40 Tex. Admin. Code § 707.457 - What is sexual abuse?

(a) Sexual abuse is a subset of the statutory definitions of abuse that appear in Texas Family Code § 261.001(1) and includes the following acts or omissions by a person:

(1) Sexual conduct harmful to a child's mental, emotional, or physical welfare, including:

(A) Conduct that constitutes the offense of continuous sexual abuse of young child or disabled individual under § 21.02, Penal Code;

(B) Indecency with a child under § 21.11, Penal Code;

(C) Sexual assault under § 22.011, Penal Code; or

(D) Aggravated sexual assault under § 22.021, Penal Code;

(2) Failure to make a reasonable effort to prevent sexual conduct harmful to a child;

(3) Compelling or encouraging the child to engage in sexual conduct as defined by § 43.01, Penal Code, including compelling or encouraging the child in a manner that constitutes an offense of:

(A) Trafficking of persons under § 20A.02(a)(7) or (8), Penal Code;

(B) Solicitation of prostitution under § 43.021, Penal Code; or

(C) Compelling prostitution under § 43.05(a)(2), Penal Code;

(4) Causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child if the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene as defined by § 43.21, Penal Code, or pornographic; or

(5) Causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child as defined by § 43.25, Penal Code.

(b) In this section, the following terms have the following meanings:

(1) "Causing, permitting, encouraging, engaging in, or allowing the photographing...." is a condition of the statutory definition of sexual abuse. It is met even if the child participates voluntarily.

(2) "Compelling or encouraging the child to engage in sexual conduct...." is a condition of the statutory definition of sexual abuse. It is met whether the child actually engages in sexual conduct or simply faces a substantial risk of doing so.

(3) "Pornographic" or "pornography" means material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct in accordance with Texas Penal Code § 43.26.

(4) "Sexual conduct harmful to a child's mental, emotional or physical welfare" includes but is not limited to rape; incest; sodomy; inappropriate touching of the child's anus, breast, or genitals, including touching under or on top of the child's clothing; deliberately exposing one's anus, breast, or any part of the genitals to a child; touching the child in a sexual manner or directing sexual behavior towards the child; showing pornography to a child; encouraging a child to watch or hear sexual acts; compelling, encouraging, or permitting a child to engage in prostitution; watching a child undress, shower, or use the bathroom with the intent to arouse or gratify one's sexual desire; voyeurism; sexually oriented acts, which may or may not include sexual contact or touching with intent to arouse or gratify the sexual desire of any person; and any sexually oriented act or practice that would cause a reasonable child under the same circumstance to feel uncomfortable or intimidated or that results in harm or substantial risk of harm to a child's growth, development, or psychological functioning.

(c) For purposes of subsection (a)(1)(A) of this section, we will investigate conduct that constitutes continuous sexual abuse of a child as long the child is under 18 years of age and regardless of any disabilities the child may have.

Notes

40 Tex. Admin. Code § 707.457

Adopted by Texas Register, Volume 45, Number 28, July 10, 2020, TexReg 4781, eff. 7/15/2020; Amended by Texas Register, Volume 47, Number 38, September 23, 2022, TexReg 6250, eff. 9/22/2022