Jessica’s Law in Texas, officially known as H.B. No. 8, was enacted as a comprehensive measure to address the rising concerns around child sexual abuse and to strengthen penalties for offenders.

Named after Jessica Lunsford, a young Florida girl whose tragic kidnapping, abuse, and murder led her father to advocate for stricter laws, this legislation has had a profound impact on how sex crimes involving children are prosecuted in Texas.

By increasing penalties for sex offenders, mandating continuous monitoring, and ensuring long prison sentences for convicted offenders, Texas aimed to provide stronger protection for its most vulnerable citizens.

The law, passed during the 80th Texas Legislative Session, introduced critical provisions such as mandatory minimum prison sentences and lifetime electronic monitoring for sex offenders. The evolution of Jessica’s Law in Texas involved multiple amendments and revisions, reflecting the state’s commitment to refining the law to address the complexities of prosecuting sex offenses, especially those involving children.

This process culminated in a broad range of changes to the state’s penal code, including the creation of the offense of continuous sexual abuse of a child and the introduction of harsher penalties for aggravated sexual assault of a child.

For individuals who have been falsely accused under this law, it is crucial to understand the full scope of the law. Jessica’s Law not only covers violent sexual offenses but also includes a broad range of acts that may seem less severe but still carry serious consequences.

In this article by experienced Texas child sexual abuse defense lawyer Grant Scheiner, we will explore the specifics of Jessica’s Law in Texas, how it defines various forms of sexual abuse, and the severe penalties it imposes. Additionally, we will discuss the potential consequences of being accused under this law and how individuals can protect their rights and ensure they receive a fair defense in such serious matters.

What is Continuous Sexual Abuse of a Child in Texas?

Under Jessica’s Law in Texas, continuous sexual abuse of a child is a serious criminal offense that involves the repeated and ongoing sexual abuse of a child under the age of 14 over an extended period of time. The law was specifically enacted to address situations where a child suffers from a pattern of abuse that takes place over a span of at least 30 days.

In these cases, the abuse can occur across multiple instances, and it is not necessary for the jury to agree on every specific act of abuse.

The definition of continuous sexual abuse in Texas includes several types of sexual offenses such as indecency with a child, sexual assault, aggravated sexual assault, and other criminal acts. These offenses may involve one or more victims, and the perpetrator can be charged with multiple counts.

To secure a conviction, the jury only needs to agree that at least two acts of sexual abuse occurred over the 30-day period, regardless of how many abusive acts may have taken place. This means that even if the victim has experienced hundreds of abusive incidents, the law allows for the prosecution of the defendant based on just two incidents of abuse.

The goal of Jessica’s Law in Texas is to address the long-term impact of ongoing sexual abuse on a child, providing a legal framework that ensures harsh consequences for those convicted of such heinous acts.

An Overview of Texas’ Jessica’s Law

In 2007, Jessica’s Law in Texas was enacted when Governor Rick Perry signed House Bill 8 into law, joining more than 30 states in implementing tougher penalties for sex offenders, particularly those who prey on children. The law was designed to strengthen the punishment for those who commit heinous crimes against children, ensuring that offenders face long prison sentences and no opportunities for early release. Some of the key components of this law include:

Extended Statute of Limitations: Texas’ Jessica’s Law lengthened the statute of limitations for prosecuting child sex crimes. For most offenses involving children under 17, there is now no statute of limitations. Specifically, charges for sexual performance by a child, aggravated kidnapping with intent to commit sexual abuse, and burglary with intent to commit a sexual offense can be filed up to 20 years after the victim turns 18.
Increased Felony Classifications: The law reclassified certain child sex crimes, making them more severe offenses with harsher penalties. For instance, sexual performance by a child younger than 14 now carries a second-degree felony charge rather than a third-degree felony, reflecting the seriousness of the crime.
Mandatory Minimum Sentences: Individuals convicted of aggravated sexual assault involving children now face mandatory sentences of at least 25 years in prison. This crime includes offenses such as the rape of a child under 6 or the rape of a child between 7 and 14 involving violence, kidnapping, or the use of a weapon. The penalties can extend to up to 99 years or even life in prison, without the possibility of early release. A second conviction for this crime is classified as a capital felony.
Continuous Sexual Abuse of a Child: Under Texas Penal Code Section 21.02, if an individual is convicted of continuous sexual abuse of a child, they face a minimum of 25 years in prison, with a maximum of 99 years. There is no chance for early release, and a second conviction for this crime results in life imprisonment without the possibility of parole.
Death Penalty for Repeat Offenders: Texas law allows the death penalty in cases where someone is convicted for repeat offenses of aggravated sexual assault or continuous sexual abuse of a child.
Ineligibility for Probation: Jessica’s Law in Texas added several child sex crimes to the list of offenses that are not eligible for probation, specifically for crimes committed against children under 14 years old.
Electronic Monitoring: Individuals convicted under Jessica’s Law may be subject to real-time electronic monitoring if they are released on parole, ensuring continued supervision for public safety.

The passage of Jessica’s Law in Texas underscores the state’s commitment to protecting children from sexual predators and ensuring that those who engage in such harmful behavior face serious consequences.

