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Texas Aggravated Sexual Assault: The 25-Year Minimum
When does Texas impose a 25-year minimum for aggravated sexual assault? Understand section 22.021(f) and the importance of age and allegations.
In short: Section 22.021(f) increases the minimum to 25 years when the victim was under 10, or was under 14 and the offense involved a circumstance listed in subsection (a)(2)(A). This is not the minimum for every aggravated sexual assault allegation.
Explore this page 9 sections
Which age is relevant?
The statute uses age at the time of the offense. Where an allegation spans dates, counsel should examine the asserted dates and reliable age records rather than calculate from the date of arrest or trial.
Does every case involving a victim under 14 trigger it?
No. For the under-14 route, subsection (f)(2) also requires the specified manner of commission. The under-10 route is separately stated. These provisions should not be collapsed into one broad age rule.
What else can affect punishment?
Other applicable enhancements and sentencing provisions may matter. Ask counsel to identify the exact statutory basis for each claimed minimum and maximum. This review should distinguish the base offense classification from special minimums and individualized sentencing possibilities.
A practical example and questions for counsel
Hypothetical example: Suppose a charge alleges conduct when the victim was 12. Age may support the aggravated-offense route, but the special 25-year minimum requires the additional subsection (f) analysis. Counsel should identify whether an (a)(2)(A) circumstance is alleged and supported, rather than assume every under-14 case shares the same minimum. A written sentencing worksheet should show the base offense, special minimum, possible enhancements and source for each. That makes an unexplained difference between two quoted ranges easier to resolve.
How this fits Texas law
Section 22.021 combines specified sexual conduct with an aggravating circumstance. These can concern the alleged conduct, the victim’s age or a legally defined protected status. It is a first-degree felony, and subsection (f) imposes a 25-year minimum in specified child cases. The precise allegation and offense date must be checked before applying a penalty summary.
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Last updated October 2026
Common questions
Which age is relevant?
The statute uses age at the time of the offense.
Does every case involving a victim under 14 trigger it?
No.
What else can affect punishment?
Other applicable enhancements and sentencing provisions may matter.
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This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.