Indecency with a Child is defined in Section 21.11 of the Texas Penal Code. For the purposes of this offense, a “Child” is considered a person younger than 17 years of age. The child can be of the opposite or same sex as the accused.
A defendant commits Indecency with a Child if they:
(1) engage in sexual contact with the child or cause the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire of any person:
- expose their anus or any part of their genitals, knowing the child is present; or
- cause the child to expose the child’s anus or any part of the child’s genitals
Indecency with a Child does not apply when:
- The accused is no more than 3 years older than the child AND of the opposite sex
- did not use duress, force, or a threat against the victim at the time of the offense; and
- at the time of the offense
- Was not a Registered Sex Offender, or
- Has a conviction under Section 62 of the Texas Code of Criminal Procedure
Note: All three of the above conditions have to apply for the accused to use this section as a defense
Indecency with a Child also does not apply if the accused and child were married at the time of the sexual conduct.
It is NOT a defense to this charge that the accused did not know the child’s age at the time of the sexual conduct.
If you or a loved one has been charged with Indecency with a Child, please call Carter Criminal Defense for a free consultation today at (214) 699-8864