What is “indecency with a child ” ?
Firstly, According to Section 21.11 of the Texas Penal Code, having sexual contact with a child is obscene and illegal. Indecency with a child by contact occurs when a person does any of the following:
makes contact with the breast, anus, or any part of the genitals of a child; or
causes the child to come into sexual contact with any part of the reproductive organs of a person
This contact is considered illegal regardless of whether the touching occurred over or under the child’s clothing. Also, an important aspect of this crime is the intent for sexual gratification. This means that when a person instigates sexual contact for the purpose of sexually gratifying himself, he is guilty of indecency with a child by contact.
Having sexual contact with a child in Texas is a criminal offense, so it becomes necessary to look legal assistance if you are charged with this crime. Therefore, experienced attorney can represent you in the legal system and ensure you are preserved fairly under the law.
Charges of Indecency with a Child in Texas
Indecency with a child falls under Texas Penal Code § 21.11. There are 2 different types of indecency with a child:
- Indecency with a child through sexual contact
- Indecency with a child by exposure
Both are very serious charges that can result in lengthy prison sentences. If you are facing either charge, you need an experienced attorney to protect your rights.
Indecency with a child by sexual contact
This version of the crime occurs when a person involves in sexual contact with a child who is under the age of 17 and who is not that person’s spouse. “Sexual contact” is defined as: “The touching by a person of any part of the anus, breast or genitals of a child, including touching through clothing” when done “with the committed to arouse or gratify the sexual wish of any person.”
This crime does not require penetration of a person’s bodily orifices, otherwise, the crime would be reduced to sexual assault. Meanwhile, The conduct involved here is commonly referred to as “fondling,” which may sound less serious than actual sexual conduct but can still consequence in a very thoughtful criminal charge if you are convicted.
Indecency with a child by exposure
Indecency with a child by experience occurs when a person exposes any part of the anus or genitals in the known presence of a child or forces the child to expose any part of the anus or genitals “with the intent to stimulate or gratify the sexual desire of any person.”
While this is often called “flashing,” the actual circumstances in which this can occur are extremely varied. In every case, it is a serious charge that carries high penalties.
Penalty for indecency with a child in Texas?
Indecency with a child by interaction is a second-degree crime in Texas. Section 12.33 of the Texas Penal Code sets forth the penalties for a second-degree crime in the state. According to Texas law, a second-degree crime is punishable by:
- Up to 20 years imprisonment in the Texas (DCJ) Department of Criminal Justice; and
- Fine of up to $10,000.
Indecency with a child by contact is a offence of the third degree. It is disciplinary by:
- Among 2 and a maximum of up to 10 years in prison
- Maximum possible fine of up to $10,000
In addition to custody and financial penalties, this crime could have a significant impact on a person’s reputation and future. Moreover, Being charged with indecency with a child by contact can affect where they live and work, as well as how they are viewed in their community. Fortunately, there are defenses available to minimize the consequences of this crime.
What’s The Difference Between Indecency With A Child By Contact And Exposure In Texas?
| Indecency by Contact | Indecency by Exposure | |
| Mental State | Intent to satisfy the sexual desire of any person | Intent to gratify the sexual desire of any person |
| Act | The person sexually contacts, or causes minor to contact them sexually | Exposure of the anus or genitals to the minor, or of the minor |
| Include | Touching over the clothing of breast, anus, or genitals | Exposure of any part of the genitals |
| Penalty | 2-20 years and up to $10,000 fine | 2-10 years and up to $10,000 fine |
| Require Not | Penetration of any type | Contact of any type |
| Require Not | Physical evidence, or any other witness | Physical evidence, or any other witness |
| Offense Level | Second Degree | Third Degree |
| Sex Offender Registration | Lifetime | 10 years |
Conclusion
With an experienced attorney by your side, you can mount a strong defense that will protect your constitutional rights. You don’t have to face these charges alone.