Statutory Rape

Statutory rape generally refers to sexual activity in which one person is below the age of consent in a jurisdiction, but there is no statutory rape statute in the Texas Penal Code. Instead, statutory rape offenses are prosecuted much the same as traditional rape crimes.

Minors who are 17 years of age or younger do not have the legal ability to consent to sexual activity in Texas. As a result, any person over 18 years of age who engages in sex with a child can be charged a related felony offense.Texas Penal Code § 22.011(c)(1) defines a child as a person younger than 17 years of age.

Lawyer for Statutory Rape Arrests in Conroe, TX

If you were arrested for statutory rape in Montgomery County or Harris County, it is in your best interest to exercise your right to remain silent until you have legal counsel.

Evans & Powell, PLLC aggressively defends clients accused of sexual crimes in Porter Heights, Willis, Oak Ridge North, Cut and Shoot, The Woodlands, Spring, Shenandoah, Panorama Village, and many surrounding areas of Harris County and Montgomery County.

Sean Evans and Frank Powell are skilled criminal defense attorneys in Conroe who can fight to possibly have grand juries no-bill the case or get prosecutors amend or dismiss the criminal charges.

Call (936) 622-2000 to have our lawyers review your case and help you understand all of your legal options during a free initial consultation.


Overview of Statutory Rape in Montgomery County


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Statutory Rape Charges in Texas

Statutory rape crimes are generally prosecuted as one of the following offenses, depending on specific alleged offenders:

  • If a person, with a child younger than 17 years of age, whether the child is of the same or opposite sex, engages in sexual contact with the child or causes the child to engage in sexual contact, or with intent to arouse or gratify the sexual desire of any person exposes the person's anus or any part of the person's genitals, knowing the child is present, or causes the child to expose the child's anus or any part of the child's genitals, the crime is the second-degree felony offense of indecency with a child under Texas Penal Code § 22.11;
  • The crime is the second-degree felony offense of sexual assault under Texas Penal Code § 22.011 if a person intentionally or knowingly:
    • causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;
    • causes the penetration of the mouth of another person by the sexual organ of the alleged offender, without that person's consent;
    • 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 alleged offender;
    • causes the penetration of the anus or sexual organ of a child by any means; causes the penetration of the mouth of a child by the sexual organ of the alleged offender;
    • causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the alleged offender;
    • causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the alleged offender; or
    • causes the mouth of a child to contact the anus or sexual organ of another person, including the alleged offender.
  • The crime is thefirst-degree felony offense of aggravated sexual assault under Texas Penal Code § 22.021if a person commits any of the actions constituting sexual assault listed above and:
    • causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;
    • by acts or words places the victim in fear that any person will become the victim of a trafficking of persons offense under Texas Penal Code § 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
    • by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of a trafficking of persons offense under Texas Penal Code § 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person;
    • uses or exhibits a deadly weapon in the course of the same criminal episode;
    • acts in concert with another who engages in sexual assault conduct directed toward the same victim and occurring during the course of the same criminal episode;
    • administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense;
    • the victim is younger than 14 years of age; or
    • the victim is an elderly individual or a disabled individual.

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Montgomery County Statutory Rape Penalties

The consequences of a statutory rape conviction will depend on how the alleged offense has been graded. The maximum punishments in such cases are as follows:

  • Second-Degree Felony — Up to 20 years in prison and fine of up to $10,000; or
  • First-Degree Felony — Up to 99 years or life in prison and fine of up to $10,000.

People who are accused of these crimes may be able to use certain affirmative defenses—facts that justify otherwise unlawful conduct and defeat or mitigate the legal consequences. For example, Texas Penal Code § 22.011(d) establishes that it is a defense to prosecution under Texas Penal Code § 22.011(a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party.

Additionally, Texas Penal Code § 22.011(e)(1) provides that it is an affirmative defense to prosecution under Texas Penal Code § 22.011(a)(2) that the alleged offender was the spouse of the child at the time of the offense. Texas Penal Code § 22.011(e)(2) also makes it an affirmative defense to prosecution under Texas Penal Code § 22.011(a)(2) that the alleged offender was:

  • not more than three years older than the alleged victim and at the time of the offense;
  • was not required under to register for life as a sex offender or was not a person who had a reportable conviction or adjudication for an offense under this section; and
  • the alleged victim was a child of 14 years of age or older and was not a person whom the alleged offender was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under the Texas bigamy statute.

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Texas Statutory Rape Resources

Statutory Rape: A Guide to State Laws and Reporting Requirements — View a 2004 report prepared for the Office of the Assistant Secretary for Planning and Evaluation for the Department of Health and Human Services. As this document indicates, there is wide variation among laws and reporting requirements in different states. You can learn more about child abuse reporting requirements and statutory rape laws for each state.

What You Need To Know About Statutory Rape | NoBullying — NoBullying.com identifies itself as “an online forum aimed at educating, advising, counselling and all importantly, helping to stop bullying, in particular, cyber bullying.” Visit this website to the rationale of statutory rape laws, statutory rape cases and penalties, and defenses for statutory rape. The website also discusses discrepancies in sentencing between males and females in these cases.


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Evans & Powell, PLLC | Conroe Statutory Rape Defense Attorney

Were you recently arrested for statutory rape in Montgomery County or Harris County? Do not make any statement to authorities without first contacting Evans & Powell, PLLC.

Conroe criminal defense lawyers Sean Evans and Frank Powell represent individuals in communities throughout Harris County and Montgomery County, such as Splendora, Magnolia, Willis, Woodbranch, The Woodlands, Spring, Patton Village, Pinehurst, and many more.

You can have our attorneys provide an honest and thorough evaluation of your case when you call (936) 622-2000 or complete an online contact form to receive a free, confidential consultation.



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