Understanding Child Indecency Laws in Texas
Texas law imposes severe penalties for offenses involving indecency with a child, and prosecutors aggressively pursue these cases. Indecency with a child is defined under Texas Penal Code § 21.11 and includes acts involving inappropriate physical contact or exposure to a minor under the age of 17. These offenses can be prosecuted even if the accused was unaware of the child’s age.
Texas law separates indecency with a child into two main categories:
- Indecency with a Child by Contact – This involves any touching of a child’s anus, genitals, or breasts with the intent to arouse or gratify sexual desire. Touching through clothing can still result in prosecution.
- Indecency with a Child by Exposure – This occurs when someone intentionally exposes their genitals or causes a child to expose their own genitals, with the intent to arouse or gratify sexual desire.
Additionally, Texas law allows for enhanced charges in certain situations, such as repeat offenses, cases involving multiple victims, or if the act is combined with other sex crimes.
Penalties for Indecency with a Child Convictions
A conviction for indecency with a child carries life-altering penalties, including lengthy prison sentences and mandatory sex offender registration.
- Indecency with a Child by Contact – A second-degree felony, punishable by 2 to 20 years in prison and fines of up to $10,000.
- Indecency with a Child by Exposure – A third-degree felony, punishable by 2 to 10 years in prison and fines of up to $10,000.
- Sex Offender Registration – Convictions require mandatory registration as a sex offender. Indecency with a child by contact results in lifetime registration, while exposure cases require registration for the length of the sentence plus 10 years.
- Collateral Consequences – A felony conviction for child indecency can severely impact employment, housing, and child custody rights, in addition to the loss of fundamental rights, such as voting and firearm ownership.
Related Offenses
A prosecutor can charge two or more allegations of certain types of indecency with a child by contact that occur more than 30 days apart as one offense of continuous sexual abuse of a child or children. Offenses alleging penetration of a child are charged as sexual assault of a child or aggravated sexual assault of a child.
Resources and Information
Our sex crimes defense attorneys in Dallas are here to help you understand your charges. See our criminal defense resource center for more information on fundamental rights in a criminal case, definitions of culpable mental states (intentionally, knowingly, etc), defenses to prosecution, and more.
Defenses Against Dallas Indecency Charges
Being accused of indecency with a child is a serious and life-altering situation. However, an accusation is not a conviction. There are several legal defenses that can challenge the prosecution’s case and protect your rights. An experienced Dallas child indecency defense lawyer can build a strong strategy to fight the charges and pursue a favorable outcome.
1. False Allegations & Misidentification
False accusations are unfortunately common in child indecency cases. These can arise due to:
- Custody disputes between parents where one party attempts to gain leverage.
- Coaching by another adult, leading the child to make statements that are not based on personal experience.
- Misidentification, where the child or a third party mistakenly accuses the wrong person.
A skilled defense attorney can investigate motives for false claims, analyze inconsistencies in statements, and present evidence that contradicts the accusations.
2. Lack of Intent to Arouse or Gratify Sexual Desire
Under Texas law, intent plays a crucial role in an indecency with a child charge. The prosecution must prove that the accused acted with the intent to arouse or gratify sexual desire. Certain behaviors, while possibly inappropriate, may not meet this standard.
- Accidental contact or misinterpreted behavior (e.g., an innocent hug, helping a child change clothes).
- No sexual intent in actions that are being misconstrued.
If the prosecution cannot prove intent beyond a reasonable doubt, the charges may not stand.
3. Insufficient or Unreliable Evidence
A conviction requires strong evidence beyond a reasonable doubt, but child indecency cases often rely on:
- Uncorroborated testimony from a minor.
- Lack of physical evidence or forensic proof.
- Conflicting witness statements or unreliable memories.
A defense attorney can challenge the credibility of evidence, highlight inconsistencies, and argue that there is insufficient proof to convict.
