According to ABC-13 News in Houston, the Houston Police Department and Crime Stoppers are currently asking for the public’s help in locating a fugitive charged with Continuous Sexual Abuse of a Child. This first-degree felony is unique, as it carries a special range of punishment due to the severity of the offense. As is the case with most sexual assault investigations, the police department received a tip from someone the victim notified that they were being abused. This “outcry witness” is typically the first point of contact during police investigations, as their statement is what sets the investigation in motion.
In this case, Detectives claim that the victim’s statement was confirmed, and that there is evidence that the sexual abuse took place back in June of 2017. There is no Statute of Limitations when it comes to Continuous Sexual Abuse of a Child, so despite the fact that it has been several years since the abuse took place, the warrant is still active.
Law
According to the Texas Penal Code (https://statutes.capitol.texas.gov/docs/pe/htm/pe.21.htm) a person commits the offense of Continuous Sexual Abuse of a Minor if:
- A person over the age of 17;
- Commits two or more “Sexual Acts” within a 30 day period;
- Against a victim under the age of 14;
The “Sexual Acts” triggering the second prong of the Penal Code Test can be any sexual offense outlined in the Texas Penal Code, including:
- Sexual Assault of a Child
- Aggravated Sexual Assault of a Child
- Indecency with a Child
- Indecency with a child only triggers the second prong of the penal code test if it involves the actor touching the genitals of the child, not merely the child’s breasts.
- Sexual Performance by a Child
- Burglary of a Habitation with the Intent to Commit Sexual Assault of a Child
In order to be convicted of Continuous Sexual Abuse of a Child, a person must either plead guilty to the offense, or be found guilty by a jury beyond a reasonable doubt. However, during a jury trial, a jury does not have to agree on the exact type of sexual abuse nor the exact dates that the acts of sexual abuse occurred. In order to be found guilty, a jury need only find that two acts of sexual abuse occurred within a 30 day period.
Range of Punishment
Continuous Sexual Abuse of a Child is a First-Degree Felony, but carries a special range of punishment due to the severity of the offense. Unlike other sex-crimes, neither Deferred Adjudication nor Probation is eligible to a Defendant who pleads guilty to the offense of Continuous Sexual Assault of a Child. This means that the only punishment a Defendant can receive is prison time.
Unlike a normal First-Degree felony, carrying a range of punishment of 5-99 years in prison, the Texas Penal Code enhances the punishment for the crime of Continuous Sexual Abuse of a Child to a minimum of 25 years in prison with a maximum of life in prison. A $10,000 fine can also be assessed. To take this punishment even further, the code also goes on to note that early release or “parole” is not available to those convicted of this crime. Plainly stated, if you are sentenced to any amount of years for this crime, you must serve all of them before being released. Upon release, it will be a condition to register as a sex offender for the remainder of your life.
Contact Us
If you have been charged or are under investigation for Continuous Sexual Abuse 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 ever being filed. Take a look at our Case Results and call 713-228-4607 to speak with one of our attorney’s today.