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The 30-Day Rule for Continuous Sexual Abuse in Texas
Understand the time-period and qualifying-act requirements for continuous sexual abuse under Texas Penal Code 21.02.
In short: Texas continuous sexual abuse requires at least two qualifying acts during a period of 30 or more days. Multiple allegations alone do not eliminate that duration requirement. The types of acts, the relevant ages or disability status and the period must all be analyzed.
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Does any repeated misconduct qualify?
No. Section 21.02(c) specifies qualifying acts of sexual abuse. Counsel should compare each alleged act to that list, including its limitations, rather than assume every sexual allegation can support the continuous offense.
How should an uncertain date range be reviewed?
Build a chronology using the allegation and independent records. Distinguish a witness’s estimate from a documented date. Uncertainty does not automatically defeat the case, but the State still must prove the statutory duration and required acts.
What records may help establish the timeline?
School calendars, residence records, work schedules and travel documents may be relevant when obtained lawfully. Their value depends on what they actually establish about time and opportunity. Preserve originals and avoid contacting a child to reconstruct the account yourself.
A practical example and questions for counsel
Hypothetical example: Suppose several acts are alleged but all documented dates fall within a short interval. Counsel should not assume the count of allegations establishes the 30-day duration. Conversely, a broadly stated period does not by itself prove that two qualifying acts occurred within it. Put the alleged acts and supporting dates on the same timeline, mark estimates and examine age or status at each relevant point. The review should test both the duration and the qualifying nature of the conduct.
How this fits Texas law
Section 21.02 addresses two or more qualifying acts over a period lasting at least 30 days. The actor must be at least 17 at each act, and the victim must meet the statute’s under-14 or disabled-individual requirement. This first-degree offense carries 25 to 99 years or life. Its elements and special rules differ from a single alleged sexual offense.
How do I get started?
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Last updated October 2026
Common questions
Does any repeated misconduct qualify?
No.
How should an uncertain date range be reviewed?
Build a chronology using the allegation and independent records.
What records may help establish the timeline?
School calendars, residence records, work schedules and travel documents may be relevant when obtained lawfully.
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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.