Sec. 22.021. AGGRAVATED SEXUAL ASSAULT. (a) A person commits an offense:
(1) if the person:
(A) intentionally or knowingly:
(i) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;
(ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or
(iii) 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; or
(B) regardless of whether the person knows the age of the child at the time of the offense, intentionally or knowingly:
(i) causes the penetration of the anus or sexual organ of a child by any means;
(ii) causes the penetration of the mouth of a child by the sexual organ of the actor;
(iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
(v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and
(2) if:
(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;
(v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or
(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.
(b) In this section:
(1) "Child" has the meaning assigned by Section 22.011(c).
(2) "Elderly individual" has the meaning assigned by Section 22.04(c).
(3) "Disabled individual" means a person older than 13 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self.
(c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b).
(d) The defense provided by Section 22.011(d) applies to this section.
(e) An offense under this section is a felony of the first degree.
(f) The minimum term of imprisonment for an offense under this section is increased to 25 years if:
(1) the victim of the offense is younger than 10 years of age at the time the offense is committed; or
(2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A).
Added by Acts 1983, 68th Leg., p. 5312, ch. 977, Sec. 3, eff. Sept. 1, 1983. Amended by Acts 1987, 70th Leg., ch. 573, Sec. 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 16, Sec. 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 7, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1286, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 417, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 459, Sec. 5, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 528, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 896, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 1.18, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 6.05, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 784 (H.B. 2589), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 34, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 7, eff. September 1, 2017.
Acts 2025, 89th Leg., R.S., Ch. 557 (H.B. 1422), Sec. 21, eff. September 1, 2025.
Notes of Decisions
Cited in
3,244
cases (
453 in the last 5 years), 1984–2026 · leading case:
Ieppert v. State, 908 S.W.2d 217 (Tex. Crim. App. 1995).
Ieppert v. State, 908 S.W.2d 217 (Tex. Crim. App. 1995).
· cites it 14× “05 was repealed and was replaced by Texas Penal Code § 22.021, effective for conduct committed on or after September 1, 1983.”
Cornet v. State, 359 S.W.3d 217 (Tex. Crim. App. 2012).
· cites it 10× “See Tex. Penal Code §§ 22.021 (a)( 1 )(B)(iv) & 22.”
Jensen v. State, 66 S.W.3d 528 (Tex. App. 2002).
· cites it 6× “The definition of “child” is the same as that listed in Texas Penal Code section 22.011(c). Tex. Pen.”
Gonzalez Soto v. State, 267 S.W.3d 327 (Tex. App. 2008).
· cites it 6× “See Tex. Penal Code Ann. § 22.021 (a) (Vernon Supp.”
Patterson v. State, 152 S.W.3d 88 (Tex. Crim. App. 2004).
· cites it 4× “Count I, paragraph one, alleged aggravated sexual assault of a child by causing penetration of the victim's anus by appellant's sexual organ (Tex. Pen.Code § 22.021(a)(1)(B)(i)); paragraph two alleged aggravated sexual assault of a child by causing the victim's anus to contact…”
Kennedy v. Louisiana, 554 U.S. 407 (2008).
· cites it 3× “2007) (enacted 2007); see also Tex. Penal Code Ann. § 22.021 (a) (West Supp.”
Dalton v. State, 898 S.W.2d 424 (Tex. App. 1995).
· cites it 16× “See TEX.PENAL CODE ANN. § 22.021 (Vernon 1994).”
Puente v. State, 320 S.W.3d 352 (Tex. Crim. App. 2010).
· cites it 10× “[3] See TEX. PENAL CODE § 22.021(a)(1)(B)(i), (a)(2)(B), & (e) ("A person commits an offense.”
Villa v. State, 417 S.W.3d 455 (Tex. Crim. App. 2013).
· cites it 5× “We do not know why the jury acquitted appellant of the indecency offense, but it seems to me unreasonable to believe that the jury would assess a fifty-year sentence if it believed that appellant was acting for the child’s own welfare.”
Casey v. State, 215 S.W.3d 870 (Tex. Crim. App. 2007).
