Sec. 25.02. PROHIBITED SEXUAL CONDUCT. (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.
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.
Structure Texas Statutes
Title 6 - Offenses Against the Family
Chapter 25 - Offenses Against the Family
Section 25.02. Prohibited Sexual Conduct
Section 25.03. Interference With Child Custody
Section 25.031. Agreement to Abduct From Custody
Section 25.04. Enticing a Child
Section 25.05. Criminal Nonsupport
Section 25.06. Harboring Runaway Child
Section 25.071. Violation of Protective Order Preventing Offense Caused by Bias or Prejudice
Section 25.08. Sale or Purchase of Child
Section 25.081. Unregulated Custody Transfer of Adopted Child
Section 25.09. Advertising for Placement of Child
Section 25.10. Interference With Rights of Guardian of the Person