Indecency with a Child (Texas Penal Code §21.11)
Overview of Indecency with a Child
Under Texas Penal Code §21.11, a person commits indecency with a child if they engage in sexual contact with, or expose themselves to, a child under 17 years old with intent to arouse or gratify sexual desire.
This charge is one of the most serious sex offenses under Texas law. Even without physical contact, an allegation alone can result in arrest, public shame, and potential lifetime sex offender registration.
Dunham & Jones defends clients accused of indecency with a child across Texas. Our sex crimes attorneys know that these allegations are often based on misunderstandings, coerced statements, or unreliable testimony and we fight to protect the rights and reputations of the accused.
Legal Definition of Indecency with a Child
Texas Penal Code §21.11 defines two distinct offenses:
- Indecency by Contact: Touching the child’s breast, genitals, or anus with intent to gratify sexual desire.
- Indecency by Exposure: Exposing oneself to a child or causing a child to expose themselves for sexual gratification.
To convict, the state must prove beyond a reasonable doubt that the accused intended sexual arousal or gratification — a critical element often challenged by the defense.
Penalties and Consequences
| Type of Offense | Classification | Potential Sentence |
|---|---|---|
| Indecency by Contact | Second-Degree Felony | 2–20 years in prison, up to $10,000 fine |
| Indecency by Exposure | Third-Degree Felony | 2–10 years in prison, up to $10,000 fine |
Both require mandatory sex offender registration and carry severe social and professional repercussions, even for first-time offenders.
Common Defenses for Indecency with a Child
Dunham & Jones approaches every indecency case with precision and discretion. Common defenses include:
- Lack of Intent: The accused did not act with intent to gratify sexual desire.
- False Allegations: Claims may be motivated by revenge, divorce disputes, or misunderstanding of actions.
- Accidental Exposure: No sexual intent or awareness of the child’s presence.
- Mistaken Identity: Incorrect identification by minors or unreliable witnesses.
- Insufficient Evidence: Weak or contradictory statements, lack of physical proof.
Our sex crimes attorneys thoroughly review all evidence, including digital messages, witness statements, and CPS records, to build a strong defense.
The Impact of Sex Offender Registration
A conviction for indecency with a child requires lifetime registration as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. Registration can affect:
- Employment and housing eligibility
- Travel and residency restrictions
- Custody and visitation rights
- Permanent online registry listings
Dunham & Jones works to avoid convictions that trigger these lifelong consequences through plea negotiations or trial defense.
Contact Dunham & Jones Today
If you are accused of indecency with a child in Texas, your freedom and reputation are at stake. Dunham & Jones has decades of experience defending against sex crime allegations statewide.
Call 800-499-8455 today for a confidential free consultation with our skilled criminal defense attorneys and take the first step in protecting your rights and your future.
