We are looking at some cases where threats are made to a child subsequent to an agg sex assault -the not uncommon situation where threat is tied to child not diclosing and therefore remaining available to perp. Looking at 22.021(a)(2)(A) (iii) which has no imminent language has us wondering how connected threats need to be to the actual sex acts to use 22.021(f)(2) to increase pmt range. We can't find any caselaw directly on point - although there are some cases with really broad language that seem to leave this open as a possibility.
Has anyone tried using subsequent threats? Any general thoughts on this?

I have found that the jurors use the evidence of the subsequent threats to increase the punishment to the 99 or life range on their own since it is already a first degree. And you don't have to worry about how to word the jury charge.