Indecency with a Child in Texas: Laws, Charges, and Penalties

Indecency with a child in Texas is a felony offense involving sexual contact with, or sexual exposure to, a person under 17 years of age. Contact offenses are second-degree felonies punishable by up to 20 years in prison, while exposure offenses are third-degree felonies punishable by up to 10 years in prison. Both versions also carry sex offender registration requirements that outlast any sentence.

What Does the Law Actually Prohibit?

The first question most people ask is, what is indecency with a child under the statute? Texas Penal Code § 21.11 splits the offense into two distinct categories:

• Indecency with a child by contact: Touching the intimate parts of a child, or causing a child to touch the intimate parts of another person, with the intent to arouse or gratify sexual desire. Touching through clothing still counts.
• Indecency with a child by exposure: Exposing one’s intimate parts in a child’s presence, or causing a child to expose themselves, with that same intent.

A conviction does not require physical force, threats, or even skin-to-skin touching. Prosecutors only need to prove the prohibited act occurred and that the child was under 17, which makes these cases move faster than many defendants expect.

Consent from the child is not a defense at any point. Because the statute treats anyone under 17 as legally unable to consent, the state need not show that the child objected or resisted in any way.

Is There a Defense Built Into the Statute?

Yes. The statute includes an affirmative defense, sometimes called the “Romeo and Juliet” provision, that applies to relationships between teenagers who are close in age. To raise it, the accused person must show all of the following:

• They were not more than three years older than the child, and of the opposite sex
• They did not use duress, force, or a threat
• They were not already required to register as a sex offender, or did not already have a reportable conviction under this section

Raising an affirmative defense shifts the burden to the accused, who must prove each element by a preponderance of the evidence. Anyone weighing this option should review the facts with a criminal defense team before committing to it, because a failed affirmative defense can leave a jury with an admission that the conduct occurred.

False allegations also arise more often in these cases than in most criminal matters, particularly during custody disputes or family conflicts. Anyone accused of a sex crime should avoid speaking with investigators before getting legal advice, because early statements often become the centerpiece of the prosecution’s case.

What Are the Penalties for a Conviction?

Sentencing depends on which version of the offense the state charges. The punishment ranges break down as follows:

• Indecency by contact: Second-degree felony, 2 to 20 years in prison, and a fine of up to $10,000.
• Indecency by exposure: Third-degree felony, 2 to 10 years in prison, and a fine of up to $10,000.
• Repeat offenders: Prior convictions for certain sex offenses can elevate the punishment range or trigger an automatic life sentence.

Probation and deferred adjudication may be available in limited situations. However, courts and juries tend to treat these offenses very seriously, and many plea agreements still include sex offender registration requirements.

Under Texas Code of Criminal Procedure Article 12.01, there is no statute of limitations for indecency with a child, meaning charges can be brought many years after the alleged conduct occurred.

What Happens After the Sentence Ends?

Registration is often the most lasting consequence, and it can follow a person for years, or even a lifetime, depending on the version of the offense. Contact convictions generally require registration for life, while exposure convictions typically require registration for around 10 years.

Registration brings restrictions that follow a person into nearly every part of daily life:

• Public listing on the state sex offender registry
• In-person reporting requirements with local law enforcement
• Restrictions on contact with minors, including your own relatives, in some cases

Violating registration requirements is a separate felony offense, meaning even a seemingly minor paperwork lapse can result in new criminal charges and a return to prison. The penalties rarely end when the sentence does. Collateral consequences such as housing denials and employment loss frequently create more lasting disruption than the original conviction.

Talk to Someone About Your Charges Today

We defend clients against indecency with a child charges across North Texas, and the earlier we get involved, the more options you have. Police and prosecutors begin building their case the moment an allegation surfaces, often before you even know an investigation exists.

Waiting to get advice gives the state a head start that becomes harder to overcome with each passing week.

Contact Our Texas Criminal Defense Law Firm For Help Today

If you’re facing criminal charges in Texas, we’re here to help. Contact the experienced criminal defense lawyers at Pelley Law Office, L.L.P., today to schedule a free consultation.

We proudly serve Plano, Dallas, Sherman, and the surrounding areas.

Pelley Law Office L.L.P. – Plano Office
Address: 1312 14th St, Plano, TX 75074
Phone: (972) 608-0335
Hours: 24/7

Our firm is located near you. Find us with our GeoCoordinates: 33.0180322,-96.6952916,863

Pelley Law Office L.L.P. – Sherman Office

Address: 905 N Travis St, Sherman, TX 75090
Phone: (903) 813-4778
Hours: 24/7

Our firm is located near you. Find us with our GeoCoordinates: 33.6445846,-96.6113141,857