Indecency With a Child

Indecency With a Child

Indecency with a child under section 21.11 of the Penal Code covers two categories. Indecency by contact (touching the child’s anus, breast, or genitals, or causing the child to touch the defendant) is a second-degree felony: two to twenty years. Indecency by exposure (exposing oneself with intent to arouse or gratify) is a third-degree felony: two to ten years.

Both offenses require sex-offender registration upon conviction.

What the State must prove

The child must be under seventeen. For contact offenses, the State must prove the touching was done with the intent to arouse or gratify the sexual desire of any person. For exposure, the State must prove the defendant exposed themselves knowing the child was present, with intent to arouse or gratify.

Consent is never a defense. A sixteen-year-old who agrees to the contact does not provide a defense to the charge.

Defense issues

The defense in these cases often centers on whether the contact occurred at all, whether the contact was sexual in nature, or whether it was accidental. In cases involving young children, the reliability of the child’s account and the circumstances of the disclosure are critical: who first asked the child about the contact, how the question was framed, and whether the child’s account changed over time.

Talk to us

713-224-1747.

If you have been convicted and need an appeal, email us at [email protected].