Indecency with a Child by Contact in Dallas | Defense Attorney

If you or someone you love has been arrested for indecency with a child by contact in Dallas County, you’re facing one of the most serious accusations in the Texas criminal justice system. A conviction carries years in prison, lifetime sex offender registration, and permanent damage to your reputation and relationships. But an arrest is not a conviction. With the right defense strategy, charges can be reduced or dismissed entirely.

At Varghese Summersett, our Dallas criminal defense attorneys have decades of combined experience defending clients against sex crime allegations. We understand what’s at stake and know how to challenge weak evidence, unreliable accusations, and prosecutorial overreach. If you’re under investigation or have already been charged, getting an experienced attorney involved immediately can make the difference between protecting your future and losing everything.

What Is Indecency with a Child by Contact Under Texas Law?

Under Texas Penal Code § 21.11, indecency with a child by contact occurs when a person engages in sexual contact with a child younger than 17 years old, or causes the child to engage in sexual contact. The law defines “sexual contact” as touching any part of the genitals of a child, or touching any part of the child’s body with the genitals, with intent to arouse or gratify the sexual desire of any person.

This offense is distinct from sexual assault because it does not require penetration. Even touching over clothing can result in charges if prosecutors allege the contact was sexual in nature. The key elements the State must prove beyond a reasonable doubt include the defendant’s identity, the age of the alleged victim, the nature of the contact, and the intent behind it.

Texas law also criminalizes indecency by exposure, which occurs when someone exposes themselves to a child with the intent to arouse or gratify sexual desire. Both forms of indecency are serious felonies, but the “by contact” version carries harsher penalties because it involves physical touching.

What Are the Penalties for Indecency with a Child by Contact?

Indecency with a child by contact is classified as a second-degree felony under Texas Penal Code § 21.11(d). This means you’re facing:

• 2 to 20 years in the Texas Department of Criminal Justice (prison)
• Up to $10,000 in fines
• Mandatory sex offender registration for a minimum of 10 years (potentially lifetime)
• A permanent felony record that cannot be expunged or sealed

If the victim was under 14 years old or if there are multiple victims, prosecutors may pursue enhanced charges such as continuous sexual assault of a child or aggravated sexual assault of a child. These offenses carry minimum mandatory sentences of 25 years or more.

Beyond the criminal penalties, a conviction devastates every area of life. You’ll be barred from living near schools, parks, or daycare facilities. Employment opportunities disappear. Child custody arrangements are affected. Relationships with family and friends are permanently altered. This is why building the strongest possible defense from day one is so important.

What Happens to Bond in These Cases?

Judges set bond amounts based on the severity of the charge, the defendant’s criminal history, flight risk, and danger to the community. In our analysis of Dallas bond data, the average bond for indecency with a child by sexual contact under Texas Penal Code § 21.11(d) was approximately $86,000, with bonds most commonly set at $30,000. For indecency by exposure, the average bond was around $74,000, with $50,000 being the most typical amount.

Because these are serious allegations involving children, judges often impose strict bond conditions including GPS monitoring, no contact with minors (which may include your own children), restricted internet access, and mandatory check-ins with pretrial services. Violating any condition can result in bond revocation and immediate incarceration while awaiting trial.

How We Defend Indecency with a Child Cases

Every case is different, but successful defenses often focus on challenging the reliability of the accusation, the evidence collection process, and the State’s ability to prove every element beyond a reasonable doubt. Our team examines every angle to build the strongest defense possible.

False or Coached Allegations

Many indecency cases arise from contentious custody battles, divorces, or family conflicts. Children can be influenced, coached, or pressured by adults to make accusations that aren’t true. Other times, children misinterpret innocent contact or are led by suggestive questioning from investigators or forensic interviewers.

Our attorneys work with experts in child psychology and forensic interviewing to analyze how the accusation developed. We review forensic interview recordings for leading questions, examine the child’s statements for inconsistencies, and investigate the circumstances surrounding the disclosure. In one recent case, our attorneys secured a dismissal after demonstrating that charges should never have been filed based on the evidence presented.

Lack of Evidence

Unlike many crimes, indecency allegations often come down to one person’s word against another. There’s frequently no physical evidence, no witnesses, and no corroborating proof. The State must still prove guilt beyond a reasonable doubt, which is the highest standard in our legal system.

