Probation is one of the first questions people ask after a child sex allegation in Texas. The honest answer is that it depends on the specific charge, the age of the child, and which decision-maker is involved. Texas treats these cases differently from almost any other, and the rules have changed over the years. This page explains the general framework. It is general information, not legal advice, and every case turns on its own facts.
Two Kinds of Probation in Texas
Texas law calls probation “community supervision,” and there are two forms:
- Deferred adjudication. The defendant pleads guilty or no contest, but the judge does not enter a finding of guilt. If the person completes the terms, the case is dismissed without a conviction. For sex offenses, deferred still carries serious consequences, including registration in many cases.
- Regular (straight) community supervision. The court assesses a sentence of 10 years or less, then suspends it and places the person on supervision instead of sending them to prison.
Whether either is even available depends on the offense and on who is deciding.
What the Offenses Carry
Sexual assault of a child (Texas Penal Code §22.011) is a second-degree felony. A conviction carries 2 to 20 years in prison and a fine of up to $10,000. For this offense, a “child” is a person younger than 17.
Aggravated sexual assault (Texas Penal Code §22.021) is a first-degree felony, punishable by 5 to 99 years or life and a fine of up to $10,000. The offense is “aggravated” when, for example, the victim is younger than 14, serious bodily injury is caused, a deadly weapon is used or exhibited, the victim is threatened, or certain drugs are used. Under §22.021(f), the minimum sentence rises to 25 years when the victim is younger than 10, or younger than 14 in cases involving an aggravating factor. Texas raised that first age from 6 to 10 in HB 1422, effective September 1, 2025; the under-6 rule still applies to offenses from before that date.
A conviction for these offenses requires sex offender registration.
Can a Judge Order Regular Probation?
No. Under Code of Criminal Procedure Article 42A.054, a judge may not place a person on regular community supervision after a conviction for indecency with a child, sexual assault, aggravated sexual assault, continuous sexual abuse of a child, sexual performance by a child, or possession or promotion of child sexual abuse material. That bar applies regardless of the child’s age. Straight, judge-ordered probation is off the table for these offenses.
Can a Jury Recommend Probation?
Sometimes, in a narrow window. Under Articles 42A.055 and 42A.056, a jury can recommend community supervision only if the defendant has no prior felony conviction and the assessed sentence is 10 years or less. Even then, a jury may not recommend probation for indecency with a child, sexual assault, or aggravated sexual assault when the victim was younger than 14, and never for sexual performance by a child. As a practical matter, a jury recommendation is possible only where the child was 14 or older, the sentence is 10 years or less, and the person has no prior felony.
What About Deferred Adjudication?
Deferred adjudication is the path that most often remains open. Under Article 42A.102, a judge may place a person charged with indecency with a child, sexual assault, or aggravated sexual assault on deferred adjudication, regardless of the child’s age, but only after finding in open court that doing so is in the best interest of the victim.
Deferred is not available in several situations: when the person has already been on community supervision for one of these offenses, when the charge is continuous sexual abuse of a child, or when the charge is aggravated sexual assault punishable under §22.021(f) (the 25-year-minimum circumstances) or as a repeat offense.
So “no probation at all” is too simple. A judge cannot order regular probation, but deferred adjudication, and in narrow cases a jury recommendation, can still be on the table depending on the charge and the facts.
Repeat Offenses
A prior conviction can change everything. Under Penal Code §12.42, a second conviction for certain sex offenses against a child can carry an automatic life sentence, and parole eligibility for these offenses is sharply limited. This is one reason the response to a first charge matters so much.
The “Romeo and Juliet” Defense
Texas recognizes a limited affirmative defense to sexual assault of a child under §22.011(e). It can apply when the accused was no more than three years older than the other person, the other person was at least 14, the accused was not required to register for life as a sex offender, and the accused had no prior reportable conviction for a child sex offense. It applies to sexual assault of a child, not to aggravated sexual assault.
How These Cases Are Defended
In every criminal case, the accused is presumed innocent, and the State must prove each element of the offense beyond a reasonable doubt. A defense attorney’s job is to hold the State to that burden. That can mean challenging whether a search or seizure was lawful, examining how digital evidence was collected and handled, testing the reliability of statements and interviews, and making sure the rules of evidence are followed. False allegations do occur, and where the facts support it, the defense investigates how an accusation arose. The goal is a case decided on reliable evidence, with the accused’s rights protected at every stage.
If You Are Facing a Child Sex Charge
These are among the most serious cases in Texas law, and the early decisions matter. Do not speak with investigators before talking to a lawyer.
Kent Starr defends sex crime allegations in Collin County and across North Texas. To talk through how a case like yours generally proceeds, call (214) 982-1408 for a free, confidential consultation. Learn more about sex crime defense.
This article is general information about Texas law and is not legal advice. Laws change and every case is different. Consult a qualified attorney about your situation.