What Is Indecency With a Child Under Texas Law?

Indecency with a child is a felony that covers sexual contact with a child younger than 17 and certain acts of exposure in a child’s presence. Section 21.11 of the Texas Penal Code splits the offense into two parts, and the part the state charges shapes both the punishment range and how long sex offender registration lasts.

The law applies whether the child is the same or opposite sex as the accused, and it applies even when the accused did not know the child’s age.

What Counts as Sexual Contact in an Indecency Case?

The indecency statute defines sexual contact as touching a child’s genitals, anus, or breast, or touching a child with those parts of one’s own body, including through clothing.

Either kind of touching qualifies only if it was done with intent to arouse or gratify the sexual desire of any person. That intent is a separate element the state has to prove, so proof of a touching alone does not establish the offense.

Indecency by Contact and Indecency by Exposure Are Two Different Charges

Each subsection covers different conduct and carries a different felony grade:

What Are the Penalties for Indecency With a Child?

Indecency by contact carries 2 to 20 years in prison under Section 12.33 of the Penal Code, which sets the range for second degree felonies, while the third degree felony punishment statute sets 2 to 10 years for indecency by exposure. Either grade can also bring a fine of up to $10,000. For someone with a prior conviction for indecency with a child or another listed sex offense, Section 12.42 of the Penal Code requires a life sentence on a new conviction for indecency by contact.

Judge-ordered community supervision, a form of probation a judge can impose after a conviction, is not available on either charge. Article 42A.054 of the Texas Code of Criminal Procedure lists indecency with a child among the offenses excluded from that option.

Deferred adjudication works differently: a judge postpones a finding of guilt while the accused serves a period of supervision. Under the deferred adjudication eligibility statute, a judge may grant it on this charge only after finding in open court that it serves the best interest of the victim, and it is unavailable to someone previously placed on community supervision for indecency with a child or certain other sex offenses. For someone with no such history, deferred adjudication remains possible, and that finding becomes a key issue.

Does an Indecency Conviction Require Lifetime Sex Offender Registration?

Sometimes. Indecency by contact generally brings lifetime registration, while indecency by exposure ordinarily carries a ten-year term.

Article 62.001 of the Code of Criminal Procedure classifies indecency by contact as a sexually violent offense when the accused was 17 or older at the time. The registration law also counts a deferred adjudication as a reportable adjudication, so these registration rules apply even when a case ends in deferred adjudication rather than a conviction. For a sexually violent offense, the state’s rule on when registration ends keeps the duty in place until the person dies, subject to exceptions the statute lists.

For indecency by exposure, the ten years run from whichever of these events comes last:

• The court dismisses the proceedings and discharges the person
• The person is released from a penal institution
• The person completes community supervision

Because the clock starts at release or discharge rather than at conviction, the ten years do not begin while a person is still in prison or on supervision. An exposure-based duty also becomes a lifetime duty if the person has or later receives another reportable conviction or adjudication for an offense that requires registration. That is why the subsection charged sits at the center of defending against child sexual abuse allegations.

Is There a Statute of Limitations on Indecency With a Child?

No. Article 12.01 of the Code of Criminal Procedure places indecency with a child on its list of felonies with no limitation period. That means an indictment, the formal charge a grand jury returns, can be presented no matter how many years have passed.

Accusations can surface long after the events they describe, when records and witness memories that might settle the facts are harder to find. For someone facing an older allegation, early work on the evidence matters more, not less.

When Does the Close-in-Age Defense Apply to Indecency With a Child?

Only in narrow circumstances. The indecency statute includes what is often called a close-in-age or Romeo and Juliet defense. It is an affirmative defense, which the accused must prove, and it applies only when all three of these conditions are met:

• The accused was not more than three years older than the child and of the opposite sex
• The accused did not use duress, force, or a threat against the child at the time of the offense
• At the time of the offense, the accused either was not required to register for life under the state’s sex offender registration law or did not have a reportable conviction or adjudication for indecency with a child

A separate affirmative defense applies when the accused was the child’s spouse at the time of the offense. When neither defense fits, the case turns on whether the state can prove each element of the charge.

Facing an Indecency With a Child Charge in Texas

An accusation like this can put your job, your family, and your future in question all at once. The charging decision, the punishment range, and the registration term are all in play from the first days of a case, and those questions belong with a defense lawyer, not an investigator.

At HGC Law Firm PLLC, we prepare each case on the assumption that it will go to a jury verdict, and our reputation for taking cases to trial gives our clients real leverage, even when negotiating.

If you are facing an indecency with a child charge in Texas, call 210-222-9132 or contact us to schedule a consultation.