Child Molestation Defense Lawyer in McAllen

How Texas Charges Child Sex Abuse Offenses

Because “child molestation” isn’t a formal charge, what a person actually faces depends on the specific allegations. Three statutes cover most of these cases, and each carries distinct elements and penalty ranges.

Indecency with a Child

Under Texas Penal Code Section 21.11, Indecency with a Child by Contact occurs when a person engages in sexual contact with a child younger than 17. It’s a second-degree felony carrying 2 to 20 years in prison and a fine of up to $10,000. The exposure variant, which involves exposing genitals or causing a child to expose themselves with intent to arouse or gratify, is a third-degree felony with a range of 2 to 10 years. The law applies regardless of whether the accused knew the child’s age. A narrow affirmative defense exists when the accused was no more than three years older than the alleged victim and no force or duress was involved, but it doesn’t apply in many situations.

Continuous Sexual Abuse of a Young Child

This charge under Penal Code Section 21.02 requires the state to prove two or more acts of sexual abuse committed against a child younger than 14 over a span of 30 or more days by a person 17 or older. It’s a first-degree felony with a punishment range of 25 to 99 years or life, and probation isn’t available upon conviction. Even when individual acts might otherwise be charged separately at lower levels, prosecutors often pursue this charge to reduce the chance of a non-prison outcome.

Aggravated Sexual Assault of a Child

Aggravated Sexual Assault of a Child under Penal Code Section 22.021 is also a first-degree felony. It applies when the alleged victim is younger than 14 or when other aggravating factors are present. Mandatory minimum sentences attach in many of these cases, and plea options are often limited.

Consequences Beyond the Prison Sentence

A conviction doesn’t end when the sentence is served. Texas sex offender registration requirements under Code of Criminal Procedure Chapter 62 can follow a person for decades or for life.

Sex Offender Registration Requirements

A conviction for Indecency with a Child by Contact or Continuous Sexual Abuse of a Young Child generally triggers lifetime sex offender registration. Indecency with a Child by Exposure generally carries a 10-year registration requirement. Registration affects where a person can live, work, and travel, and it is publicly searchable.

No Statute of Limitations and CPS Investigations

Texas imposes no statute of limitations on indecency with a child or continuous sexual abuse of a young child under Article 12.01 of the Code of Criminal Procedure. Charges can be filed years or decades after the alleged conduct, which means an accusation from the past can still produce an active prosecution today. Separately, a child sex abuse allegation often triggers a Child Protective Services investigation that can affect custody and parental rights independent of the criminal case.

How These Allegations Are Investigated in Hidalgo County

Felony child sex abuse cases in Hidalgo County are handled through the Hidalgo County District Courts. Before charges are filed, investigators typically gather outcry statements, the first disclosures a child makes to an adult, and conduct forensic interviews, which are structured interviews performed by trained professionals at a child advocacy center.

These procedures follow specific protocols. When interviewers deviate from those protocols, ask leading questions, or allow outside influence to shape a child’s account, the reliability of the statement becomes a legitimate issue. We also examine whether a possible motive exists for a false allegation, such as a custody dispute or family conflict. These aren’t attacks on a child’s character. They are the constitutional obligations of a competent defense.

What to Do Before You Speak with Anyone

If you’ve learned that CPS or a detective wants to speak with you about a child sex abuse allegation, don’t give a statement before consulting an attorney. Anything you say to investigators can be used in the criminal case, and there is no version of “explaining yourself” to law enforcement that reliably helps at this stage.

Contacting an attorney before any interview preserves your rights and keeps your legal options open. The earlier we get involved, the more we can do to protect you.

Call Law Office of Rolando D. Cantu at (956) 594-5607 for a free initial case review, available 24/7 in English and Spanish.