Denton County Indecency with a Child Lawyer

Indecency with a child is a felony sex offense in Texas that can carry decades in prison, mandatory sex offender registration, and consequences that will follow you for the rest of your life. If you or someone you love is facing this charge in Denton County, you need an experienced defense attorney immediately — before another word is said to law enforcement.

Why Denton County Defendants Trust Varghese Summersett

Few charges carry the weight of an indecency with a child accusation. The social stigma is immediate. So is the legal exposure. This is not a situation where any criminal defense attorney will do — you need a team that has handled sex crime cases at every level, in every Denton County courtroom.

Varghese Summersett is one of the largest criminal defense firms in North Texas, with more than 70 team members and offices in Fort Worth, Dallas, Houston, and Southlake. The firm has achieved more than 1,600 dismissals and 800+ charge reductions across all practice areas. Our criminal defense attorneys have more than 100 years of combined experience, including a number of former prosecutors who understand exactly how the Denton County District Attorney’s office builds these cases.

Attorney Ashley Feldt served as an Assistant District Attorney in Denton County before joining Varghese Summersett, giving her direct insight into how sex offense cases are charged and prosecuted here. The firm’s sex crimes defense team also includes five attorneys who are Board Certified — the highest designation an attorney can reach.

These cases are also routinely handled by attorneys who have tried dozens of jury trials and who are recognized by Super Lawyers, the National Trial Lawyers Top 100, and Best Lawyers in America. The team’s depth means your case is never handled by a single attorney working in isolation — it’s evaluated by a team that has seen these fact patterns before.

If you are facing indecency with a child charges in Denton County, speak with our team now. Call (940) 252-2220 for a free, confidential consultation available 24 hours a day.

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What Exactly Is Indecency with a Child in Texas?

Texas law defines two distinct forms of indecency with a child. Understanding the difference matters because the charges carry different penalties and require different defense strategies.

Under Texas Penal Code § 21.11, a person commits indecency with a child if, with a child younger than 17 years of age who is not their spouse, they:

• Engage in sexual contact with the child or cause the child to engage in sexual contact — this is indecency by contact, a second-degree felony; or
• With the intent to arouse or gratify any person’s sexual desire, expose their anus or genitals knowing the child is present, or cause the child to expose theirs — this is indecency by exposure, a third-degree felony.

“Sexual contact” under the statute means touching — including through clothing — of the anus, breast, or any part of the genitals of a child, or touching any part of the child’s body with the anus, breast, or genitals of another person.

What the Prosecution Must Prove

This is a critical area that many people charged with this offense do not fully understand: the burden of proof is entirely on the State, not on you. You are presumed innocent, and you are under no obligation to testify or prove anything.

To convict on indecency by contact, the State must prove beyond a reasonable doubt each of the following elements:

• You engaged in sexual contact with a child, or caused a child to engage in sexual contact;
• The child was under 17 years of age at the time; and
• The child was not your spouse.

For indecency by exposure, the State must additionally prove that you acted with the intent to arouse or gratify the sexual desire of any person.

The standard is beyond a reasonable doubt — the highest standard in the American legal system. If the jury has reasonable doubt about any element, they must acquit.

Penalties for Indecency with a Child in Denton County

These are among the most serious non-capital felonies in Texas. A conviction will change every aspect of your life.

Indecency with a Child by Contact (Second-Degree Felony):

• 2 to 20 years in the Texas Department of Criminal Justice
• Up to $10,000 in fines
• Lifetime sex offender registration
• No possibility of probation for certain prior offenders

Indecency with a Child by Exposure (Third-Degree Felony):

• 2 to 10 years in TDCJ
• Up to $10,000 in fines
• Sex offender registration (typically 10 years, though circumstances can extend this)

Under Texas Penal Code § 12.42, prior felony convictions can dramatically enhance these ranges. Certain offenders may also face mandatory minimum sentences with no parole eligibility under Texas’s “3g” offense provisions.

Beyond prison and fines, a conviction triggers mandatory registration as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. Depending on the offense, registration can last a decade or for life. This means your name, photo, and address will appear on the public sex offender registry — affecting where you can live, where you can work, and your ability to be near schools, parks, and playgrounds.

Typical Bond Amounts for Indecency with a Child in Denton County

Based on an analysis Varghese Summersett completed of over 12,937 bonds set in Denton County in 2025, here is what bonds typically look like for indecency with a child charges:

Charge	Typical Bond Range	Most Common Bond
Indecency w/ Child — Sexual Contact (§ 21.11, F2)	Varies widely; average $141,945 across 18 cases	$100,000
Indecency w/ Child — Exposure (§ 21.11, F3)	Varies; average $55,714 across 7 cases	$25,000

Bond amounts are set by a magistrate and can be reduced through a bond reduction hearing. Judges consider the nature of the allegations, the defendant’s ties to the community, prior criminal history, and the risk of flight. An attorney can argue for a lower bond amount or more favorable conditions of release.

Common Defenses to Indecency with a Child Charges

A charge is not a conviction. Each element the State must prove is also a point where the defense can attack. Experienced defense attorneys look hard at every aspect of how the allegation originated, how it was investigated, and what evidence the State actually has.

False Accusations

Accusations of indecency with a child sometimes arise in the middle of contentious divorce or custody proceedings, from misunderstandings between a child and a caregiver, or from coaching by an adult with a motive. Defense attorneys examine the origin of the allegation carefully — who first heard it, what words the child used, and whether those words changed over time.

