Indecency with a Child in Texas
Indecency with a Child is a serious felony offense in Texas. It can be found in Texas Penal Code Section 21.11. which covers both Indecency with a Child by Exposure and Indecency with a Child by Contact.
Who is a minor in Texas for purposes of Indecency with a Child?
A child is someone under the age of 17 in Texas. Texas law allows accusations of Indecency with a Child to be brought without any evidence the accused knew the age of the alleged victim.
What’s the difference between Indecency with a Child by Contact and Indecency with a Child by Exposure in Texas?
| Indecency by Contact | Indecency by Exposure | |
| Mental State | Intent to gratify the sexual desire of any person | Intent to gratify the sexual desire of any person |
| Act | The person sexual contacts, or causes the minor to sexually contact them | Exposure of the anus or genitals to the minor, or of the minor |
| Includes | Touching through the clothing of breast, anus, or genitals | Exposure of any part of the genitals |
| Punishment | 2-20 years and up to $10,000 fine | 2-10 years and up to $10,000 fine |
| Does Not Require | Penetration of any type | Contact of any type |
| Does Not Require | Physical evidence, or any other witness | Physical evidence, or any other witness |
| Offense Level | Second Degree | Third Degree |
| Sex Offender Registration | Lifetime | 10 years |
What is considered indecency with a child?
Any exposure of the anus or genitals to or of a minor for sexual gratification is indecency by exposure. Any contact with or to the anus, genitals, or breast of a minor that is not penetration (which would be sexual assault) for sexual gratification is indecency by contact in Texas. This is also referred to as Indecency-Fondling.
What is the statute of limitations for indecency with a child in Texas?
There is no statute of limitations for Indecency by Contact or Indecency by Exposure in Texas.
How many years do you get for indecent exposure?
Indecency by Exposure is punishable by up to 10 years in prison.
Indecency by Contact is punishable by up to 20 years in prison.
Does Indecency with a Child require registration as a sex offender in Texas?
Yes. Indecency with a child by contact in Texas requires lifetime registration as a sex offender. Indecency with a child by exposure requires 10 years of registration as a sex offender.
Facing Accusations? Contact Us.
If you or a loved one is facing a child sex allegation, it’s imperative that you contact a skilled attorney who is skilled at handling these type of cases immediately. We can help. Our team has vast experience handling child sex allegations and a proven record of results. Call today for a free consultation. (817) 203-2220.
