§ 22.011. SEXUAL ASSAULT. (a) A person commits an
offense if the person:
(1) intentionally or knowingly:
(A) causes the penetration of the anus or sexual
organ of another person by any means, without that person's
consent;
(B) causes the penetration of the mouth of
another person by the sexual organ of the actor, without that
person's consent; or
(C) causes the sexual organ of another person,
without that person's consent, to contact or penetrate the mouth,
anus, or sexual organ of another person, including the actor; or
(2) intentionally or knowingly:
(A) causes the penetration of the anus or sexual
organ of a child by any means;
(B) causes the penetration of the mouth of a
child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact
or penetrate the mouth, anus, or sexual organ of another person,
including the actor;
(D) causes the anus of a child to contact the
mouth, anus, or sexual organ of another person, including the
actor; or
(E) causes the mouth of a child to contact the
anus or sexual organ of another person, including the actor.
(b) A sexual assault under Subsection (a)(1) is without the
consent of the other person if:
(1) the actor compels the other person to submit or
participate by the use of physical force or violence;
(2) the actor compels the other person to submit or
participate by threatening to use force or violence against the
other person, and the other person believes that the actor has the
present ability to execute the threat;
(3) the other person has not consented and the actor
knows the other person is unconscious or physically unable to
resist;
(4) the actor knows that as a result of mental disease
or defect the other person is at the time of the sexual assault
incapable either of appraising the nature of the act or of resisting
it;
(5) the other person has not consented and the actor
knows the other person is unaware that the sexual assault is
occurring;
(6) the actor has intentionally impaired the other
person's power to appraise or control the other person's conduct by
administering any substance without the other person's knowledge;
(7) the actor compels the other person to submit or
participate by threatening to use force or violence against any
person, and the other person believes that the actor has the ability
to execute the threat;
(8) the actor is a public servant who coerces the other
person to submit or participate;
(9) the actor is a mental health services provider or a
health care services provider who causes the other person, who is a
patient or former patient of the actor, to submit or participate by
exploiting the other person's emotional dependency on the actor;
(10) the actor is a clergyman who causes the other
person to submit or participate by exploiting the other person's
emotional dependency on the clergyman in the clergyman's
professional character as spiritual adviser; or
(11) the actor is an employee of a facility where the
other person is a resident, unless the employee and resident are
formally or informally married to each other under Chapter 2,
Family Code.
(c) In this section:
(1) "Child" means a person younger than 17 years of age
who is not the spouse of the actor.
(2) "Spouse" means a person who is legally married to
another.
Text of subsec. (c)(3) effective until February 1, 2004
(3) "Health care services provider" means:
(A) a physician licensed under Subtitle B, Title
3, Occupations Code;
(B) a chiropractor licensed under Chapter 201,
Occupations Code;
(C) a licensed vocational nurse licensed under
Chapter 302, Occupations Code;
(D) a physical therapist licensed under Chapter
453, Occupations Code;
(E) a physician assistant licensed under Chapter
204, Occupations Code; or
(F) a registered nurse or an advanced practice
nurse licensed under Chapter 301, Occupations Code.
Text of subsec. (c)(3) effective February 1, 2004
(3) "Health care services provider" means:
(A) a physician licensed under Subtitle B, Title
3, Occupations Code;
(B) a chiropractor licensed under Chapter 201,
Occupations Code;
(C) a physical therapist licensed under Chapter
453, Occupations Code;
(D) a physician assistant licensed under Chapter
204, Occupations Code; or
(E) a registered nurse, a vocational nurse, or an
advanced practice nurse licensed under Chapter 301, Occupations
Code.
(4) "Mental health services provider" means an
individual, licensed or unlicensed, who performs or purports to
perform mental health services, including a:
(A) licensed social worker as defined by Section
505.002, Occupations Code;
(B) chemical dependency counselor as defined by
Section 504.001, Occupations Code;
(C) licensed professional counselor as defined
by Section 503.002, Occupations Code;
(D) licensed marriage and family therapist as
defined by Section 502.002, Occupations Code;
(E) member of the clergy;
(F) psychologist offering psychological services
as defined by Section 501.003, Occupations Code; or
(G) special officer for mental health assignment
certified under Section 1701.404, Occupations Code.
(5) "Employee of a facility" means a person who is an
employee of a facility defined by Section 250.001, Health and
Safety Code, or any other person who provides services for a
facility for compensation, including a contract laborer.
(d) It is a defense to prosecution under Subsection (a)(2)
that the conduct consisted of medical care for the child and did not
include any contact between the anus or sexual organ of the child
and the mouth, anus, or sexual organ of the actor or a third party.
(e) It is an affirmative defense to prosecution under
Subsection (a)(2) that:
(1) the actor was not more than three years older than
the victim and at the time of the offense:
(A) was not required under Chapter 62, Code of
Criminal Procedure, as added by Chapter 668, Acts of the 75th
Legislature, Regular Session, 1997, to register for life as a sex
offender; or
(B) was not a person who under Chapter 62 had a
reportable conviction or adjudication for an offense under this
section; and
(2) the victim was a child of 14 years of age or older.
(f) An offense under this section is a felony of the second
degree.