Tex. Codes » Penal Code · TITLE 5. OFFENSES AGAINST THE PERSON · CHAPTER 22. ASSAULTIVE OFFENSES
Texas Codes

Tex. Penal Code § 22.012 (2026)

Indecent Assault

✓ current as of May 2026
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Sec. 22.012. INDECENT ASSAULT. (a) A person commits an offense if, without the other person's consent and with the intent to arouse or gratify the sexual desire of any person, the person:

(1) touches the anus, breast, or any part of the genitals of another person;

(2) touches another person with the anus, breast, or any part of the genitals of any person;

(3) exposes or attempts to expose another person's genitals, pubic area, anus, buttocks, or female areola; or

(4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person.

Text of subsection as amended by Acts 2025, 89th Leg., R.S., Ch. 596 (H.B. 2593), Sec. 1


(b) An offense under this section is a Class A misdemeanor, except that the offense is:

(1) a state jail felony if it is shown on the trial of the offense that:

(A) the defendant has been previously convicted of an offense under this section, other than an offense punishable under Paragraph (B); or

(B) the defendant is a health care services provider or a mental health services provider and the act is:

(i) committed during the course of providing a treatment or service to the victim; and

(ii) beyond the scope of generally accepted practices for the treatment or service;

(2) a felony of the third degree if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section that is punishable under Subdivision (1)(B); or

(3) a felony of the second degree if the victim is a disabled individual or an elderly individual.

Text of subsection as amended by Acts 2025, 89th Leg., R.S., Ch. 1145 (S.B. 1610), Sec. 4


(b) An offense under this section is a Class A misdemeanor, except that the offense is:

(1) a state jail felony if it is shown on the trial of the offense that:

(A) the defendant has been previously convicted of an offense under this section, other than an offense punishable under Paragraph (B); or

(B) the defendant is a health care services provider or a mental health services provider and the act is:

(i) committed during the course of providing a treatment or service to the victim; and

(ii) beyond the scope of generally accepted practices for the treatment or service;

(2) a felony of the third degree if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section that is punishable under Subdivision (1)(B); or

(3) a felony of the third degree if the offense is committed by an actor who is committed to a civil commitment facility, against:

(A) a person the actor knows is an officer or employee of the Texas Civil Commitment Office:

(i) while the officer or employee is lawfully discharging an official duty; or

(ii) in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or

(B) a person the actor knows is contracting with the state to perform a service in a civil commitment facility or an employee of that person:

(i) while the person or employee is engaged in performing a service within the scope of the contract; or

(ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract.

(c) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.

(d) In this section:

(1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04.

(2) "Health care services provider" and "mental health services provider" have the meanings assigned by Section 22.011.

Added by Acts 2019, 86th Leg., R.S., Ch. 955 (S.B. 194), Sec. 1, eff. September 1, 2019.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 659 (H.B. 55), Sec. 1, eff. September 1, 2023.

Acts 2025, 89th Leg., R.S., Ch. 596 (H.B. 2593), Sec. 1, eff. September 1, 2025.

Acts 2025, 89th Leg., R.S., Ch. 1145 (S.B. 1610), Sec. 4, eff. September 1, 2025.

