| (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.
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