Section 21.11 of the Texas Penal Code spells out the elements involved in the crime of indecency with a child.
Some of the acts that can lead to allegations of indecency with a child include:
- Exposing the anus or genitals when a child is present
- Causing a child to be exposed for sexual gratification
- Engaging in sexual contact with a child under 17
Penalties for Indecency with a Child
Indecency with a child is a felony with harsh penalties. These penalties are typically not as severe as the penalties for child molestation or child sexual assault but can nonetheless be devastating. In addition to prison time, a defendant may also face fines, restitution and be required to register as a sex offender. There are several affirmative defenses to the crime of indecency with a child and these defenses can help to mitigate the sentence. A few of the affirmative defenses allowed by Texas law include:
- The defendant was no more than 3 years older than the victim, and of the opposite sex
- No force or threats of force were made against the victim
- Defendant was not required to register as a sex offender
- Defendant has no other reportable convictions
Aggressive legal representation
James Alston is a former Assistant District Attorney for Harris County, Texas. During his 12-year stint as an assistant prosecutor, Mr. Alston worked on hundreds of criminal cases including many that involved indecency with a child. Since he knows the techniques Houston prosecutors use to secure convictions, he can adequately defend those who are facing these criminal charges. For a free consultation, call (713) 228-1400.