· cites it 2× “Appellant David Wayne Casey was charged with aggravated sexual assault *875 under Texas Penal Code § 22.021(a)(l)(A)(i), (2)(A)(vi) (Vernon Supp.”
Cueva v. State, 339 S.W.3d 839 (Tex. App. 2011).
· cites it 4× “TEX. PENAL CODE ANN. § 22.021(a)(1)(B), (2)(B).”
Jourdan, Ricardo, 428 S.W.3d 86 (Tex. Crim. App. 2014).
· cites it 4× “sexual organ of another person by any means, without that person's consent[.]”). To the extent that it alleges that the appellant caused contact between his own sexual organ and that of the complainant, it seems also to allege sexual assault under Section 22.”
— Tex. Penal Code § 22.021(1) — 1 case
— Tex. Penal Code § 22.021(1)(B)(I) — 1 case
— Tex. Penal Code § 22.021(1)(B)(i) — 1 case
— Tex. Penal Code § 22.021(1)(B)(ii) — 1 case
— Tex. Penal Code § 22.021(1)(b) — 1 case
— Tex. Penal Code § 22.021(2)(A)(vi) — 1 case
— Tex. Penal Code § 22.021(2)(B) — 3 cases
— Tex. Penal Code § 22.021(2)(f)(1) — 1 case
— Tex. Penal Code § 22.021(5) — 1 case
— Tex. Penal Code § 22.021(A) — 2 cases
— Tex. Penal Code § 22.021(A)(1)(B) — 1 case
— Tex. Penal Code § 22.021(B) — 1 case
— Tex. Penal Code § 22.021(a) — 85 cases
Gonzalez Soto v. State, 267 S.W.3d 327 (Tex. App. 2008).
“See Tex. Penal Code Ann. § 22.021 (a) (Vernon Supp.”
Dalton v. State, 898 S.W.2d 424 (Tex. App. 1995).
“See TEX.PENAL CODE ANN. § 22.021 (Vernon 1994).”
— Tex. Penal Code § 22.021(a)(1) — 27 cases
— Tex. Penal Code § 22.021(a)(1)(A) — 22 cases
Jourdan, Ricardo, 428 S.W.3d 86 (Tex. Crim. App. 2014).
“sexual organ of another person by any means, without that person's consent[.]”). To the extent that it alleges that the appellant caused contact between his own sexual organ and that of the complainant, it seems also to allege sexual assault under Section 22.”
— Tex. Penal Code § 22.021(a)(1)(A)(I) — 1 case
— Tex. Penal Code § 22.021(a)(1)(A)(i) — 54 cases
— Tex. Penal Code § 22.021(a)(1)(A)(ii) — 4 cases
— Tex. Penal Code § 22.021(a)(1)(A)(iii) — 8 cases
— Tex. Penal Code § 22.021(a)(1)(B) — 204 cases
Gonzalez Soto v. State, 267 S.W.3d 327 (Tex. App. 2008).
“See Tex. Penal Code Ann. § 22.021 (a) (Vernon Supp.”
Jensen v. State, 66 S.W.3d 528 (Tex. App. 2002).
“The definition of “child” is the same as that listed in Texas Penal Code section 22.011(c). Tex. Pen.”
— Tex. Penal Code § 22.021(a)(1)(B)(1) — 4 cases
— Tex. Penal Code § 22.021(a)(1)(B)(2) — 1 case
— Tex. Penal Code § 22.021(a)(1)(B)(I) — 6 cases
Villa v. State, 417 S.W.3d 455 (Tex. Crim. App. 2013).
“We do not know why the jury acquitted appellant of the indecency offense, but it seems to me unreasonable to believe that the jury would assess a fifty-year sentence if it believed that appellant was acting for the child’s own welfare.”
— Tex. Penal Code § 22.021(a)(1)(B)(i) — 236 cases
Cornet v. State, 359 S.W.3d 217 (Tex. Crim. App. 2012).
“See Tex. Penal Code §§ 22.021 (a)( 1 )(B)(iv) & 22.”
Puente v. State, 320 S.W.3d 352 (Tex. Crim. App. 2010).
“[3] See TEX. PENAL CODE § 22.021(a)(1)(B)(i), (a)(2)(B), & (e) ("A person commits an offense.”