We challenge the prosecution to meet that burden. If the only evidence is an accusation without supporting documentation, medical findings, or consistent statements, we highlight these weaknesses to the judge and jury. In cases we’ve handled, grand juries have returned “no bills” (declined to indict) when the evidence was insufficient to proceed.

Constitutional Violations

Police and prosecutors must follow the Constitution when investigating and building a case. If law enforcement conducted an illegal search, obtained a confession without proper Miranda warnings, or violated your rights during the investigation, that evidence may be inadmissible.

Our attorneys scrutinize every step of the investigation, from the initial report to arrest. We file motions to suppress illegally obtained evidence and hold the State accountable for constitutional violations.

Challenging Intent

The State must prove that any contact was done with the specific intent to arouse or gratify sexual desire. Accidental touching, contact during routine caregiving, or innocent situations that were misinterpreted are not crimes. Our attorneys gather evidence and testimony to provide context for the alleged incident and challenge the prosecution’s characterization of intent.

If you’ve been accused of indecency with a child in Dallas, don’t wait to get legal help. Talk to a lawyer before you speak to police. Our team offers free consultations for criminal defense matters. Call (214) 903-4000 today.

What Happens After an Arrest for Indecency with a Child in Dallas

If you’re arrested in Dallas County on indecency charges, you’ll likely be taken to the Lew Sterrett Justice Center for booking and processing. A magistrate will set bond and initial conditions of release. From there, the case moves through the Dallas County criminal court system.

Grand Jury Review

Because indecency with a child is a felony, the case must be presented to a grand jury before formal charges can proceed. The grand jury reviews evidence and decides whether probable cause exists to indict. This is a critical stage where an experienced attorney can make a difference.

Our team has successfully prevented indictments by presenting evidence to the grand jury through packets, witness lists, or attorney testimony. When the grand jury sees the full picture rather than just the prosecution’s version, they sometimes return a “no bill,” meaning no charges are filed. We recently secured a no-bill in a Tarrant County indecency case where the evidence simply didn’t support the allegations.

Pre-Trial Proceedings

If the grand jury indicts, the case proceeds to pre-trial proceedings. This includes discovery (exchanging evidence), filing motions, negotiating with prosecutors, and preparing for trial. Our attorneys use this time to investigate every aspect of the case, interview witnesses, hire experts, and build a comprehensive defense strategy.

Plea Negotiations vs. Trial

Not every case goes to trial. In some situations, negotiating a favorable plea agreement is in the client’s best interest. Our attorneys have negotiated reductions to lesser charges that avoid sex offender registration, secured deferred adjudication (probation that can result in no conviction if completed successfully), and in some cases, convinced prosecutors to dismiss charges entirely.

In one case involving allegations of continuous sexual assault and multiple counts of indecency with a child by contact, our attorneys negotiated a resolution where the client pleaded to injury to a child with 10 months of deferred adjudication instead of facing decades in prison and lifetime registration.

When the evidence is there to fight, we take cases to trial. Our firm includes former prosecutors who understand how the State builds cases and where weaknesses exist. We’ve tried hundreds of cases and know how to present a compelling defense to a jury.

Sex Offender Registration Requirements

A conviction for indecency with a child by contact triggers mandatory sex offender registration under Chapter 62 of the Texas Code of Criminal Procedure. The registration period depends on your assessed risk level:

• Low-risk offenders: Register for 10 years
• Moderate-risk offenders: Register for 25 years
• High-risk offenders: Register for life

Registration requirements are extensive. You must report your address, employment, vehicle information, and internet identifiers to local law enforcement. You must re-register annually (or more frequently depending on risk level) and notify authorities within days of any changes. Your information appears on public registries, accessible to anyone.

Failure to comply with registration requirements is itself a felony under Texas Code of Criminal Procedure § 62.102, punishable by up to 10 years in prison. The consequences of registration extend far beyond the initial sentence, which is why avoiding a conviction in the first place is so critical.

Can Indecency Charges Be Reduced or Dismissed?

Yes. While these are serious allegations, our attorneys have achieved favorable outcomes in indecency cases throughout Texas, including dismissals, no-bills, and reductions to non-registerable offenses. The outcome depends on the specific facts, evidence, and defense strategy.

Our recent results in similar cases demonstrate what’s possible with aggressive defense:

In a recent case, our client was charged with indecency with a child. After investigating the allegations, we presented our findings to the grand jury. The grand jury returned a no-bill, meaning no charges were filed and our client avoided prosecution entirely.

