"Indecency With a Child" sounds like a single Texas criminal offense.
But Texas Penal Code §21.11 actually covers significantly different conduct—and the distinction can change the felony level and punishment range.
The two principal forms are commonly described as:
- Indecency With a Child by Sexual Contact
- and
- Indecency With a Child by Exposure.
Sexual contact is generally a second-degree felony.
Exposure is generally a third-degree felony.
That difference can mean the difference between maximum prison exposure of 20 years and 10 years before any additional enhancement issues are considered.
At Taylor Defense Firm, we begin by determining exactly what the State alleges:
- Is sexual contact alleged?
- Is exposure alleged?
- What specific act does the State claim occurred?
- How old was the child?
- When and where did the alleged event occur?
- How was the allegation first disclosed?
- What forensic, medical, digital, or witness evidence exists?
- And which punishment range actually applies?
What Is Indecency With a Child?
Texas Penal Code §21.11 applies to specified conduct involving a child younger than 17 years of age.
The statute applies whether the child is of the same or opposite sex as the accused.
Texas law also expressly provides that the offense can apply regardless of whether the accused knew the child's age at the time of the alleged offense.
The statute then divides the prohibited conduct into different categories.
Indecency With a Child by Sexual Contact
One form of the offense occurs when a person:
- engages in sexual contact with the child
- or
- causes the child to engage in sexual contact.
"Sexual contact" has a specific statutory definition.
The touching must be committed with the intent to arouse or gratify the sexual desire of any person.
Depending upon the statutory circumstances, sexual contact can include touching through clothing.
The prosecution therefore must prove more than the mere occurrence of physical contact.
The nature of the touching and the required intent matter.
What Is the Punishment for Indecency by Sexual Contact?
Indecency With a Child by Sexual Contact under §21.11(a)(1) is generally a second-degree felony.
The ordinary punishment range for a second-degree felony is:
- 2 to 20 years in prison; and
- a possible fine of up to $10,000.
Additional legally applicable enhancement provisions can increase the punishment in particular cases.
Indecency With a Child by Exposure
Texas law separately criminalizes certain exposure-related conduct.
Under §21.11(a)(2), the State may allege that a person, with intent to arouse or gratify the sexual desire of any person:
- exposed the person's anus or any part of the person's genitals, knowing the child was present;
- or
- caused the child to expose the child's anus or any part of the child's genitals.
This is different from an allegation involving sexual contact.
What Is the Punishment for Indecency by Exposure?
Indecency With a Child by Exposure under §21.11(a)(2) is generally a third-degree felony.
The ordinary punishment range for a third-degree felony is:
- 2 to 10 years in prison; and
- a possible fine of up to $10,000.
The distinction between contact and exposure therefore has a direct effect on the ordinary punishment range.
Intent Is an Element
The required sexual intent can become a major issue.
Not every touching involving a child is sexual contact under §21.11.
Likewise, not every circumstance in which a child sees an unclothed adult necessarily establishes Indecency With a Child by Exposure.
The statute requires the particular mental state specified for the charged conduct.
The State must prove that element beyond a reasonable doubt.
Context Can Matter in Determining Intent
Intent frequently must be determined from circumstances rather than a direct statement of what a person was thinking.
Evidence may include:
- what allegedly happened;
- where touching occurred;
- duration;
- statements;
- surrounding conduct;
- communications;
- prior or subsequent conduct when legally admissible;
- witness testimony; and
- other circumstances.
Innocent explanations should also be investigated where supported by the evidence.
The Child's Age Matters
Section 21.11 generally concerns a child younger than 17.
The exact age should be established rather than assumed.
Age can also become important when evaluating statutory affirmative defenses and whether the alleged conduct could support other sexual offenses carrying different punishment ranges.
Texas Law Contains a Close-in-Age Affirmative Defense
Section 21.11 contains a statutory affirmative defense in certain circumstances involving individuals who are close in age.
Among its requirements, the actor must generally have been not more than three years older than the alleged victim, and the statute contains additional conditions that must also be satisfied.
The defense is not simply:
"They were close in age."
Every statutory requirement must be examined.
