How is Indecent Assault Different from Sexual Assault in Texas?

 Posted on December 10, 2024 in Criminal Defense

A Kentucky man was recently arrested after allegedly sexually assaulting a mentally incapacitated resident at a Texas assisted living facility in Wylie. The 58-year-old man is facing charges of aggravated sexual assault and indecent assault. The alleged sexual assault was captured on a security camera installed in the victim’s room by her roommate’s family.

When reviewing the video, the roommate’s family member observed a male engaging in a sexual act with the other resident. Staff members from the facility were immediately contacted; they, in turn, contacted Wylie police. While the facility is fully cooperating with the investigation, the family of the victim removed her from the home. At this point in the investigation, it is not believed there are other victims.

Sexual assault, aggravated sexual assault, and indecent assault are all very serious sex crimes, with harsh penalties and the potential of being placed on the sexual offender registry. If you are facing sexual assault charges of any type, the outcome of your charges could hinge on whether you have a highly experienced Cooke County, TX sexual assault lawyer from Magaña & Van Dyke.  

What Are the Differences Between Sexual Assault, Aggravated Sexual Assault, and Indecent Assault in Texas?

Sexual assault is one of the most serious crimes under Texas law. Non-consensual, unwanted sexual contact against another person that involves penetration constitutes sexual assault. Non-consensual means there was a lack of consent on the part of one party. Lack of consent can include physical force, manipulation, coercion, and threats of violence.

 Sexual assault is usually charged as a second-degree felony. In many cases, there is little or no physical evidence to support sexual assault allegations, making the case hinge on the word of the alleged victim. Aggravated sexual assault is sexual assault that involves additional circumstances. These circumstances include:

• Serious bodily injury resulted from the sexual assault.
• A deadly weapon was used during the sexual assault.
• The sexual assault was committed against a child or an elderly or disabled individual.

Aggravated sexual assault is usually charged as a first-degree felony. Indecent assault is the lesser of the three crimes. It is a criminal offense under the Texas indecent assault law to touch or expose certain body parts (of the defendant or the alleged victim) without explicit permission to do so. This law also makes it illegal to share bodily fluids with another person without that person’s consent.

The crime of indecent assault lands somewhere between assault and sexual assault. No penetration is required as it is under sexual assault laws, but it is a more serious offense than the "offensive touching" required under assault laws. Indecent assault can be charged as a Class A misdemeanor or a state jail felony.

What Are the Penalties for Sexual Assault, Aggravated Sexual Assault, and Indecent Assault?

Sexual assault is a second-degree felony, with potential prison time from two to 20 years. If the sentence is 10 years or more, there is no probation. Deferred adjudication is possible, depending on the circumstances. A conviction for sexual assault requires lifetime registration as a sex offender.

Aggravated sexual assault is a first-degree felony, with potential prison time from five to 99 years. If the victim is younger than 14 or the sentence is 10 years or more, no probation is allowed for this offense. Deferred adjudication is not allowed, and a conviction for aggravated sexual assault requires lifetime registration as a sex offender.

Penalties for indecent assault depend on whether it is charged as a Class A misdemeanor or a state jail felony. A Class A misdemeanor conviction can result in up to a year in jail and/or a fine as large as $4,000. A state jail felony conviction results in 180 days to two years in jail and a fine as large as $10,000.

Contact a Denton County, TX Sexual Assault Lawyer

If you have been charged with sexual assault, aggravated sexual assault, or indecent assault, it is extremely important that you seek knowledgeable legal representation from a Cooke County, TX sexual assault attorney. When you choose Magaña & Van Dyke, you are not just another criminal defendant. We will use every tool in our considerable arsenal to protect your rights, your freedom, and your future. Call 940-382-1976 to schedule your free consultation. Se Habla Espanol.