Sexual Coercion

Chapter 21 of the Texas Penal Code sets restrictions and guidelines regarding sexually based offenses in the state of Texas.

“Sexual Coercion”, as per § 21.18 of the Texas Penal Code, occurs when a person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02, 21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021 to obtain, in return for not committing the threatened offense or in connection with the threatened offense, any of the following benefits:

  • intimate visual material;
  • an act involving sexual conduct causing arousal or gratification; or
  • a monetary benefit or other benefit of value.

Or if a person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to obtain, in return for not committing the threatened offense or in connection with the threatened offense, either of the following benefits:

  • intimate visual material; or
  • an act involving sexual conduct causing arousal or gratification.

An offense under this section is a state jail felony and is punishable by confinement in a state jail for a period ranging 180 days to 2 years, as well as a fine of up to $10,000, unless the defendant has been previously convicted of the same charge, in which case it is a third degree felony and is punishable by a term of imprisonment for period ranging 2-10 years, as well as a fine of up to $10,000.

Punishment Range

State Jail Felony

  • Confinement in a state jail for not more than two years and not less than 180 days
  • In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years
  • In addition to imprisonment, may receive a fine not to exceed $10,000

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