Fort Bend Indecency with a Child Lawyer

Indecency with a child is one of the most serious felony charges in Texas — and in Fort Bend County, a conviction carries years in prison and mandatory lifetime sex offender registration. If you or someone you care about has been charged or is under investigation, the time to act is right now.

Experienced Fort Bend County Defense Attorneys

Varghese Summersett is one of Texas’s most recognized criminal defense firms, with a team of experienced defense attorneys in offices in Fort Worth, Dallas, Houston, and Southlake. The firm has secured more than 1,600 dismissals and 800+ charge reductions across thousands of cases — including some of the most difficult sex crime allegations in the state.

Leading the firm’s Fort Bend County defense work is Mike Hanson, Senior Counsel and Houston Area Lead. Before joining Varghese Summersett, he served as an Assistant District Attorney in both Tarrant County and Fort Bend County — meaning he knows exactly how these cases are built and how to take them apart. He has tried more than 60 cases before juries and brings a decade of combined prosecution, military legal service, and criminal defense experience to every client he represents.

When the charge is indecency with a child, the stakes cannot be higher. You need a lawyer who understands Fort Bend County courts, knows the prosecutors, and has the skills to fight back aggressively. Varghese Summersett’s Fort Bend criminal defense team is ready to take your call right now.

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What Exactly Does “Indecency with a Child” Mean in Texas?

Many people are surprised to learn that “indecency with a child” covers two distinct offenses under Texas law — one involving physical contact and one involving exposure alone. Both are felonies. Both require sex offender registration. And both can permanently alter the course of your life.

Under Texas Penal Code § 21.11, a person commits this offense when they engage in sexual contact with a child under 17 years of age, cause the child to engage in sexual contact, or — with intent to arouse or gratify sexual desire — expose their genitals or anus while present with a child under 17, or cause the child to expose themselves.

The child’s apparent consent is not a defense. The defendant’s belief about the child’s age can be a defense in limited circumstances, but only if the person took specific affirmative steps to verify the child’s age. Accusation alone can trigger an arrest — and the investigation that follows moves fast.

What the State Must Prove — and the Standard It Must Meet

This is a criminal charge. The burden of proof rests entirely on the State of Texas — not on you. You have no obligation to prove your innocence. The prosecution must prove every element of the offense beyond a reasonable doubt, which is the highest standard in the legal system.

For Indecency with a Child by Contact (§ 21.11(a)(1)), the State must prove:

• The defendant engaged in sexual contact with a child, or caused the child to engage in sexual contact
• The victim was younger than 17 years of age at the time
• The defendant was not the child’s spouse
• “Sexual contact” means any touching of the anus, breast, or genitals with intent to arouse or gratify sexual desire

For Indecency with a Child by Exposure (§ 21.11(a)(2)), the State must prove:

• The defendant exposed their genitals or anus knowing the child was present, or caused the child to expose themselves
• The act was committed with intent to arouse or gratify sexual desire
• The victim was younger than 17 years of age
• The defendant was not the child’s spouse

Intent is a critical element in both offenses. The prosecution must prove the defendant acted with the specific intent to arouse or gratify sexual desire — not merely that the conduct occurred. Challenging intent is one of the most powerful avenues of defense in these cases.

Penalties if Convicted in Fort Bend County

The consequences of a conviction are severe and long-lasting:

• Indecency by Contact is a second-degree felony: 2 to 20 years in Texas state prison and a fine of up to $10,000
• Indecency by Exposure is a third-degree felony: 2 to 10 years in Texas state prison and a fine of up to $10,000
• Lifetime sex offender registration under Chapter 62 of the Texas Code of Criminal Procedure — this is not optional and it is not negotiable upon conviction
• Loss of the right to possess firearms
• Restrictions on where you can live, work, and travel
• Deportation risk for non-citizens
• Permanent damage to professional licenses, child custody rights, and employment prospects

If the alleged victim is under 14 and the defendant is 17 or older, the charge cannot be probated — meaning a judge cannot grant community supervision in place of prison time if a conviction is obtained at trial. The stakes in Fort Bend County courtrooms cannot be overstated.

Typical Bond Amounts for Indecency with a Child in Fort Bend County

Based on an analysis Varghese Summersett completed of over 10,241 bonds set in Fort Bend County:

Charge	Cases Analyzed	Average Bond	Most Common Bond
Indecency with a Child — Sexual Contact (§ 21.11(a)(1))	19	$101,053	$100,000
Indecency with a Child — Exposure (§ 21.11(a)(2))	5	$68,000	$50,000

Bonds at this level are common because judges in Fort Bend County treat these allegations seriously from the moment of arrest. Getting a bond reduced — or posted quickly — requires experienced legal help. An attorney can appear at a bond hearing and argue for conditions that allow you to return to your family while your case moves through the courts at the Fort Bend County Justice Center in Richmond.

Defenses to Indecency with a Child Charges

A charge is not a conviction. These cases are won and lost on the specifics — the evidence, the witnesses, the investigation, and the legal strategy. Varghese Summersett’s defense team examines every element the prosecution must prove and challenges any weakness it finds.

Challenging intent. If the State cannot prove the defendant acted with the specific intent to arouse or gratify sexual desire, the charge fails. Innocent touching, medical care, or incidental contact does not satisfy this element.

Questioning the reliability of the outcry. In many of these cases, the first report comes from a child’s statement to a parent, teacher, or counselor — not from a direct observation by law enforcement. How that outcry was made, what questions were asked, and whether the child was coached or influenced are all critical issues. Forensic interview techniques that are suggestive or leading can undermine the entire investigation.

