Dallas Indecency with a Child Lawyer | Varghese Summersett

Indecency with a child is a serious felony in Texas that can result in years in prison and lifetime sex offender registration. Under Texas Penal Code Section 21.11, this offense involves sexual contact with or exposure to a child under 17 years old. If you or a loved one has been accused of indecency with a child in Dallas, contact an experienced Dallas indecency with a child lawyer immediately to protect your rights and future.

At Varghese Summersett, our Dallas criminal defense team includes former prosecutors and board-certified specialists who have secured dismissals and favorable outcomes in some of the most challenging sex crime cases. We understand what you’re facing and the stakes involved.

What Is Indecency with a Child by Contact in Texas?

Indecency with a child by contact (often called fondling) occurs when a person engages in sexual contact with a child younger than 17 or causes the child to engage in sexual contact. The key element is that the contact must occur with the intent to arouse or gratify sexual desire.

Under Section 21.11(a)(1) of the Texas Penal Code, “sexual contact” means touching the child’s anus, breast, or any part of their genitals. It also includes causing the child to touch the actor’s anus, breast, or genitals. This offense includes touching over clothing and does not require penetration.

What Is Indecency with a Child by Exposure in Texas?

Indecency with a child by exposure occurs when a person exposes their anus or genitals while a child is present, or causes a child to expose their anus or genitals. The exposure must be done with the intent to arouse or gratify the sexual desire of any person.

Under Section 21.11(a)(2) of the Texas Penal Code, this version of the offense is less severe than contact but still carries serious consequences including years in prison.

What Is the Difference Between Indecency with a Child and Child Molestation?

In Texas, “child molestation” is not a legal term, but people often use it to describe indecency with a child. When someone refers to child molestation in Texas, they are typically describing the offense defined in Section 21.11 of the Texas Penal Code. Understanding this distinction is helpful because Texas law uses specific terminology that differs from common language or terms used in other states.

Who Qualifies as a “Child” Under Texas Law?

For indecency with a child charges, a “child” is any person under 17 years of age. This is the age of consent in Texas. Even if the alleged victim was close to 17, the offense remains a felony with the same potential penalties.

What Are the Penalties for Indecency with a Child in Texas?

The punishment for indecency with a child depends on how the offense was committed:

Indecency with a child by contact is a second-degree felony punishable by 2 to 20 years in prison and a fine up to $10,000.

Indecency with a child by exposure is a third-degree felony punishable by 2 to 10 years in prison and a fine up to $10,000.

Beyond prison time, a conviction can destroy careers, end relationships, and permanently alter your life. That’s why having an experienced Dallas child sex abuse defense lawyer on your side matters.

Does a Conviction Require Sex Offender Registration?

Yes. A conviction for indecency with a child requires sex offender registration in Texas. The registration period depends on the specific offense:

Indecency with a child by contact: Lifetime sex offender registration.

Indecency with a child by exposure: 10-year registration for a first offense. However, a second conviction for exposure requires lifetime registration.

Sex offender registration affects where you can live, where you can work, and how the community views you. It follows you for years or for life. Talk to our team if you want to understand what’s at stake.

What Defenses Are Available for Indecency with a Child Charges in Dallas?

An experienced Dallas indecency with a child lawyer will investigate every aspect of your case to build the strongest possible defense. Texas law provides two affirmative defenses that can result in complete legal protection:

The Romeo and Juliet Defense: This defense applies when the defendant was no more than three years older than the alleged victim, did not use force or duress, was not required to register as a sex offender for life, and had no prior sex offense convictions or adjudications. Texas law recognizes that young people often engage in consensual relationships, and this defense exists to protect them from prosecution. Learn more about the Romeo and Juliet law in Texas.

Marriage Defense: If the defendant and the alleged victim were legally married at the time of the offense, this serves as a complete affirmative defense.

Beyond these affirmative defenses, a skilled defense attorney may pursue additional strategies:

False accusation: Unfortunately, false allegations occur. An experienced attorney will investigate the accuser’s credibility, motives, and the circumstances surrounding the disclosure.

Insufficient evidence: The prosecution must prove every element of the offense beyond a reasonable doubt. Your attorney will scrutinize the evidence to identify weaknesses in the state’s case.

Motive to lie: In custody disputes, divorces, or family conflicts, allegations sometimes emerge as leverage. Your attorney will explore any potential motives for fabrication.

Lack of opportunity: If the defendant was never alone with the child, this can undermine the prosecution’s case entirely.

How Varghese Summersett Fights Indecency with a Child Cases

Our legal team has decades of experience defending clients against serious sex crime allegations in Dallas County and throughout Texas. We have secured dismissals, no-bills from grand juries, and favorable outcomes when other attorneys said cases were unwinnable.

Case Example: Our attorneys represented a client charged with two counts of indecency with a child. After a thorough investigation, our defense team demonstrated that the charges should never have been brought. Both counts were dismissed. The client’s record remained clean, and they avoided years in prison and lifetime sex offender registration.

Disclaimer: Past results do not guarantee future outcomes. Every case is different.

With more than 70 lawyers and support staff, four office locations, and attorneys who have achieved over 1,600 dismissals and 800 charge reductions, Varghese Summersett has the resources to handle complex sex crime defense cases. When you’re facing allegations this serious, you need a team with trial experience and a proven record.

Frequently Asked Questions About Indecency with a Child in Dallas

What should I do if I’m accused of indecency with a child?

Contact an experienced criminal defense attorney immediately. Do not speak to police, investigators, or anyone else about the allegations without your lawyer present. What you say can and will be used against you.

Can indecency with a child charges be dropped?

Yes. Charges can be dropped before trial if the prosecution lacks sufficient evidence, if an affirmative defense applies, or if your attorney demonstrates problems with the investigation. Grand juries can also decline to indict (called a “no-bill”), which prevents charges from being filed.

Is indecency with a child the same as sexual assault of a child?

No. Sexual assault of a child involves penetration and carries harsher penalties, including up to life in prison for aggravated sexual assault. Indecency with a child involves contact without penetration or exposure.

Can I be charged if the child touched me?

Yes. The statute covers causing a child to engage in sexual contact, which means you can be charged if you allegedly caused the child to touch your body, even if you did not touch theirs.

Will I go to jail while my case is pending?

Not necessarily. Bond is typically available for indecency charges in Dallas County. Your attorney can advocate for reasonable bond conditions so you can remain free while fighting your case.

Talk to a Dallas Indecency with a Child Lawyer Today

Being accused of indecency with a child can upend your entire life. You may have already lost your job. Your family may be struggling to understand the accusations. The stress and uncertainty can feel overwhelming.

An experienced Dallas indecency with a child lawyer from Varghese Summersett can help you navigate this difficult time and fight for the best possible outcome. Our team has the experience, resources, and determination to defend you against these serious allegations.

Call 214-903-4000 today for a free consultation. Find out why Varghese Summersett is the firm people turn to when facing the most challenging moments of their lives.