Sexual assault is a serious crime in the state of Texas, but an aggravated sexual assault is even more serious. If you are facing sexual assault charges, it is important to know the difference between the two crimes.
What is sexual assault?
Under Texas Penal Code Sec. 22.011, sexual assault is a second-degree felony. Sexual assault generally consists of the following elements:
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- Lack of consent (perpetrator used violence, victim was unconscious, etc.)
- Unwanted sexual contact, penetration, or intercourse with another person.
When is a sexual assault considered “aggravated?”
Under Texas Penal Code Sec. 22.021, aggravated sexual assault is considered a first-degree felony. There are several circumstances that may cause a sexual assault to be classified as an aggravated sexual assault, including:
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- Involvement of a weapon: Even just showing the weapon to intimidate the victim may be sufficient for an aggravated sexual assault.
- Status of the victim: If the victim is considered ‘vulnerable’ (e.g., elderly, disabled, or under the age of 14), the assault may be considered aggravated.
- Seriousness of injury: Causing serious bodily harm or attempting to kill can be classified as an aggravated sexual assault.
- Threats: Threatening to cause serious bodily injury or death.
- Date rape drugs: Administering date rape drugs to the victim.
If you have been charged with aggravated sexual assault or another sex offense in Texas, you may be facing years in prison and thousands of dollars in fines if you are convicted. Sexual assault may result in anywhere from two to 20 years in prison, while aggravated sexual assault may result in five to 99 years in prison.