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The confinement and $8,000 of the fine were suspended in favor of probation for five years. The language of the statute contemplates the participation of a third party in sexual assaults. The State undertook to prove that appellant, as the actor, caused his wife's sexual organ to contact Hughes's mouth, without her consent.
Through three issues, appellant contends the evidence was insufficient to support his conviction and the trial court erred in admitting hearsay testimony. Background Much of the evidence showing the events leading to appellant's prosecution is undisputed. Section 22.011(a)(1)(C) criminalizes the intentional or knowing act of causing the sexual organ of another person, without that person's consent, to contact, inter alia, the mouth of another person, including the actor.
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Appellant arranged for another man, Richard Hughes, to engage in sexual contact with appellant's wife, in their bedroom and in appellant's presence. The phrase “including the actor” makes clear that the defendant may, but need not be, the person whose mouth is caused to contact the sexual organ of another person.