Legal Question in Criminal Law in Texas

Communty supervision is also known as probation.

The Legislature effectively said the juries can no longer recommend community supervision in if the victim is 14 years of age or younger and the offense is indecency with a child, aggravated sexual assault, or sexual assault. If the complainant is 15 or older, a jury can still recommend community supervision.

A judge can give deferred (a form of community supervision / probation in which the defendant is not found guilty but placed on probation after a guilty plea to the judge) except if the defendant:

(A) is charged with an offense under Section 21.11 [Indecency With a Child], 22.011 [Sexual Assault], or 22.021 [Aggravated Sexual Assault], Penal Code, regardless of the age of the victim, or a felony described by Section 13B(b) of this article; and

(B) has previously been placed on community supervision for any offense under Paragraph (A) [I've left these out] of this subdivision; or

(3) the defendant is charged with an offense under:

(A) Section 21.02, Penal Code [Continuous Sexual Abuse of Young Child or Children]; or

(B) Section 22.021, Penal Code [Aggravated Sexual Assault], that is punishable under Subsection (f) of that section [Victim Under 6 Years of Age or Victim Under 14 Years of Age and Use or Threat of Deadly Force or Drugs] or under Section 12.42(c)(3), Penal Code [Capital Habitual Aggravated Sexual Assault].

So, the bottom line answer is "it depends".