Marriage Is Also Addressed by the Statute
Section 21.11 contains an affirmative defense when the actor was the spouse of the child at the time of the offense.
As with any statutory defense, the actual facts and current governing law should be examined rather than assumed.
A Child's Outcry Can Begin the Entire Investigation
Many Indecency With a Child cases begin with a statement made to:
- a parent;
- sibling;
- friend;
- teacher;
- counselor;
- medical professional;
- CPS investigator;
- police officer; or
- another adult.
The first disclosure should be identified carefully.
We want to know:
- Who first heard the allegation?
- What exactly did the child say?
- What questions were asked?
- Was anyone else present?
- Had the child discussed the allegation with someone previously?
- What happened between the first disclosure and the formal forensic interview?
The Development of the Allegation Matters
A final police report may contain a detailed accusation.
That does not necessarily tell us how the allegation began.
The timeline may look more like:
event allegedly occurs → child speaks to sibling → sibling speaks to parent → parent questions child → another family member becomes involved → police contacted → CPS contacted → forensic interview conducted.
Each stage may produce additional statements.
Comparing those statements can reveal:
- consistency;
- new details;
- omitted details;
- contradictions;
- possible suggestion;
- possible reinforcement; or
- corroboration.
Forensic Interviews Should Be Reviewed in Full
A Child Advocacy Center interview may become some of the most important evidence in the case.
The recording can show things a written summary cannot.
We may examine:
- What did the child volunteer without prompting?
- What questions were asked?
- Were questions repeated?
- Were facts introduced by the interviewer?
- Did answers change after additional questioning?
- Did the child say "I don't know" or "I don't remember"?
- Were alternative explanations explored?
The actual interview is evidence.
A summary of the interview is someone else's description of that evidence.
Repeated Questioning Does Not Automatically Mean the Allegation Is False
Children may naturally discuss troubling events with several adults.
Repetition alone does not establish unreliability.
But the sequence of questioning can matter when evaluating:
- memory;
- suggestion;
- reinforcement;
- source confusion;
- contamination; and
- the origin of particular details.
The defense should reconstruct who spoke with the child, in what order, and about what.
Family Dynamics Can Be Relevant
Child allegations sometimes arise within complicated family situations.
Relevant circumstances can include:
- divorce;
- custody disputes;
- visitation conflicts;
- discipline;
- blended families;
- parental relationships;
- financial disputes;
- hostility between adults; or
- other family tensions.
The existence of conflict does not prove that an allegation is false.
But motive, bias, influence, and the circumstances surrounding disclosure may be relevant and should be investigated when supported by evidence.
Medical Evidence May Be Limited or Absent
Some allegations involve conduct that would not necessarily produce physical injury.
Medical evidence therefore must be interpreted according to the conduct actually alleged.
The absence of injury does not automatically disprove Indecency With a Child.
Likewise, an abnormal medical finding does not automatically identify who caused it or establish the circumstances under which it occurred.
DNA May or May Not Be Relevant
Many Indecency With a Child cases do not involve biological evidence.
Others may involve:
- clothing;
- bedding;
- skin swabs;
- underwear;
- objects; or
- other forensic evidence.
When DNA testing exists, the defense should determine:
- What was tested?
- Where was the sample collected?
- What type of biological material was found?
- Was the profile complete or mixed?
- What does the laboratory actually conclude?
- Could ordinary household or family contact provide an alternative explanation?
The significance of DNA depends upon the allegation and context.
Digital Evidence Can Be Extremely Important
Depending upon the child's age and circumstances, relevant evidence may exist in:
- text messages;
- phones;
- social media;
- photographs;
- videos;
- gaming communications;
- messaging applications;
- search histories;
- location information; or
- other digital records.
Digital evidence may corroborate an allegation, contradict it, establish a timeline, or provide context missing from witness accounts.
Statements by the Accused Should Be Examined Carefully
Police may seek an interview before or after arrest.
In child sexual-offense investigations, questioning can be lengthy and accusatory.
We examine:
- Was the interview voluntary?
- Was the person in custody?
- Were Miranda warnings required?
- Was the entire interview recorded?
- What did investigators tell the accused?
- What admissions were actually made?