Demonstrating false or mistaken allegations. Custody disputes, family conflict, mental health issues, and misunderstandings can all produce false accusations. A thorough defense investigation sometimes reveals that the accusation has no basis in fact.

Age of the defendant — Affirmative Defense. Under § 21.11(b), it is an affirmative defense if the defendant was no more than three years older than the victim, the victim was at least 14 years of age, and the conduct did not constitute aggravated sexual assault. This provision does not apply to contact-based offenses in all circumstances and must be evaluated carefully with an attorney.

Constitutional violations. If law enforcement obtained evidence through an unlawful search, improperly obtained a statement, or violated the defendant’s rights during an interrogation, that evidence may be suppressed. Statements made without a proper Miranda warning have been excluded in Fort Bend County cases.

Cross-examining the physical evidence. The absence of physical evidence — or the presence of expert testimony that physical findings are not consistent with abuse — is powerful at trial. Varghese Summersett works with leading experts in child sexual abuse evaluations, forensic psychology, and medical evidence.

The Legal Process: What Happens After an Arrest in Fort Bend County

Cases involving allegations of indecency with a child typically move through several stages, and what happens in the early weeks can shape the entire outcome.

Investigation before arrest. Many of these cases begin with a report to Child Protective Services or a local law enforcement agency. A detective may reach out to the accused for an “interview” before any arrest is made. Do not speak to detectives or investigators without an attorney present — anything you say will be used against you.

Arrest and magistration. After an arrest, you will be taken before a Fort Bend County magistrate who will set bond. This is an early opportunity for defense counsel to appear and advocate for a reasonable bond amount.

Grand jury. Because indecency with a child is a felony, the case must go to a grand jury before formal charges (an indictment) are filed. Grand juries hear only the State’s evidence, but an experienced attorney can prepare a grand jury packet — a presentation of mitigating facts and evidence — in an effort to influence the grand jury’s decision.

Pre-trial hearings and motions. Defense attorneys can file motions to suppress illegally obtained evidence, challenge the admissibility of certain forensic interviews, or contest the sufficiency of the indictment. These hearings occur in one of Fort Bend County’s District Courts in Richmond.

Resolution — plea or trial. If the case is not resolved through dismissal or a reduction in charges, it will proceed to either a negotiated plea or jury trial. Varghese Summersett prepares every case as if it will go to trial, giving the firm maximum leverage in negotiations.

What to Expect From Varghese Summersett

When you call Varghese Summersett,  you will speak with an experienced attorney who understands what is at stake and what needs to happen next.

The firm’s Fort Bend County defense practice is led by Mike Hanson, a former Fort Bend County prosecutor who knows the courts, the judges, and the way these cases are investigated. His Board Certification in Juvenile Law and his background as an Army JAG officer give him a unique perspective on the most sensitive and high-stakes criminal matters — including allegations involving children.

The firm’s Fort Bend sexual assault defense team applies the same rigor to indecency charges: thorough case investigation, expert consultation, aggressive motion practice, and — when necessary — courtroom trial advocacy built on more than 100 years of combined experience across the firm’s criminal defense team.

Throughout the process, you will receive honest, direct communication about the strength of the case, the risks, and your options. The team takes calls 24 hours a day, 7 days a week — because charges do not wait for business hours.

To speak with a Fort Bend defense attorney now, call (281) 805-2220.

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Frequently Asked Questions

Can indecency with a child charges be dismissed in Fort Bend County?

Yes. Dismissals can and do happen at multiple stages — before indictment, after a grand jury no-bill, following a successful motion to suppress evidence, or when the prosecution determines it cannot meet its burden. Varghese Summersett has secured dismissals and grand jury no-bills in indecency-related cases. The strength of the defense investigation and the quality of legal representation in the early stages of a case directly affect the likelihood of a favorable outcome.

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

A conviction for indecency with a child — either by contact or by exposure — triggers mandatory lifetime sex offender registration under Chapter 62 of the Texas Code of Criminal Procedure. There are very limited circumstances in which registration may be modified or terminated after many years, but registration is an automatic consequence of conviction. Avoiding a conviction is the goal — which is why strong legal defense from the start is so important.

What is the difference between indecency by contact and indecency by exposure?

Indecency by contact (§ 21.11(a)(1)) involves physical touching of sexual body parts with intent to arouse or gratify sexual desire and is a second-degree felony. Indecency by exposure (§ 21.11(a)(2)) involves exposing genitals or causing the child to expose themselves with the same intent and is a third-degree felony. Both require sex offender registration upon conviction. You can learn more about each distinct offense at our Indecency with a Child by Contact and Indecency with a Child by Exposure pages.

Should I talk to police if I have been accused?

No. You have a constitutional right to remain silent, and you should exercise it. Detectives investigating these cases are trained to obtain statements that can be used to build a case against you — even if you believe you can explain the situation. Politely decline to speak until you have spoken with a criminal defense attorney. Call Varghese Summersett at (281) 805-2220 before any interview takes place.

What court handles indecency with a child cases in Fort Bend County?

Felony cases in Fort Bend County are handled by the District Courts located at the Fort Bend County Justice Center in Richmond, Texas. These are experienced felony courts that routinely see serious criminal allegations. Having an attorney who is familiar with Fort Bend County’s prosecutors, judges, and procedures gives you a meaningful advantage throughout the process.

Speak With a Fort Bend Indecency Defense Lawyer Today

An indecency with a child charge can feel overwhelming — but the outcome is not decided the day you are arrested. The decisions made in the hours, days, and weeks that follow can change everything. Varghese Summersett’s Fort Bend County defense team is available around the clock to take your call, evaluate your situation, and start building your defense.

Reach a Fort Bend criminal defense attorney right now at (281) 805-2220.