Super Aggravated Sexual Assault of a Child (2023)
What is Super Aggravated Sexual Assault of a Child in Texas?
Criminal charges rarely get more serious in Texas than super aggravated sexual assault of a child. In fact, the term “super” was added colloquially to reflect the enhanced penalties. It is not a term found in the sexual assault statute.
The offense is super aggravated sexual assault if the victim is under age six or if the offender has a previous conviction for a violent sexual assault of a victim under age 14. Super aggravated sexual assault of a child can also apply to cases of continuous child sexual abuse or if the offender has previous convictions for child abuse or aggravated sexual assault.
Super aggravated sexual assault of a child carries a minimum of 25 years in prison, lifetime registration as a sex offender, and no possibility of parole.
The state hopes that severe punishment prevents first-time offenders from repeating the crime.
Are you being investigated for Dallas child sexual assault?
If so, your freedom is in the balance. A trusted, experienced criminal defense attorney is vital in fighting such charges. The team at Varghese Summersett includes Board Certified criminal defense lawyers and former prosecutors. We have handled these cases for decades.
This post will explain what defines super aggravated sexual assault of a child, the punishment, and what prosecutors need to prove to convict.
Why did Texas enhance punishment for aggravated sexual assault of a child?
House Bill 8 was passed by Texas lawmakers in 2007. It’s known as the Jessica Lunsford Act, a tribute to a 9-year-old girl in Florida who was raped and murdered by a convicted sex offender.
This enhanced existing Texas aggravated sexual assault statutes to create enhanced punishments in cases involving a victim under age six or if the victim was younger than 14 and there was at least one additional aggravating factor.
Potential aggravating factors include:
- Causes serious bodily injury or attempts to cause the death of the victim;
- By words or acts, or words or acts in the presence of the child, places the victim in fear that any person will become the victim of sex trafficking or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
- Uses or exhibits a deadly weapon;
- Acts in tandem with another;
- Or, with intent to facilitate the offense, administers a substance capable of impairing the victim’s ability to appraise the nature of the act or resist the act.
The change made the range of punishment the same as continuous sexual abuse of a child: 25 years to life with no parole and no deferred adjudication. Without the “super” enhancement, the range of prison time is 5 to 99 years.
What does super aggravated assault of a child mean in Texas?
The super aggravated sexual assault of a child occurs when the victim is younger than six at the time of the offense or under the age of 14 at the time of the offense, and another aggravating factor is involved. For example, if a deadly weapon or alcohol or drug was used.
Probation, deferred adjudication, or parole are not options in super aggravated sexual assault convictions.
Texas Penal Code defines aggravated sexual assault as when 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 actor without that person’s consent; or
- 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 regardless of whether the person knows the age of the victim at the time of the offense, the crime occurs if the person intentionally or knowingly:
- 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 actor;
- causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
- causes the anus of a child to come into contact with the mouth, anus, or sexual organ of another person, including the actor; or
- causes the mouth of a child to contact the anus or sexual organ of another person, including the actor
What is the punishment for super aggravated sexual assault of a child in Texas?
Texas considers super aggravated sexual assault of a child one of the most serious crimes and attempts to punish it as such. A conviction is punishable by 25 years to life in prison with no possibility of parole and sex offender registration for life.
Here are the punishment ranges in Texas for three closely-related sexual assault of a child offenses:
| Crime | Classification | Punishment |
| Super aggravated sexual assault of a child | 1st-degree aggravated felony | Minimum of 25 years to life in prison, maximum fine of $10,000, lifetime sex offender registration, no parole |
| Aggravated sexual assault of a child or adult | 1st-degree felony | 5 to 99 years in prison, maximum fine of $10,000, lifetime sex offender registration |
| Sexual assault of a child or adult | 2nd-degree felony | 2 to 20 years in prison, maximum fine of $10,000, lifetime sex offender registration |
What must prosecutors prove in a super aggravated sexual assault of a child case?
Super aggravated sexual assault of child cases require the prosecution to prove the victim was under age six at the time of the alleged offense or the defendant
- Caused serious bodily injury or attempted to cause death;
- Placed the complainant in fear that death, serious bodily injury, or kidnapping would be inflicted on any person;
- Threatened in the complainant’s presence to cause death, serious bodily injury, or kidnapping of any person;
- Used or exhibited a deadly weapon;
- Acted in tandem with another person, who also sexually assaulted the complainant; or,
- Used a “date rape” drug during the offense.
Prosecutors must prove the complainant was under age 14 at the time of the alleged offense in cases involving older children.
Is there a statute of limitations for super aggravated sexual assault of a child in Dallas?
There are no statutes of limitations for aggravated sexual assault accusations under Texas Penal Code Sec. 22.021(a)(1)(B).
Facing super aggravated assault of a child in Dallas? Call Varghese Summersett.
Super aggravated sexual assault of a child is a grave charge and should not be taken lightly. A conviction could mean life in prison.
Even a lesser sexual assault conviction could lead to decades in prison and forever disrupt your life and family.
If you’re being investigated for Dallas child sexual assault, you need a defense attorney with years of experience fighting such cases at your side.
Varghese Summersett has a record of handling high-stakes, high-profile cases professionally and with discretion. Our defense team has negotiated hundreds of sex offenses and is determined to win the best possible result in each case.
For a free consultation, call us at 214-903-4000