At Scheiner Law Group, our experienced Texas sex crime defense lawyers are here to provide expert legal defense for those who have been falsely accused under this law, ensuring that your rights are protected throughout the legal process.

What Are Some Types of Sexual Abuse Which Jessica’s Law Applies To?

Accusations of indecency with a child are among the most serious charges under Texas law, carrying severe penalties and lasting consequences. Under Jessica’s Law in Texas, these offenses are prosecuted aggressively to protect children from sexual abuse and exploitation.

Indecency with a child can take two distinct forms: by contact and by exposure. Both offenses are felonies and can result in lengthy prison sentences, fines, and mandatory sex offender registration.

Indecency with a Child by Contact

Indecency with a child by contact occurs when an individual engages in sexual contact with a child under the age of 17. The law does not require penetration to constitute this offense, and it often involves acts such as fondling or inappropriate touching of a child’s genitals, anus, or breasts. Even if the touching occurs over clothing, it can still lead to criminal charges. This charge is particularly serious and can result in a second-degree felony conviction, with severe legal consequences if proven in court.

If you are facing allegations of indecency with a child by contact, it is crucial to understand the potential penalties and seek experienced legal defense. At Scheiner Law Group, we specialize in defending individuals against such serious charges.

Indecency with a Child by Exposure

Indecency with a child by exposure, often referred to as “flashing,” occurs when an individual intentionally exposes their genitals or anus to a child or forces a child to expose themselves with the intent to arouse or gratify sexual desires. This crime can have varying fact patterns, from intentional exposure in public to coercion of the child to engage in such acts. Regardless of the circumstances, Jessica’s Law in Texas imposes severe penalties for this offense, which is classified as a third-degree felony in most cases.

Convictions for indecency with a child by exposure can result in prison time, substantial fines, and lifelong consequences, including mandatory registration as a sex offender. If you have been charged with this offense, it is essential to seek immediate legal representation to protect your rights and your future.

Sexual Assault of a Child

Sexual assault of a child, including situations that may involve indecency with a child by contact, is a grave offense under Jessica’s Law in Texas. This charge typically involves sexual penetration or coercion of a child under 17 years old, which carries serious consequences, including imprisonment and mandatory registration as a sex offender.

Aggravating factors, such as using force or threats, can escalate these charges to aggravated sexual assault.

Sexual Performance by a Child

Another severe offense under Jessica’s Law in Texas is sexual performance by a child, which criminalizes any form of child pornography or the use of a child in a sexually explicit performance. Encouraging or forcing a child to participate in such activities is illegal and carries significant legal consequences.

Even if the child does not participate in an explicit act, simulating sexual conduct in any form can lead to charges. The penalties for sexual performance by a child can include lengthy prison sentences, steep fines, and mandatory registration as a sex offender.

Each of these charges is extremely serious, and under Jessica’s Law in Texas, they are subject to harsh penalties. If you have been accused of indecency with a child, sexual assault, or any other related offense, it is essential to seek the guidance of a skilled criminal defense lawyer to protect your rights and help navigate the complexities of the Texas legal system.

What Are The Punishments For Continuous Sexual Abuse of a Child in Texas?

The punishments for continuous sexual abuse of a child under Jessica’s Law in Texas are some of the most severe in the state. Individuals convicted of this offense face a minimum sentence of 25 years in prison, with the possibility of a life sentence without the option of parole. Even for a first-time offense, the penalties are harsh, reflecting the gravity of the crime and the intent of Jessica’s Law to provide strong protections for children.

For those convicted of continuous sexual abuse of a child, parole eligibility is not an option, and the individual will be required to register as a sex offender for life. This registration can significantly impact a person’s future, affecting employment, housing, and personal relationships.

In addition to the mandatory prison sentence, Jessica’s Law removes the possibility of deferred adjudication or probation, both of which are typically available for less severe offenses. This means that even for a first-time offense, the defendant cannot avoid the full force of the law. Texas Penal Code 22.02(h) and Texas Code of Criminal Procedure Art. 42.12 specifically prohibit probation in any form for these types of offenses, reinforcing the seriousness of the charge.

A second or subsequent offense under Jessica’s Law will result in an automatic life sentence without the possibility of parole, as outlined in Texas Penal Code 12.42(c)(4). The law does not allow for leniency in these cases, emphasizing that those who continuously abuse children will face the harshest penalties.

Given the severity of the penalties and the lifetime consequences associated with continuous sexual abuse of a child charges, it is crucial to have experienced legal representation.

Skilled Sex Offender Defense Lawyers in Houston, Texas

At Scheiner Law Group, we are dedicated to fiercely defending your rights and protecting your future against false sex crime charges in Houston, Texas. We understand the devastating impact these accusations can have on your life, reputation, and freedom.

Our skilled and compassionate legal team works tirelessly to ensure that every aspect of your case is thoroughly examined, and we are committed to providing a vigorous defense. If you or a loved one is facing false allegations of a sex crime, trust Scheiner Law Group to fight for justice and help you navigate this challenging process with the utmost care and expertise.