Indecency With a Child in Texas: Charges, Penalties & Defenses

Few accusations carry consequences as severe as indecency with a child.

Under Texas Penal Code § 21.11, a single allegation can lead to years in prison, lifetime sex offender registration, and permanent damage to your reputation. In many cases, the accusation alone is enough to impact your job, your family, and your future.

What happens in the first 48 hours matters. Early decisions—what’s said, what’s assumed, what’s documented—can shape the entire direction of your case.

At the Law Offices of Richard C. McConathy, we defend clients across Dallas–Fort Worth facing these charges and know how aggressively they are prosecuted. Cases like this fall under the scope handled by a Sex Crimes Defense Attorney Dallas, where experience and precision are critical from the start.

This guide explains how Texas defines the offense, the penalties involved, and the defense strategies used to protect your future.

What Is Indecency With a Child Under Texas Law?

Indecency with a child is defined in Texas Penal Code § 21.11. The law applies when a person is alleged to have engaged in certain sexual acts with a child younger than 17.

The statute covers two distinct types of conduct:

• Indecency by contact: Touching any part of a child’s anus, breast, or genitals, including through clothing, with intent to arouse or gratify sexual desire.
• Indecency by exposure: Exposing one’s own genitals or anus, or causing the child to expose theirs, with the same intent.

The age of the child controls. The statute does not require the prosecution to prove the accused knew the child was under 17. That mistake-of-age argument is generally not available as a defense.

How Indecency Differs From Sexual Assault

Indecency with a child is often confused with sexual assault of a child under Penal Code § 22.011. The difference matters because the penalties are different and the elements the State must prove are different.

Sexual assault of a child requires penetration or specific sexual conduct. Indecency by contact involves touching short of penetration. Indecency by exposure involves no physical contact at all.

A single incident can sometimes lead to both charges, especially when the State is unsure which conduct the evidence will support at trial.

Penalties for Indecency With a Child in Texas

Texas treats indecency with a child as a felony, but the level depends on the type of conduct alleged.

• Indecency by contact: Second-degree felony. Punishable by 2 to 20 years in prison and a fine of up to $10,000.
• Indecency by exposure: Third-degree felony. Punishable by 2 to 10 years in prison and a fine of up to $10,000.

A second-degree felony can be enhanced to a first-degree felony if the accused has a prior conviction for certain sexual offenses. A first-degree felony carries 5 to 99 years or life in prison.

Sex Offender Registration

A conviction triggers mandatory registration under Chapter 62 of the Texas Code of Criminal Procedure. For indecency with a child by contact, the registration requirement is lifetime. For indecency by exposure, it is 10 years following the end of the sentence.

Registration is not a side effect. It restricts where you can live, where you can work, who you can be near, and what your online presence looks like. For many clients, registration is the single most disruptive consequence of a conviction.

Other Long-Term Consequences

Beyond prison and registration, a conviction can affect:

• Employment: Background checks reveal the conviction permanently.
• Housing: Many landlords deny rental applications from registered sex offenders.
• Custody: Family courts may restrict access to your own children.
• Immigration status: Indecency with a child is treated as an aggravated felony under federal law and can lead to deportation.
• Professional licenses: Many state boards revoke licenses upon a felony sex offense conviction.

What the Prosecution Must Prove

To convict, the State must prove each element beyond a reasonable doubt:

• The defendant engaged in the alleged contact or exposure.
• The child was under 17 at the time.
• The contact or exposure was committed with the intent to arouse or gratify sexual desire.

Intent is often the hardest element for the prosecution. Many indecency cases hinge on whether ordinary contact (helping a child dress, applying medicine, or roughhousing) was misinterpreted or recharacterized after the fact.

Common Defenses to Indecency With a Child Charges

Every case is fact-specific, but our attorneys evaluate several defense angles in nearly every indecency case.

Statutory Affirmative Defenses

Texas law provides affirmative defenses written directly into Penal Code § 21.11. These include:

• The “Romeo and Juliet” defense: The accused was not more than three years older than the child, the conduct was not the result of duress, force, or threats, and the accused is not required to register as a sex offender for a prior offense.
• The spousal defense: The accused was the legal spouse of the child at the time of the conduct.

These defenses do not apply automatically. The accused must raise them and present supporting evidence at trial.

Lack of Intent

Indecency requires the specific intent to arouse or gratify sexual desire. Innocent contact, accidental exposure, or contact for hygiene, medical, or caregiving purposes does not meet that standard. Our attorneys often build a defense around the absence of sexual intent.

