Texas Indecency with a Child Defense Lawyers

Two Types of Indecency with a Child

Texas Penal Code §21.11 defines two distinct forms of indecency with a child:

Indecency by Contact — §21.11(a)(1)

A person commits this offense by engaging in sexual contact with a child younger than 17, or by causing the child to engage in sexual contact. “Sexual contact” means any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person. The touching can be through clothing.

Indecency by contact is a second-degree felony:

• 2 to 20 years in the Texas Department of Criminal Justice
• Fine of up to $10,000
• Sex offender registration — lifetime if the victim is under 17
• Probation may be available in some circumstances

Indecency by Exposure — §21.11(a)(2)

A person commits this offense by exposing the person’s anus or any part of the person’s genitals, knowing the child is present, with intent to arouse or gratify the sexual desire of any person.

Indecency by exposure is a third-degree felony:

• 2 to 10 years in the Texas Department of Criminal Justice
• Fine of up to $10,000
• Sex offender registration
• Probation may be available

The “Intent to Arouse or Gratify” Element

Both forms of indecency require proof that the conduct was done with the intent to arouse or gratify the sexual desire of any person. This is a critical element because it separates criminal conduct from innocent physical contact. A parent bathing a child, a doctor conducting a medical examination, or an accidental exposure are not criminal acts because the intent element is absent.

The prosecution typically attempts to prove intent through the circumstances of the contact or exposure, i.e. the setting, the nature and duration of the touching, whether the defendant attempted to conceal the conduct, and the defendant’s statements. Doug challenges the prosecution’s evidence of intent and presents alternative explanations for the alleged conduct.