A Katy, Texas man has been arrested after an investigation by the Fort Bend County District Attorney’s Office and the Houston Metro Internet Crimes Against Children Task Force led them to believe he was involved in online child exploitation. Working with the Montgomery County District Attorney’s Office, the Defendant was arrested and charged with the First-Degree Felony of Super Aggravated Sexual Assault of a Child.
What is Aggravated Sexual Assault?
Aggravated Sexual Assault is a first-degree felony occurring when the suspect injures or threatens to injure a victim while committing the offense of sexual assault. The Texas Penal Code states that a person commits the offense of Aggravated Sexual Assault if the person:
- Intentionally or knowingly causes the penetration of a sexual organ of another person or child, by any means, without that person’s consent; OR
- Intentionally or knowingly causes the penetration of the mouth of another person or child by the sexual organ of the actor, without that person’s consent;
AND
The person:
- Causes serious bodily injury or attempts to cause the death of the victim;
- By acts or words places the victim in fear that any person will become the victim of serious bodily injury, murder, kidnapping, or human trafficking; OR
- Uses a deadly weapon in the commission of the offense.
Here, it is alleged that the Katy are man had access and exposure to children whom he sexually assaulted. The Fort Bend County District Attorney’s Office goes on to note that three children were rescued from the Defendant, and they have reason to believe that there are more victims who have yet to come forward.
Punishment for Aggravated Sexual Assault
The Texas Penal Code qualifies Aggravated Sexual Assault as a First-Degree Felony, carrying a range of punishment of 5-99 years in a Texas Prison and up to a $10,000 fine. It is also a requirement upon conviction that the Defendant register as a sex offender for the rest of their life.
What is Super Aggravated Sexual Assault?
The Texas Penal Code makes an exception to the range of punishment for certain offenses involving children, Aggravated Sexual Assault being one of them. Super Aggravated Sexual Assault is like Aggravated Sexual Assault in that it involves the intentional penetration of the sexual organ of another without their consent, however the victim in these cases are children under the age of 14. A Defendant will be charged with Super Aggravated Sexual Assault of a child in texas if the victim is under the age of 6 years old, or the victim is under the age of 14 and the Defendant has a previous conviction for sexual assault of a child.
The punishment range of Super Aggravated Sexual Assault of a Child is enhanced to a minimum of 25 years in prison, a maximum of life, and up to a $10,000 fine. Like Continuous Sexual Abuse of a Minor, the Defendant is not eligible for “early release” or parole, and must serve the entire sentence. Plainly stated, if you are sentenced to any amount of years for this crime, you must serve all of them before being released. Further, upon being released from prison, the Defendant must also register as a sex offender for the rest of their life.
Accused of a Sex Crime in Houston?
Call Jack B. Carroll & Associates. 713-228-4607
If you have been charged or are under investigation for Aggravated or Super Aggravated Assault of a child, contact our office immediately for a thorough case review. Time is of the essence in these types of cases, as many times, an experienced attorney can prevent charges from being filed. Take a look at our Case Results and call 713-228-4607 to speak with one of our attorneys today.
Link to story: https://www.chron.com/neighborhood/katy/news/article/Katy-man-arrested-for-alleged-super-15251001.php