In another case involving two counts of indecency with a child, our attorneys demonstrated that the charges should never have been filed. Both counts were dismissed.

We also represented a client facing eleven counts of continuous sexual abuse of a child. Through careful negotiation, we secured a plea to a single count of indecency by exposure with deferred adjudication. Ten counts were waived, and our client avoided a lengthy prison sentence.

Past results do not guarantee future outcomes, but they illustrate our commitment to fighting for the best possible result in every case.

Protecting Your Rights During the Investigation

If you’re under investigation for indecency with a child, what you do before an arrest can significantly impact the outcome. Here’s what you need to know:

Do not speak to police without an attorney. Law enforcement may contact you to “hear your side” or “clear things up.” Anything you say can and will be used against you. Politely decline to answer questions until you’ve spoken with a lawyer.

Do not contact the accuser or their family. Even well-intentioned communication can be used as evidence of consciousness of guilt or attempting to influence a witness. Let your attorney handle any necessary communications.

Preserve evidence. Save text messages, emails, photos, and any documentation that might be relevant to your defense. Don’t delete anything, as this could be considered destruction of evidence.

Get legal representation immediately. An attorney can intervene early, communicate with investigators on your behalf, and potentially prevent charges from being filed at all.

Protect your rights and your record. Schedule a free consultation with our Dallas criminal defense team by calling (214) 903-4000.

What to Expect From Varghese Summersett

Facing accusations involving children is terrifying. We understand the fear, shame, and uncertainty you’re experiencing. At Varghese Summersett, we approach every case with professionalism, discretion, and relentless advocacy.

Our team includes former prosecutors, board-certified criminal law specialists, and attorneys who have dedicated their careers to defending against child sex abuse allegations. We have more than 70 team members across offices in Dallas, Fort Worth, Houston, and Southlake, giving us the resources to thoroughly investigate and defend even the most complex cases.

We’ve secured over 1,600 dismissals and 800 charge reductions for our clients facing serious criminal allegations. Our attorneys have the trial experience to take your case before a jury if that’s what’s needed to protect your freedom.

From the moment you contact us, you’ll have a dedicated team working on your case. We communicate clearly, return calls promptly, and keep you informed at every stage. We know your future is on the line, and we fight accordingly.

Frequently Asked Questions

Is indecency with a child a felony in Texas?

Yes. Indecency with a child by contact is a second-degree felony, punishable by 2 to 20 years in prison and fines up to $10,000. Indecency by exposure is a third-degree felony, carrying 2 to 10 years in prison. Both offenses require sex offender registration upon conviction.

What is the statute of limitations for indecency with a child in Texas?

Under Texas Code of Criminal Procedure Article 12.01, there is no statute of limitations for indecency with a child. Charges can be filed at any time, regardless of when the alleged offense occurred. This makes it critical to mount a strong defense even when accusations surface years later.

Can I get deferred adjudication for indecency with a child?

Deferred adjudication is available for indecency with a child in Texas, unlike some other sex offenses where it’s prohibited. If you successfully complete deferred adjudication, you won’t have a final conviction. However, you may still be required to register as a sex offender during the probation period. Additionally, the record cannot be expunged, though an order of nondisclosure might be available in limited circumstances.

How do I find out if someone is making a false accusation?

Our attorneys investigate the circumstances surrounding the accusation, including the accuser’s motives, the context of the disclosure, custody disputes or family conflicts, and inconsistencies in statements. We work with forensic experts to analyze interview techniques and identify signs of coaching or influence.

What’s the difference between indecency with a child and sexual assault of a child?

Sexual assault of a child involves penetration and is a more serious charge. Indecency with a child by contact involves sexual touching without penetration. While both are felonies requiring sex offender registration, sexual assault carries harsher penalties, including potential sentences of 25 years to life for aggravated offenses.

Take Action Now

If you’re facing indecency with a child charges in Dallas County, every day matters. Evidence can disappear, witnesses’ memories fade, and prosecutors continue building their case. The sooner you have an experienced defense attorney on your side, the better your chances of a favorable outcome.

Varghese Summersett has the experience, resources, and dedication to fight for your future. We offer free consultations for criminal defense matters and are available 24/7 to take your call.

Don’t let an accusation define the rest of your life. Call Varghese Summersett today at (214) 903-4000 to schedule your free consultation with an experienced Dallas indecency with a child defense attorney.