What Is Indecency with a Child in Texas? Laws, Charges, and Penalties

In Texas, indecency charges generally involve sexual contact with a child under 17 or exposing a child to sexual conduct. These offenses are prosecuted vigorously and carry severe penalties, including lengthy prison sentences, mandatory sex offender registration, and long-term consequences that can affect your reputation, employment, and personal relationships.

Types of Charges and Penalties

Texas law divides indecency with a child into two categories: exposure and contact. Each carries different charges and penalties, and the distinction between them affects how prosecutors build a case and what you could be facing if convicted.

Indecency With a Child by Exposure

Indecency with a child by exposure occurs when a person exposes themselves to a child under 17 with the intent to arouse or gratify sexual desire. The charge does not require any physical touching to apply:

• Intent requirement: The prosecution must prove the exposure was done with sexual intent, not by accident or misunderstanding.
• Age of the child: The alleged victim must be younger than 17 at the time of the incident.
• No physical contact needed: The charge applies even when no touching occurred, as the act of exposure itself is the offense.
• Charge: Third-degree felony.
• Penalties: 2 to 10 years in prison and fines up to $10,000.

A third-degree felony conviction stays on your record permanently. You would also face mandatory sex offender registration, which affects where you can live, work, and spend time in your community.

Indecency With a Child by Contact

Indecency with a child by contact involves touching a child under 17 on or through clothing, or causing the child to touch another person, with the intent to arouse or gratify sexual desire. The law covers a broad range of conduct:

• Types of contact: Any touching of the genitals, breast, or anus of a child, even over clothing, qualifies under the statute.
• Causing a child to touch: If the accused causes the child to engage in contact with another person’s body, the charge still applies.
• Intent to arouse: The state must show the contact was motivated by sexual desire rather than incidental or accidental.
• Charge: Second-degree felony.
• Penalties: 2 to 20 years in prison and fines up to $10,000.

Under Texas Penal Code § 21.11, both exposure and contact offenses carry felony-level consequences. A second-degree felony conviction can follow you for the rest of your life and limit your ability to find housing, employment, and maintain personal relationships. A conviction requires mandatory lifetime registration as a sex offender.

Speaking with criminal defense lawyers can help you determine potential strategies to obtain a dismissal or reduced charges whenever possible.

What to Do if You Are Charged With Indecency With a Child

Being charged with indecency with a child is overwhelming, but what you do in the first few days matters. Taking the right steps early can protect your rights and give your defense the strongest possible foundation:

• Do not speak to law enforcement without an attorney present
• Do not contact the alleged victim or their family
• Write down everything you remember about the events in question
• Gather any text messages, photos, or records that may be relevant
• Avoid discussing the case on social media or with anyone other than your lawyer

Even if you believe the allegations are false, anything you say can be used against you. Staying calm and letting your attorney handle communication with investigators is one of the most important things you can do right now.

Defending Indecency with a Child Charges

A felony charge is not the same as a conviction. Several defense strategies may apply depending on the facts of your case, and your lawyer should evaluate every angle when building a defense:

• False allegations: Accusations sometimes arise from custody disputes, personal conflicts, or misunderstandings, and the evidence may not support them.
• Lack of intent: The prosecution must prove sexual intent beyond a reasonable doubt. Accidental or innocent contact does not meet that standard.
• Insufficient evidence: If the state’s case relies on inconsistent statements or lacks corroborating evidence, the charges may not hold up.
• Constitutional violations: If law enforcement violated your rights during the investigation, such as conducting an unlawful search or failing to read your Miranda rights, that evidence may be excluded.

Under Texas Code of Criminal Procedure Art. 38.23, evidence obtained in violation of the law cannot be used against you at trial. Defense lawyers look at every detail of how the investigation was conducted to determine whether your rights were violated at any stage.

Contact a Collin County Criminal Defense Lawyer

If you or someone you love is facing indecency with a child charges, the time to act is now. Our criminal defense lawyers at Collin County Law Group have handled these cases before and understand what is at stake for you and your family. Contact our firm at (972) 548-7167 or reach out online to speak with our Collin County criminal defense lawyers. We provide free consultations for people facing criminal charges.