4. Violation of Constitutional Rights
If law enforcement violated your constitutional rights, any evidence obtained may be thrown out. Examples include:
- Unlawful searches or seizures without a warrant or probable cause.
- Coerced confessions obtained through intimidation or pressure.
- Failure to read Miranda rights before questioning.
By filing pre-trial motions, a defense attorney can suppress illegally obtained evidence, which may weaken the prosecution’s case.
5. Mistaken Age Defense
While lack of knowledge of the child’s age is generally not a defense, it may be relevant in certain cases where:
- The accused genuinely and reasonably believed the alleged victim was an adult.
- The minor misrepresented their age through false identification or online deception.
While this may not completely dismiss charges, it can mitigate penalties in some cases.
6. Entrapment by Law Enforcement
In cases where law enforcement used an undercover sting operation, the defense of entrapment may apply.
- Entrapment occurs when police persuade or pressure someone to commit an offense they would not have otherwise committed.
- If officers induced the behavior or created a situation that led to an arrest, this could be a strong defense.
An attorney can analyze police tactics and determine if they crossed legal boundaries.
7. Alibi Defense
If you were not present at the time of the alleged incident, an alibi defense can help prove your innocence.
- Receipts, phone records, or surveillance footage showing you were elsewhere.
- Witnesses who can confirm your location during the time of the alleged event.
Establishing a strong alibi can directly refute the prosecution’s case.
Dallas Indecency with a Child Lawyer
If you or someone you love has been accused of indecency with a child in Dallas, contact the Law Office of Mike Howard. Most importantly, Dallas indecency with a child lawyer Mike Howard has the experience, trial skills, and dedication that you need when you are fighting for your life. We will do everything we can to fight for you. Moreover, Mr. Howard will give you an honest assessment of your case and explain the law and your legal options.
A Different Kind of Lawyer
We approach our clients differently than a lot of lawyers. Above all, our philosophy is that being a great lawyer is more than getting you a great result. First, our office is centered around you. This means we start by truly listening to you to understand your case and your goals. Further, our team works to provide you a client experience that is as easy and stress-free as possible. Answering your questions and keeping you informed is very important to us. Most importantly, we treat you as a person, not a number. Finally, our goal is to achieve the best possible result for you. If you’re looking for a different kind of criminal defense lawyer in Dallas, Texas you’ve come to the right place.
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We focus on clients as real people. First, we list to understand who you are and what you need. Then we make sure we fully understand the facts of the case.
Open Communication
We explain the law, your rights, and the legal process. Because communication is very important to us, we strive to quickly answer questions and return communication.
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Simply put: we fight hard for you. In the courtroom, in negotiations, and before a case even is officially opened, we fight for justice for you.
What Makes Mike Howard Different
Many lawyers take advantage of their clients’ ignorance of the criminal justice process. We take the opposite approach. A knowledgeable client is a happy client. Therefore, we provide a wealth of information in the way of articles about criminal offenses, blog posts, and videos for free on our website.
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Dallas Indecency with a Child Attorney Mike Howard
Above all, I strive to help my clients through difficult times with compassion and integrity. In Dallas innocent people can get accused, charged, and convicted when they don’t have a Dallas indecency with a child attorney fighting for them. I believe in standing up for people facing criminal accusations and helping them navigate all that comes with being thrown into the criminal justice system.
Client-Centered
The cornerstone of my law practice is focusing on my clients as individuals. I start by taking the time to understand not just the facts of their case, but who they are and what they need. Because I know the criminal justice system can be intimidating, I explain the process, their rights, their options, and whether expungement may be available to clear their record. Client communication is extremely important to me, so I make sure my team and I do everything possible to quickly answer questions and return messages.
Willing to Fight
Most importantly, I am willing to fight a case in court. I have a track record of delivering fantastic results at trial. While not every client and case needs to go to trial, it can make a difference. When your Dallas indecency with a child attorney has a reputation as a skillful trial lawyer who fights for their clients, however, it makes all the difference in the world.
