An affiliate of Martine Law, serving Texas, Minnesota, North Carolina and New Jersey. In Texas, legal services are provided by Texas Criminal Defense Attorneys PLLC, 325 N St. Paul Street, Suite 3129, Dallas, TX 75201.
Continuous Sexual Abuse and Overlapping Texas Charges
Explore Texas limits on overlapping convictions and multiple counts in continuous sexual abuse cases under Penal Code 21.02.
In short: Section 21.02 contains specific restrictions on certain overlapping convictions in the same criminal action and on multiple continuous-abuse counts involving a single victim. These rules have exceptions and should be applied to the actual dates, victims and counts, not assumed to dismiss every related charge.
Explore this page 9 sections
Can an individual offense be charged in the alternative?
Yes. Section 21.02(e) expressly addresses alternative charging, offenses outside the alleged period and lesser-included offenses. The relationship between counts must be reviewed before concluding that two allegations are legally incompatible.
Does one victim permit unlimited continuous-abuse counts?
No. Subsection (f) limits more than one count under subsection (b) when all the specific acts alleged involve a single victim. Counsel should examine exactly how the prosecution has divided its allegations.
How can the charging review be organized?
List each count, its alleged victim, date range and conduct. Mark overlaps without assuming that factual overlap alone resolves the legal issue. The resulting chart helps counsel analyze the statutory restrictions and any additional constitutional questions.
A practical example and questions for counsel
Hypothetical example: Suppose an indictment includes a continuous-abuse count and an individual sexual-offense count concerning the same victim. Counsel should first compare the alleged dates and whether the individual count is alternative, outside the continuous period or potentially lesser included. The mere presence of both counts does not answer whether both convictions would be permitted. Keep the charging question separate from the ultimate conviction question. Section 21.02’s specific restrictions should be addressed with the actual count language rather than a general claim that overlapping facts always require dismissal.
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?
The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013. Phones are answered 24/7, with AI covering when no staff is free.
Last updated October 2026
Common questions
Can an individual offense be charged in the alternative?
Yes.
Does one victim permit unlimited continuous-abuse counts?
No.
How can the charging review be organized?
List each count, its alleged victim, date range and conduct.
Protecting Good People During Hard Times
Do not wait for your court date to get help. Call (214) 239-2013.
Phones are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.