Tex. Penal Code § 25.02 · Chapter 25. OFFENSES AGAINST THE FAMILY
PROHIBITED SEXUAL CONDUCT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person commits an offense if the person engages in sexual intercourse or deviate sexual intercourse with another person the actor knows to be, without regard to legitimacy:
(1) the actor's ancestor or descendant by blood or adoption;
(2) the actor's current or former stepchild or stepparent;
(3) the actor's parent's brother or sister of the whole or half blood;
(4) the actor's brother or sister of the whole or half blood or by adoption;
(5) the children of the actor's brother or sister of the whole or half blood or by adoption; or
(6) the son or daughter of the actor's aunt or uncle of the whole or half blood or by adoption.
(b) For purposes of this section:
(1) "Deviate sexual intercourse" means any contact between the genitals of one person and the mouth or anus of another person with intent to arouse or gratify the sexual desire of any person.
(2) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.
(c) An offense under this section is a felony of the third degree, unless the offense is committed under Subsection (a)(1), in which event the offense is a felony of the second degree.
Notes and commentary — not statutory text
History
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 4.04, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 673 (H.B. 2385), Sec. 1, eff. September 1, 2009.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm
- Text hash
- sha256 9de9d9c403910b44a21d1932c3eeff92a3cccf6302f34a6f45f17e69020e219c
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 20 provisions
Provisions in this library whose text cites Tex. Penal Code § 25.02. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 15.051POLYGRAPH EXAMINATION OF COMPLAINANT PROHIBITED.Printed as Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code
- Tex. Code Crim. Proc. art. 42A.054LIMITATION ON JUDGE-ORDERED COMMUNITY SUPERVISION.Printed as Section 21.02, 21.03, 21.11, 22.011, 22.021, or 25.02, Penal Code
- Tex. Code Crim. Proc. art. 42A.453CHILD SAFETY ZONE.Printed as Section 21.08, 21.11, 22.011, 22.021, or 25.02, Penal Code
- Tex. Code Crim. Proc. art. 42A.653ADDITIONAL MONTHLY FINE FOR CERTAIN SEX OFFENDERS.Printed as Section 21.08, 21.11, 22.011, 22.021, 25.02, 43.25, or 43.26, Penal Code
- Tex. Code Crim. Proc. art. 58.051DEFINITIONS.Printed as Section 21.02, 21.11, or 25.02, Penal Code
- Tex. Code Crim. Proc. art. 62.054CIRCUMSTANCES REQUIRING NOTICE TO SUPERINTENDENT OR SCHOOL ADMINISTRATOR.Printed as Section 25.02, Penal Code
Family Code
- Tex. Fam. Code § 33.009OTHER REPORTS OF SEXUAL ABUSE OF A MINOR.Printed as Section 21.02, 22.011, 22.021, or 25.02, Penal Code
- Tex. Fam. Code § 33.010CONFIDENTIALITY.Printed as Section 21.02, 22.011, 22.021, or 25.02, Penal Code
- Tex. Fam. Code § 153.004HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE.Printed as Section 21.02, 22.011, 22.021, or 25.02, Penal Code
- Tex. Fam. Code § 154.001SUPPORT OF CHILD.Printed as Section 21.02, 22.011, 22.021, or 25.02, Penal Code
- Tex. Fam. Code § 161.007TERMINATION WHEN PREGNANCY RESULTS FROM CRIMINAL ACT.Printed as Section 21.02, 22.011, 22.021, or 25.02, Penal Code
Government Code
- Tex. Gov't Code § 23.101PRIMARY PRIORITIES.Printed as Section 25.02, Penal Code
- Tex. Gov't Code § 420.003DEFINITIONS.Printed as Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code
- Tex. Gov't Code § 508.187CHILD SAFETY ZONE.Printed as Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code
- Tex. Gov't Code § 508.189PAROLE FEE FOR CERTAIN RELEASEES.Printed as Section 21.02, 21.03, 21.08, 21.11, 22.011, 22.021, 25.02, 43.25, or 43.26, Penal Code
Health and Safety Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.