Insufficient Evidence

Many of these cases come down to one person’s word against another’s with no physical evidence. The State still carries the burden of proving every element beyond a reasonable doubt. Inconsistencies in the child’s statements, contradictions in witness accounts, and gaps in the investigation can all create reasonable doubt.

Age or Relationship

The statute requires the child to be under 17 and not the defendant’s spouse. If either element cannot be proven, the charge cannot stand as written.

Lack of Sexual Intent (Exposure Only)

The exposure form of the offense requires proof that the defendant acted with intent to arouse or gratify sexual desire. If exposure occurred accidentally or in a non-sexual context, this element may not be provable.

Forensic Interview Issues

Child forensic interviews are supposed to follow strict protocols designed to avoid suggestion and contamination. Improper questioning techniques — leading questions, repeated questioning after initial denials, or interviewing by a person with a stake in the outcome — can undermine the reliability of a child’s statement and provide grounds to challenge it.

Constitutional Violations

If police obtained evidence through an unlawful search, interrogated a suspect after he invoked his right to counsel, or violated other constitutional protections, that evidence may be suppressed. Suppression of key evidence can result in a charge being reduced or dismissed entirely.

The Denton County sexual assault defense team at Varghese Summersett evaluates every available defense from the moment a case comes in.

The Legal Process for Indecency with a Child in Denton County

Understanding the timeline of your case helps you make informed decisions at each step.

Most indecency with a child cases in Denton County begin with a report to law enforcement or the Denton County Department of Family and Protective Services. Police may interview the child at the Denton County Child Advocacy Center. If a suspect is identified, detectives will often attempt a “pretext call” — where the alleged victim or a parent calls the suspect while investigators listen and record.

After an arrest, the case is reviewed by the Denton County District Attorney’s Office, which decides whether to formally file charges. Felony charges are presented to a grand jury, which decides whether probable cause exists to indict. If indicted, arraignment follows, and the case proceeds through pretrial motions, potential plea negotiations, and, if unresolved, trial.

These cases can move slowly or quickly depending on the complexity of the evidence and the court’s docket. Having counsel from day one — ideally before charges are even filed — gives your attorney the opportunity to investigate independently, preserve evidence, and engage with the DA’s office before positions become entrenched.

If you have not yet been charged but believe you are under investigation, call (940) 252-2220 now. Speaking with police without an attorney present is one of the most damaging things a suspect can do.

What to Expect From Varghese Summersett

When you retain Varghese Summersett for a Denton County indecency with a child case, you are not getting a single overworked public defender or a solo practitioner unfamiliar with sex crime defense. You are getting a dedicated team with the resources to match whatever the State brings.

Your case will be reviewed by attorneys with experience on both sides of the courtroom. Former prosecutors on the team know how these investigations are built — and where they fall apart. The firm has handled sex crime cases ranging from pre-indictment investigations through jury trials and appeals.

We conduct an independent review of the forensic interview, the investigation timeline, and any physical or digital evidence. We challenge warrant applications, fight to suppress unconstitutionally obtained evidence, and prepare every case as though it will go to trial. When negotiation is in a client’s best interest, we negotiate from a position of strength because prosecutors know we will try a case if we have to.

We also help clients understand every possible outcome — from dismissal and no-bill to reduction to a lesser charge to acquittal at trial — so they can make informed decisions at every step. The Denton County criminal defense team at Varghese Summersett is also deeply familiar with local judges, prosecutors, and the Denton County courthouse, which matters when navigating the practical realities of a case.

We know what is at stake. A conviction means prison, lifetime registration as a sex offender, and permanent damage to every relationship you have. We take that seriously, and we fight accordingly.

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Frequently Asked Questions

Will I have to register as a sex offender if convicted?

Yes. Both forms of indecency with a child are reportable offenses under Texas law. A conviction for indecency by contact (second-degree felony) results in lifetime registration. Indecency by exposure typically triggers a 10-year registration requirement, though this can be extended based on prior history or other factors. Sex offender registration is one of the most serious collateral consequences of these charges, and it is a major reason why fighting this case aggressively from the start matters.

Can indecency with a child charges be dismissed in Denton County?

Yes, they can be — though it requires skilled defense work. Varghese Summersett’s case results include both no-bills (where a grand jury declined to indict) and dismissals in indecency-related cases. Outcomes depend on the strength of the evidence, the credibility of witnesses, and the quality of the defense mounted. The earlier an attorney is retained, the more options are available.

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

The charges involve different conduct and carry different penalties. Sexual assault of a child under Texas Penal Code § 22.011 involves penetration and is typically a second-degree felony — but it can be enhanced to a first-degree felony under aggravating circumstances. Indecency with a child under § 21.11 covers sexual contact or exposure and ranges from a third-degree to a second-degree felony. Both charges require sex offender registration.

What if the accusation came from a custody dispute?

False or exaggerated allegations in the context of a divorce or custody battle are a well-documented phenomenon. Defense attorneys look closely at the circumstances under which an allegation first emerged, who was present, and whether the child’s account shifted over time. These dynamics can be relevant to the defense and to credibility arguments at trial.

Should I talk to police if I haven’t been charged yet?

No. Regardless of how cooperative you want to appear, speaking to investigators without an attorney present is one of the single most dangerous things you can do when you are under investigation for a sex offense. Detectives are trained interrogators, and anything you say — even a denial — can be used to build a case against you. Contact an attorney first.

Speak with a Denton County Defense Attorney Today

An indecency with a child charge is one of the most serious accusations a person can face. The decisions made in the first hours and days after an arrest or investigation begins can shape the outcome of the entire case. Varghese Summersett’s Denton County criminal defense team is available around the clock — call (940) 252-2220.