— Tex. Penal Code § 22.021(a)(1)(B)(ii) — 48 cases
— Tex. Penal Code § 22.021(a)(1)(B)(iii) — 88 cases
— Tex. Penal Code § 22.021(a)(1)(B)(iv) — 25 cases
Patterson v. State, 152 S.W.3d 88 (Tex. Crim. App. 2004).
“Count I, paragraph one, alleged aggravated sexual assault of a child by causing penetration of the victim's anus by appellant's sexual organ (Tex. Pen.Code § 22.021(a)(1)(B)(i)); paragraph two alleged aggravated sexual assault of a child by causing the victim's anus to contact…”
Cornet v. State, 359 S.W.3d 217 (Tex. Crim. App. 2012).
“See Tex. Penal Code §§ 22.021 (a)( 1 )(B)(iv) & 22.”
— Tex. Penal Code § 22.021(a)(1)(B)(v) — 12 cases
— Tex. Penal Code § 22.021(a)(1)(b) — 3 cases
— Tex. Penal Code § 22.021(a)(1)(b)(i) — 3 cases
— Tex. Penal Code § 22.021(a)(1)(i) — 1 case
— Tex. Penal Code § 22.021(a)(1)(ii) — 1 case
— Tex. Penal Code § 22.021(a)(1)(iii) — 1 case
— Tex. Penal Code § 22.021(a)(2) — 10 cases
— Tex. Penal Code § 22.021(a)(2)(A) — 11 cases
— Tex. Penal Code § 22.021(a)(2)(A)(i) — 4 cases
— Tex. Penal Code § 22.021(a)(2)(A)(ii) — 17 cases
Dalton v. State, 898 S.W.2d 424 (Tex. App. 1995).
“See TEX.PENAL CODE ANN. § 22.021 (Vernon 1994).”
— Tex. Penal Code § 22.021(a)(2)(A)(iii) — 6 cases
Dalton v. State, 898 S.W.2d 424 (Tex. App. 1995).
“See TEX.PENAL CODE ANN. § 22.021 (Vernon 1994).”
— Tex. Penal Code § 22.021(a)(2)(A)(iv) — 8 cases
— Tex. Penal Code § 22.021(a)(2)(A)(v) — 4 cases
— Tex. Penal Code § 22.021(a)(2)(A)(vi) — 1 case
— Tex. Penal Code § 22.021(a)(2)(B) — 147 cases
Puente v. State, 320 S.W.3d 352 (Tex. Crim. App. 2010).
“[3] See TEX. PENAL CODE § 22.021(a)(1)(B)(i), (a)(2)(B), & (e) ("A person commits an offense.”
— Tex. Penal Code § 22.021(a)(2)(C) — 5 cases
— Tex. Penal Code § 22.021(a)(2)(b) — 9 cases
— Tex. Penal Code § 22.021(a)(2)(c) — 2 cases
— Tex. Penal Code § 22.021(a)(2)(ii) — 1 case
— Tex. Penal Code § 22.021(a)(3) — 1 case
— Tex. Penal Code § 22.021(a)(3)(B) — 2 cases
— Tex. Penal Code § 22.021(a)(5) — 11 cases
— Tex. Penal Code § 22.021(a)(B) — 4 cases
— Tex. Penal Code § 22.021(a)(B)(i) — 4 cases
— Tex. Penal Code § 22.021(a)(B)(ii) — 1 case
— Tex. Penal Code § 22.021(a)(B)(iii) — 1 case
— Tex. Penal Code § 22.021(a)(l)(A)(i) — 14 cases
Casey v. State, 215 S.W.3d 870 (Tex. Crim. App. 2007).
“Appellant David Wayne Casey was charged with aggravated sexual assault *875 under Texas Penal Code § 22.021(a)(l)(A)(i), (2)(A)(vi) (Vernon Supp.”
— Tex. Penal Code § 22.021(a)(l)(A)(ii) — 2 cases
— Tex. Penal Code § 22.021(a)(l)(A)(iii) — 4 cases
— Tex. Penal Code § 22.021(a)(l)(B)(I) — 5 cases
Villa v. State, 417 S.W.3d 455 (Tex. Crim. App. 2013).
