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Difference Between Sexual Assault & Aggravated Sexual Assault

Consent and sexual assault have recently become hot-button issues in public forums. Unfortunately, many people are ignorant about what the law says about sexual assault and consent. To fix this problem, Smith & Vinson Law Firm explains the differences between sexual assault and aggravated sexual assault charges in Texas.

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Definition of Sexual Assault in Texas

In Texas, sexual assault is when a person intentionally or knowingly:

1. causes the penetration of the anus or sexual organ of another person by any means without that person's consent;

2. causes the penetration of the mouth of another person by the sexual organ of the actor without that person's consent or

3. causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor.

Additionally, all the actions mentioned above are sexual assault if performed with a minor, even if the accused didn’t know the minor was under 17.

A person convicted of sexual assault may face a felony in the second degree.

Aggravated Sexual Assault Texas

What is aggravated sexual assault in Texas? Aggravated sexual assault is defined as a person intentionally or knowingly performing one of the acts mentioned above and:

(A) the person:

(i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;

(ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;

(iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person;

(iv) uses or exhibits a deadly weapon in the course of the same criminal episode;

(vi) with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim's ability to appraise the nature of the act or to resist the act;

(B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense or

(C) the victim is an elderly individual or a disabled individual.

Have You Been Charged with Sexual Assault?

If you or a loved one has been charged with sexual assault or aggravated sexual assault, a solid criminal defense is possible. Smith & Vinson Law Firm works hard to prove the highest quality representation possible – no matter the circumstances of your case.

Call (512) 359-3743 now for a free consultation concerning the charges made against you.

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