- Were hypothetical statements later characterized as admissions?
- Does other evidence corroborate the statement?
The complete interview should be reviewed rather than relying only upon the officer's written summary.
One Allegation Can Produce Multiple Counts
A child may describe more than one alleged event.
Prosecutors may charge:
- multiple counts of Indecency With a Child;
- both contact and exposure;
- Sexual Assault;
- Aggravated Sexual Assault;
- Continuous Sexual Abuse; or
- other offenses depending upon the alleged conduct.
Each count should be analyzed independently.
We want to know:
- What exact act supports this count?
- When allegedly did it happen?
- What evidence supports it?
- Is the same alleged act being used to support another charge?
A multi-count indictment should not be treated as one generalized accusation.
Indecency and Aggravated Sexual Assault Are Different Offenses
Touching, penetration, exposure, age, and other circumstances can lead to substantially different Texas charges.
An allegation described informally as "child sexual abuse" does not identify the actual offense.
The charging instrument should be compared directly with the Penal Code.
That determines the elements the State must prove and the punishment the defendant actually faces.
Indecency Can Also Matter in a Continuous Sexual Abuse Prosecution
Certain acts constituting Indecency With a Child by Sexual Contact can qualify as acts of sexual abuse for purposes of Texas's Continuous Sexual Abuse statute when the statutory requirements are satisfied.
That can dramatically change the structure and punishment of a prosecution involving allegations occurring repeatedly over time.
Sex-Offender Registration Can Be a Major Consequence
Indecency With a Child is among the Texas offenses that can create sex-offender-registration consequences.
The precise registration requirements depend upon the subsection of conviction, disposition, and applicable Chapter 62 provisions.
Registration consequences can affect:
- residence;
- employment;
- reporting;
- travel;
- interaction with minors;
- internet-related requirements where applicable;
- community notification; and
- criminal exposure for failure to comply.
Registration should be analyzed as part of the consequences of a proposed disposition, not discovered afterward.
Prior Sexual-Offense Convictions Can Change Punishment
Texas contains special enhancement provisions for qualifying repeat sexual offenders.
A prior conviction may therefore have consequences far beyond ordinary repeat-felony enhancement rules.
The defense should determine:
- What is the exact prior offense?
- Is it final?
- Does it qualify under the enhancement statute?
- Can the State prove identity?
- Does the statute require a particular sequence?
- What punishment range actually results?
Prior sexual-offense history should be analyzed from the judgments and statutes rather than merely from a criminal-history printout.
What Punishment Does the Defendant Actually Face?
For the basic offense:
Indecency With a Child by Sexual Contact
is generally a second-degree felony:
2 to 20 years in prison and a possible fine up to $10,000.
Indecency With a Child by Exposure
is generally a third-degree felony:
2 to 10 years in prison and a possible fine up to $10,000.
But that is only the starting point.
The final punishment analysis can depend upon:
- prior convictions;
- special sexual-offense enhancements;
- multiple counts;
- findings;
- the exact subsection charged; and
- other legally applicable punishment provisions.
Build the Case Act by Act
At Taylor Defense Firm, we may organize an Indecency With a Child case as:
EVIDENCE TIMELINE
family/relationship history → alleged event → first disclosure → adult questioning → additional disclosures → CAC/forensic interview → police investigation → medical evidence → physical evidence → DNA → digital evidence → accused's interview → charging decision → punishment and registration analysis.
For each charged count, we ask:
- Is the State alleging contact or exposure?
- What exact act is alleged?
- Does the alleged conduct satisfy the statutory definition?
- Can the State prove the required intent?
- How old was the child?
- How did the allegation first develop?
- Did the account change through repeated questioning?
- What does the forensic interview actually show?
- What corroborating or contradictory evidence exists?
- Is there physical or digital evidence?
- Does a statutory affirmative defense apply?
- Are additional sexual offenses alleged?
- What registration consequences apply?
- And what is the actual punishment range?
Indecency With a Child allegations carry serious criminal and lifelong collateral consequences.
The defense begins by identifying precisely what conduct the State alleges—because under Texas law, the difference between contact and exposure changes both what must be proven and the punishment the accused faces.