Enhanced Sentencing for Continuous Sexual Abuse of Young Child in Texas
In 2007 Texas enacted "Jessica's Law" to require enhanced sentencing upon conviction in certain cases involving ongoing or continuous sexual abuse and relaxes jury requirements.

March 19, 2010 /24-7PressRelease/ -- Enhanced Sentencing for Continuous Sexual Abuse of Young Child in Texas

Lawmakers have long had to balance defendants' liberty interests and constitutional rights against electorate fear over sexual offender recidivism rates. In 2005, Jessica Lunsford, a nine-year old girl from Florida, was kidnapped, raped and buried alive. The perpetrator was a convicted sex offender.

In the wake of this offense, the Texas legislature in 2007 enacted the Continuous Sexual Abuse of Young Child or Children statute, commonly referred to as Jessica's Law. Section 21.02 of the Texas Penal Code requires enhanced sentencing upon conviction in certain cases involving ongoing or continuous sexual abuse and relaxes jury requirements.

What the Law Says

The law states that a person commits an offense if:
-During a period that is 30 days or more in duration, to commit two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and
-At the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age.

Sexual abuse includes:
-Molestation
-Penetration
-Compelling sexual performance
-Indecent exposure or compelling indecent exposure

In addition to these acts, however, sexual abuse also includes burglary and kidnapping with the intent to abuse victims sexually, regardless of whether such abuse actually transpires.

How the Law Is Applied

Note that the law does not require proof of any prior conviction or even a prior charge. The legislature essentially created a new baseline for handling these cases. In contrast to repeat offender statutes, this deals with repeat allegations. That is, allegations alone are sufficient under the statute, as opposed, for example, to the Penalties for Repeat and Habitual Offenders law, which makes prior final convictions a prerequisite to eligibility under section 12.42 of the Texas Penal Code.

In addition, district attorneys have formed teams to handle these cases. These are specialized teams, focused on expeditious prosecution of a higher volume of child sexual assault cases.

Furthermore, the law does not require the members of the jury to agree unanimously on the date that the sexual abuse occurred, or even which acts of sexual abuse were committed. As this is a course of conduct statute, the jury need only unanimously agree that the defendant, during a period of 30 days or longer, committed two or more acts of sexual abuse.

There is no statute of limitations for prosecuting the offense of Continuous Sexual Abuse of Young Child or Children. A defendant may be indicted at any time, without limitation, after the acts allegedly occurred. The combined effect of the specially allotted resources, the relaxed jury standards and the lack of any statute of limitation for this offense may result in prosecution of and even conviction in cases that would not or could not have previously been brought.

How the Law Affects Sentencing

Continuous Sexual Abuse of Young Child or Children is a first-degree felony. Although most first-degree felonies in Texas (with the exception of capital murder), are punishable by a term of five to 99 years in prison, conviction of the continuous sexual abuse law carries a sentence of 25 to 99 years. While most first-degree felony sentences can be probated if less than 10 years, sentences for continuous sexual abuse cannot be probated. The minimum sentence upon conviction for continuous sexual abuse is 25 years in prison.

What To Do If You Are Charged

Some people believe that their innocence alone is adequate insurance that they will prevail. As discussed above:
-The Continuous Sexual Abuse of Young Child or Children law allows prosecutors to leapfrog prior conviction or charge requirements
-Specialized teams have been formed to expedite and increase the number of prosecutions under the statute
-There is no statute of limitations for the continuous sexual abuse offense
-The mandatory minimum sentence upon conviction is 25 years in prison and there is no probate eligibility

With so much on the line, it is important to protect your rights and seek counsel immediately.

Remember that you have the right to remain silent. Do not waive this right. Do not take a polygraph test. Contact an experienced attorney as soon as possible.

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