# 26 Tex. Admin. Code § 711.13: 26 TAC § 711.13. How is sexual abuse defined? > Texas · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C711_S711_13 ## Section - **Citation:** 26 Tex. Admin. Code § 711.13 - **Heading:** 26 TAC § 711.13. How is sexual abuse defined? - **Jurisdiction:** Texas - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Texas Administrative Code / Title 26 HEALTH AND HUMAN SERVICES / Part 1 HEALTH AND HUMAN SERVICES COMMISSION / Chapter 711 INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS / 26 TAC § 711.13 ## Text (a) In this chapter, when the alleged perpetrator is a direct provider, sexual abuse is defined as any sexual activity, including but not limited to: (1) kissing an individual receiving services with sexual intent; (2) hugging an individual receiving services with sexual intent; (3) stroking an individual receiving services with sexual intent; (4) fondling an individual receiving services with sexual intent; (5) engaging in with an individual receiving services: (A) sexual conduct as defined in the Texas Penal Code, §43.01; or (B) any activity that is obscene as defined in the Texas Penal Code, §43.21; (6) requesting, soliciting, or compelling an individual receiving services to engage in: (A) sexual conduct as defined in the Texas Penal Code, §43.01; or (B) any activity that is obscene as defined in the Texas Penal Code, §43.21; (7) in the presence of an individual receiving services: (A) engaging in or displaying any activity that is obscene, as defined in the Texas Penal Code §43.21; or (B) requesting, soliciting, or compelling another person to engage in any activity that is obscene, as defined in the Texas Penal Code §43.21; (8) committing sexual exploitation. Sexual exploitation is defined as: (A) a pattern, practice, or scheme of conduct against an individual receiving services, which may include sexual contact, that can reasonably be construed as being for the purposes of sexual arousal or gratification or sexual abuse of any person. (B) The term does not include obtaining information about a patient's sexual history within standard accepted clinical practice. (9) committing sexual assault as defined in the Texas Penal Code §22.011, against an individual receiving services; (10) committing aggravated sexual assault as defined in the Texas Penal Code, §22.021, against an individual receiving services; and (11) causing, permitting, encouraging, engaging in, or allowing the photographing, filming, videotaping, or depicting of an individual receiving services if the direct provider knew or should have known that the resulting photograph, film, videotape, or depiction of the individual receiving services is obscene as defined in the Texas Penal Code, §43.21, or is pornographic. (b) Notwithstanding any other provision in this section, consensual sexual activity between a direct provider and an adult receiving services is not considered sexual abuse if the consensual sexual relationship began prior to the direct provider becoming a direct provider. ## Nearby sections - [26 Tex. Admin. Code § 711.1 26 TAC § 711.1. What is the purpose of this chapter?](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C711_S711_1.md) - [26 Tex. Admin. Code § 711.3 26 TAC § 711.3. How are the terms in this chapter defined?](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C711_S711_3.md) - [26 Tex. Admin. Code § 711.5 26 TAC § 711.5. What does APS investigate under this chapter?](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C711_S711_5.md) - [26 Tex. Admin. Code § 711.7 26 TAC § 711.7. What does APS not investigate under this chapter?](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C711_S711_7.md) - [26 Tex. Admin. Code § 711.11 26 TAC § 711.11. How is physical abuse defined?](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C711_S711_11.md) - [26 Tex. Admin. Code § 711.13 26 TAC § 711.13. How is sexual abuse defined?](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C711_S711_13.md) - [26 Tex. Admin. Code § 711.17 26 TAC § 711.17. How is verbal/emotional abuse defined?](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C711_S711_17.md) - [26 Tex. Admin. Code § 711.19 26 TAC § 711.19. How is neglect defined?](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C711_S711_19.md) - [26 Tex. Admin. Code § 711.21 26 TAC § 711.21. How is exploitation defined?](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C711_S711_21.md) - [26 Tex. Admin. Code § 711.23 26 TAC § 711.23. What is not considered abuse, neglect, or exploitation?](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C711_S711_23.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T26_P1_C711_S711_13. Check the current official text before relying on it. Not legal advice.