False or Mistaken Allegations

False accusations of indecency frequently arise in:

• Contested divorce or custody disputes
• Estranged family conflicts
• Misunderstandings by other adults observing ordinary interactions
• Coaching or suggestive questioning of a young child by a parent, investigator, or authority figure—such as in cases involving improper relationships between educators and students

Our attorneys investigate the timing of the allegation, the relationship history, prior statements made by the alleged victim, and the interview techniques used by police or forensic interviewers.

Faulty Forensic Interviews

Most indecency cases rely heavily on a recorded forensic interview at a Children’s Advocacy Center. The structure of that interview matters. Leading questions, multiple interviews, and outside influence by parents or therapists can taint the child’s account. Defense counsel can challenge the reliability of the interview through expert testimony.

Constitutional Violations

If law enforcement obtained evidence through an unlawful search, an unrecorded interrogation, or by ignoring a request for counsel, our attorneys move to suppress that evidence. Suppression can sometimes gut the State’s case before trial.

What Happens After an Indecency Arrest in Texas

The procedural path of an indecency case is long, and small mistakes early on can cause serious problems later.

The general timeline includes:

• Arrest and magistration: A magistrate sets bond and reads the formal accusation.
• First appearance and bond conditions: The court typically imposes no-contact orders and may restrict the accused from being near children, including their own.
• CPS investigation: Child Protective Services often runs a parallel investigation that can affect family rights even before any criminal trial.
• Indictment: A grand jury must indict before the case proceeds to trial in district court.
• Pretrial motions and discovery: Defense counsel reviews forensic interviews, medical records, and digital evidence.
• Plea or trial: Most cases resolve before trial, but indecency cases go to trial more often than many other criminal matters.

Why Bond Conditions Matter

Bond conditions in indecency cases are restrictive. Common conditions include GPS monitoring, no contact with anyone under 17, no internet access, and no presence at schools, parks, or daycares. Violating a single condition can result in re-arrest and revocation. Our attorneys push back on overly broad conditions and seek modifications when restrictions interfere with employment or family life.

Why Choose the Law Offices of Richard C. McConathy

Indecency cases require a defense attorney who understands the science of forensic interviewing, the procedural rules of Texas sex offense prosecutions, and the local courts where the case will be heard. With more than 35 years of criminal defense experience and over 6,000 cases handled, our firm has the depth and the courtroom experience these cases demand.

We represent clients across Dallas, Tarrant, Denton, Collin, and surrounding counties. Our attorneys investigate every angle of the State’s case, file motions to challenge weak evidence, and prepare every case as if it will go to trial.

If you are facing an indecency with a child charge anywhere in North Texas, contact our Sex Crimes Defense Attorney for free consulation.

Frequently Asked Questions

Is indecency with a child the same as sexual abuse in Texas?

No. Sexual abuse generally describes a broader category of offenses involving children. Indecency with a child is a specific offense under Penal Code § 21.11 that covers sexual contact short of penetration and exposure offenses. The penalty depends on whether the conduct was contact or exposure.

Can an indecency with a child charge be reduced?

Reduction is sometimes possible depending on the strength of the evidence, the credibility of the allegation, and the willingness of the prosecutor to negotiate. Charges have been reduced to lesser offenses such as assault by contact in some cases. Our attorneys evaluate every case for reduction or dismissal opportunities.

How long does the State have to file charges?

For most felony sex offenses involving children, including indecency with a child, Texas law allows extended limitations periods. In many cases, charges may be filed any time before the alleged victim turns 38, though the rule depends on the specific subsection charged. An attorney should review the timeline before assuming a case is too old.

Will I have to register as a sex offender if convicted?

Yes. A conviction for indecency with a child by contact requires lifetime registration. A conviction for indecency by exposure requires a 10-year registration period that begins when the sentence ends. Deferred adjudication can also trigger registration in many cases.

What should I do if CPS contacts me about an indecency allegation?

Do not give a recorded statement, do not consent to a home interview without counsel present, and do not assume the worker is a neutral fact-finder. A CPS investigation can directly affect your criminal case. Speak with our attorneys before responding to any CPS contact.

Can I take a polygraph to prove my innocence?

Polygraphs are not admissible in Texas criminal trials and usually do not help the defense. Police sometimes offer polygraphs as a way to extend an interrogation. Our attorneys generally advise clients to decline polygraph requests until counsel has reviewed the case.