Crimes involving children frequently carry steep penalties, and that is especially true when it comes to sexually-based offenses. While the State aggressively pursues convictions in these cases, it is important to remember that you have the right to defend yourself.

Under Section 21.11 of the Texas Penal Code, a person commits the offense of indecency with a child if they engage in specific sexual acts with a child under the age of 17. Two primary actions constitute this offense:

• Engaging in sexual contact with the child or causing the child to engage in such contact

or;

• With the intent to arouse or gratify sexual desire, either exposing one’s own genitals or anus in the child’s presence or causing the child to expose their own genitals or anus.

Note: A “child” is defined as younger than 17 years of age whether the person knows the age of the child or not and it applies regardless of the child’s gender.

Indecency by Sexual Contact

The law defines “sexual contact” to encompass a variety of touching acts. This can involve the touching of a child’s anus, breast, or genitals by an adult, as well as the adult touching their own body parts against a child’s body. The intent behind these actions is crucial, as they must be performed with the aim of arousing or satisfying the sexual desires of any person.

Note: Sexual contact includes touching acts performed through clothing.

Indecency by Exposure

This offense does not involve any physical contact with a person under the age of 17. Instead, this offense occurs when an adult exposes the genitalia of a child or causes the child to become exposed with the intention of sexual arousal.

Penalties for a Conviction

If you are found guilty of indecency with a minor involving sexual contact, you will face the penalties that come with a second-degree felony. This may include a prison term between two and 20 years and a fine not to exceed $10,000. For indecency by exposure, your maximum term of incarceration is shortened to 10 years.

You could face other consequences outside of jail time and fines. These collateral consequences can impact your ability to keep a job or find a suitable place to live. Convictions for indecency with a minor can have a harmful impact on your parental rights and also land you on the Texas sex offender registry.

Talk to an Attorney About Your Defense Options

There are few allegations more sensitive than indecency with a minor. The State aggressively pursues convictions in cases related to child victims, even when the evidence is lacking. This can lead to convictions based on flimsy evidence or disputed claims.

The team at Barton & Associates, Attorneys at Law, PLLC, can help you defend yourself in these situations. With the right approach, it may be possible to avoid a conviction or negotiate a lesser charge. Reach out as soon as possible to schedule your initial consultation with Barton & Associates, Attorneys at Law, PLLC.