“We do not know why the jury acquitted appellant of the indecency offense, but it seems to me unreasonable to believe that the jury would assess a fifty-year sentence if it believed that appellant was acting for the child’s own welfare.”
— Tex. Penal Code § 22.021(a)(l)(B)(i) — 36 cases
Jensen v. State, 66 S.W.3d 528 (Tex. App. 2002).
“The definition of “child” is the same as that listed in Texas Penal Code section 22.011(c). Tex. Pen.”
Cornet v. State, 359 S.W.3d 217 (Tex. Crim. App. 2012).
“See Tex. Penal Code §§ 22.021 (a)( 1 )(B)(iv) & 22.”
Patterson v. State, 152 S.W.3d 88 (Tex. Crim. App. 2004).
“Count I, paragraph one, alleged aggravated sexual assault of a child by causing penetration of the victim's anus by appellant's sexual organ (Tex. Pen.Code § 22.021(a)(1)(B)(i)); paragraph two alleged aggravated sexual assault of a child by causing the victim's anus to contact…”
— Tex. Penal Code § 22.021(a)(l)(B)(ii) — 5 cases
— Tex. Penal Code § 22.021(a)(l)(B)(iii) — 13 cases
— Tex. Penal Code § 22.021(a)(l)(B)(iv) — 5 cases
Patterson v. State, 152 S.W.3d 88 (Tex. Crim. App. 2004).
“Count I, paragraph one, alleged aggravated sexual assault of a child by causing penetration of the victim's anus by appellant's sexual organ (Tex. Pen.Code § 22.021(a)(1)(B)(i)); paragraph two alleged aggravated sexual assault of a child by causing the victim's anus to contact…”
— Tex. Penal Code § 22.021(a)(l)(B)(v) — 1 case
— Tex. Penal Code § 22.021(b) — 5 cases
Jensen v. State, 66 S.W.3d 528 (Tex. App. 2002).
“The definition of “child” is the same as that listed in Texas Penal Code section 22.011(c). Tex. Pen.”
— Tex. Penal Code § 22.021(b)(1) — 3 cases
— Tex. Penal Code § 22.021(b)(2) — 1 case
— Tex. Penal Code § 22.021(b)(3) — 4 cases
— Tex. Penal Code § 22.021(b)(f)(1) — 1 case
— Tex. Penal Code § 22.021(b)(i) — 1 case
— Tex. Penal Code § 22.021(b)(iii) — 1 case
— Tex. Penal Code § 22.021(c) — 1 case
— Tex. Penal Code § 22.021(d) — 5 cases
Cornet v. State, 359 S.W.3d 217 (Tex. Crim. App. 2012).
“See Tex. Penal Code §§ 22.021 (a)( 1 )(B)(iv) & 22.”
Villa v. State, 417 S.W.3d 455 (Tex. Crim. App. 2013).
“We do not know why the jury acquitted appellant of the indecency offense, but it seems to me unreasonable to believe that the jury would assess a fifty-year sentence if it believed that appellant was acting for the child’s own welfare.”
— Tex. Penal Code § 22.021(e) — 51 cases
Cueva v. State, 339 S.W.3d 839 (Tex. App. 2011).
“TEX. PENAL CODE ANN. § 22.021(a)(1)(B), (2)(B).”
Jensen v. State, 66 S.W.3d 528 (Tex. App. 2002).
“The definition of “child” is the same as that listed in Texas Penal Code section 22.011(c). Tex. Pen.”
— Tex. Penal Code § 22.021(f) — 14 cases
— Tex. Penal Code § 22.021(f)(1) — 31 cases
Cueva v. State, 339 S.W.3d 839 (Tex. App. 2011).
“TEX. PENAL CODE ANN. § 22.021(a)(1)(B), (2)(B).”
Puente v. State, 320 S.W.3d 352 (Tex. Crim. App. 2010).
“[3] See TEX. PENAL CODE § 22.021(a)(1)(B)(i), (a)(2)(B), & (e) ("A person commits an offense.”
— Tex. Penal Code § 22.021(f)(2) — 6 cases
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