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Jury Unanimity in Texas Continuous Sexual Abuse Cases
Learn what Texas jurors must agree on in a continuous sexual abuse case and how section 21.02 treats specific acts and dates.
In short: Under section 21.02(d), jurors must unanimously agree that the defendant committed two or more qualifying acts during a period of at least 30 days. They need not unanimously identify the same specific acts or exact dates. That rule does not remove the State’s burden to prove the offense.
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Does the statute permit a nonunanimous guilty verdict?
No. It specifies the proposition on which the jury must unanimously agree. The distinction concerns agreement on individual acts and dates, not permission to convict without the required unanimous finding.
Why do individual allegations still matter?
They supply the evidence from which the required finding is sought. Counsel should examine reliability, qualifying conduct and timing for each allegation even though the statute does not demand agreement on the same particular acts.
What should be reviewed before trial?
Counsel should compare the indictment, proposed jury instructions and evidence with section 21.02. Questions about the charge should be raised through the proper procedure. A simplified online description cannot determine whether a particular jury instruction is legally correct.
A practical example and questions for counsel
Hypothetical example: Suppose different witnesses describe different incidents. The unanimity rule does not mean counsel can ignore inconsistencies between those descriptions. It means the legal question about the jury’s agreement must be framed at the level specified by section 21.02(d). Counsel still tests whether the evidence supports the required number of qualifying acts and duration. A clear trial-preparation chart can separate disputes about a particular account from objections to how the jury is being instructed to make its ultimate finding.
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.
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Last updated October 2026
Common questions
Does the statute permit a nonunanimous guilty verdict?
No.
Why do individual allegations still matter?
They supply the evidence from which the required finding is sought.
What should be reviewed before trial?
Counsel should compare the indictment, proposed jury instructions and evidence with section 21.02.
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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.