Indecency With A Child in Texas
The full text of Indecency with a Child in Texas can be found here in section 21.11 of the Texas Penal Code.
A person commits indecency with a child younger than 17 if the person:
- Engages in sexual contact with the child or causes the child to engage in sexual contact, OR
- With intent to arouse of gratify the sexual desire of any person, exposes the person’s anus or any part of the person’s genitals, knowing the child is present, or causes the child to expose the child’s anus or any part of the child’s genitals
In an indecency with a child case, it neither matters the sex of the child nor does it matter if the person knew the child’s actual age. It is an affirmative defense to prosecution under this section if the actor:
- Was not more than 3 years older than the victim
- Did not use duress, force, or a threat against the victim at the time of the offense
- And at the time of the offense the person was not required to register for life as a sex offender or was not a person who had a reportable conviction or adjudication for an offense under this section.
It is an affirmative defense to prosecution if:
- The accused was married to the child at the time of the offense
If you are charged indecency with a child and the accusation involves sexual contact, then it is charged as a 2nd Degree Felony. A 2nd Degree Felony has a range of punishment of 2-20 years in prison and a fine of up to $10,000.
If you are charged with indecency with a child and the accusation is “by exposure”, then it is a 3rd Degree Felony. A 3rd Degree Felony as a range of punishment of 2-1 years in prison and a fine of up to $10,000.
What to do if You are Charged with Indecency with a Child in Texas
There is almost always two parts to an indecency with a child case. There is an initial investigation, followed by criminal charges. I am here to help throughout the entire process.
During the investigation, the goal is to do everything possible to prevent charges from being filed. Sometimes we decide to do polygraph tests, and sometimes we don’t, it depends on the facts of your specific case. Sometimes we consent to controlled interviews, and sometimes we don’t. It is a very touchy situation and decisions are made once we know everything we are dealing with. I always make sure that you make the best decision for you.
If I feel that charges are going to get filed no matter what, then we will just ignore investigators and wait for charges to be formally filed. Sometimes we are just better off giving no information and just dealing with the case in court. It is very case specific.
The most important thing to do is contact a lawyer right away. It is never a good idea to go through this process without a lawyer because cops tend to pressure people into statements that they do not need to make. Once you have a lawyer none of that will happen and all contact with law enforcement will go through your attorney.