Notes of Decisions
Cited in 22 cases (17 in the last 5 years), 1990–2025 · leading case: Oestrick v. State, 939 S.W.2d 232 (Tex. App. 1997).
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Oestrick v. State, 939 S.W.2d 232 (Tex. App. 1997). “Laws 3586 , 3615 ( Tex. Penal Code Ann. § 20.04 ) and Pend Code, 73d Leg.”
Hunter v. State, 799 S.W.2d 356 (Tex. App. 1990). “Tex.Penal Code Ann. § 22.012 (Vernon Supp.”
Michael Edwards v. the State of Texas (Tex. App. 2024). · cites it 5× “TEX. PENAL CODE § 22.012. We, therefore, modify the judgment by deleting “02/16/2023” from the “OFFENSE CONVICTED OF” line and replacing it with “INDECENT ASSAULT - TEX.”
Jose Arturo Quintana v. the State of Texas (Tex. App. 2024). · cites it 3× “Laws 2768 , 2768–69 (amended 2023) (current version at TEX. PENAL CODE § 22.012). Because the offense in this case was committed prior to the effective date of the amendment, year, suspended his sentence, and placed him on community supervision for 18 months.”
Arthur Arrit Chavason, M.D. v. the Texas Med. Bd. (Tex. App. 2025). · cites it 3× “Chavason committed indecent assault under Texas Penal Code § 22.012(a) (Indecent Assault).”
B. D. & S. P. D. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2020). · cites it 2× “See Tex. Penal Code § 22.012(a)(1) (defining “indecent assault”); Tex.”
Jose Demetrio Pineda v. the State of Texas (Tex. App. 2022). · cites it 2× “TEX.PENAL CODE ANN. § 22.012(a)(1), (b). Thus, the State had to prove, by a preponderance of the evidence, that Appellant, with the intent to arouse or gratify Appellant’s sexual desire, and without the consent of Loya, touched Loya’s anus, breast or genitals.”
Jose Demetrio Pineda v. the State of Texas (Tex. App. 2022). · cites it 2× “TEX.PENAL CODE ANN. § 22.012(a)(1), (b). Thus, the State had to prove, by a preponderance of the evidence, that Appellant, with the intent to arouse or gratify Appellant’s sexual desire, and without the consent of Loya, touched Loya’s anus, breast or genitals.”
Jose Demetrio Pineda v. the State of Texas (Tex. App. 2022). · cites it 2× “TEX.PENAL CODE ANN. § 22.012(a)(1), (b). Thus, the State had to prove, by a preponderance of the evidence, that Appellant, with the intent to arouse or gratify Appellant’s sexual desire, and without the consent of Loya, touched Loya’s anus, breast or genitals.”
Damian Castro v. the State of Texas (Tex. App. 2025). · cites it 2× “1 TEX. PENAL CODE ANN. § 22.012(a)(2). 2 TEX.”
Girgis Gorgy Salib Istfanous v. the State of Texas (Tex. App. 2025). · cites it 2× “See Tex. Penal Code Ann. § 22.012 (a), (b). The trial court sentenced him to 45 days’ confinement in the Tarrant County Jail and ordered that he pay a $200 fine.”
Balentine Munos v. the State of Texas (Tex. App. 2025). · cites it 2× “49 Tex. Penal Code § 22.012 ................”
Show all 22 citing cases →
— Tex. Penal Code § 22.012(a) — 3 cases
Arthur Arrit Chavason, M.D. v. the Texas Med. Bd. (Tex. App. 2025). “Chavason committed indecent assault under Texas Penal Code § 22.012(a) (Indecent Assault).”
Jose Arturo Quintana v. the State of Texas (Tex. App. 2024). “Laws 2768 , 2768–69 (amended 2023) (current version at TEX. PENAL CODE § 22.012). Because the offense in this case was committed prior to the effective date of the amendment, year, suspended his sentence, and placed him on community supervision for 18 months.”
Christopher Tyler Bray v. the State of Texas (Tex. App. 2025).
— Tex. Penal Code § 22.012(a)(1) — 5 cases
Michael Edwards v. the State of Texas (Tex. App. 2024). “TEX. PENAL CODE § 22.012. We, therefore, modify the judgment by deleting “02/16/2023” from the “OFFENSE CONVICTED OF” line and replacing it with “INDECENT ASSAULT - TEX.”
B. D. & S. P. D. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2020). “See Tex. Penal Code § 22.012(a)(1) (defining “indecent assault”); Tex.”
Jose Demetrio Pineda v. the State of Texas (Tex. App. 2022). “TEX.PENAL CODE ANN. § 22.012(a)(1), (b). Thus, the State had to prove, by a preponderance of the evidence, that Appellant, with the intent to arouse or gratify Appellant’s sexual desire, and without the consent of Loya, touched Loya’s anus, breast or genitals.”
Jose Demetrio Pineda v. the State of Texas (Tex. App. 2022). “TEX.PENAL CODE ANN. § 22.012(a)(1), (b). Thus, the State had to prove, by a preponderance of the evidence, that Appellant, with the intent to arouse or gratify Appellant’s sexual desire, and without the consent of Loya, touched Loya’s anus, breast or genitals.”
Jose Demetrio Pineda v. the State of Texas (Tex. App. 2022). “TEX.PENAL CODE ANN. § 22.012(a)(1), (b). Thus, the State had to prove, by a preponderance of the evidence, that Appellant, with the intent to arouse or gratify Appellant’s sexual desire, and without the consent of Loya, touched Loya’s anus, breast or genitals.”
— Tex. Penal Code § 22.012(a)(2) — 1 case
Damian Castro v. the State of Texas (Tex. App. 2025). “1 TEX. PENAL CODE ANN. § 22.012(a)(2). 2 TEX.”
— Tex. Penal Code § 22.012(a)(4) — 1 case
Balentine Munos v. the State of Texas (Tex. App. 2025). “49 Tex. Penal Code § 22.012 ................”
— Tex. Penal Code § 22.012(b) — 2 cases
Abdul Shirzad v. the State of Texas (Tex. App. 2024).
Abdul Shirzad v. the State of Texas (Tex. App. 2024).
— Tex. Penal Code § 22.012(b)(1)(B) — 1 case
Jose Arturo Quintana v. the State of Texas (Tex. App. 2024). “Laws 2768 , 2768–69 (amended 2023) (current version at TEX. PENAL CODE § 22.012). Because the offense in this case was committed prior to the effective date of the amendment, year, suspended his sentence, and placed him on community supervision for 18 months.”
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