Charged With Indecency With a Child? Start With a Clear Defense Plan

Defending against an indecency with a child accusation in Texas often begins with a close look at exactly what the charge alleges. We review the evidence behind the accusation and explain your options clearly. Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas, and handles these cases in Collin County, Dallas-Fort Worth, and across Texas. If you’re facing this charge, call (972) 424-1902 to talk through what the State says it has and what it must prove.

What Indecency With a Child Means Under Texas Law

Indecency with a child is a sex offense involving a child younger than 17. The charge covers two kinds of conduct: sexual contact and exposure. Both require intent to arouse or gratify sexual desire.

The law counts touching through clothing. Exposure means showing one’s own anus or genitals while knowing a child is present, or causing a child to expose theirs.

The child’s age is central. The statute applies even if the accused did not know the child’s age at the time. That makes the child’s documented age and the timeline worth reviewing from the start.

Accusations can come from school, family, caregiver, or online settings. An accusation is not proof, and a charge is a filing, not a finding of guilt. Reviewing each element is where a defense begins.

Contact vs. Exposure: Felony Levels and Penalties

Sexual contact is a second-degree felony. Exposure is a third-degree felony.

Texas law groups felonies into different degrees, and the punishment range depends on the degree of the offense. Under Texas law, a second-degree felony is punishable by 2 to 20 years in prison and a fine of up to $10,000. Under Texas law, a third-degree felony is punishable by 2 to 10 years in prison and a fine of up to $10,000.

Pay attention to the exact subsection charged, because it sets the felony level. Your actual exposure depends on that subsection and on the facts the State can support. A lower felony level is still a felony, with prison time and a fine on the table.

The statute also includes narrow affirmative defenses. An affirmative defense applies only when every listed condition is met. Under § 21.11(b), those conditions include that the accused was not more than three years older than the child, that the two were of the opposite sex, and that no duress, force, or threat was used. A separate defense covers a situation where the accused was the child’s spouse at the time.

How a Defense Is Built: What the Case Review Covers

A defense starts by testing each element against the actual record. We look at what the State filed, what it has, and what it can prove.

• Charging documents: the indictment or information shows the exact subsection and dates charged.
• Probable cause affidavit: the officer’s sworn account of why the case was filed.
• Forensic interview recordings: who conducted the interview, how it was done, and whether it was recorded.
• Records and timelines: school, family, and messaging records that bear on dates and the child’s account.
• Search and device evidence: warrant returns and phone data the State relies on.

Each review begins with a written timeline. Dates, locations, and who was present shape how the State’s account fits the records.

Inconsistent accounts, gaps in timing, and interview methods all matter. Each one can change how the State’s case looks on paper.

The National Registry of Exonerations lists false accusations among documented causes of wrongful convictions (National Registry of Exonerations). That’s why we test every accusation rather than accept it at face value.

No lawyer can ensure a particular outcome in a criminal case. What we can do is examine the evidence and explain your options in plain terms.

What to Expect: Step-by-Step Process

Expect five stages. Timing varies by county, court docket, and the evidence, so no schedule can be set in advance.

1. Consultation: You describe the arrest or investigation, and we review the charge with you. To start, send your case details through our secure form.
2. Immediate steps: We address bond conditions, no-contact orders, and contact with investigators. Many people benefit from speaking with counsel before answering police questions.
3. Discovery: We request the evidence the prosecutor must share, called discovery, and gather records of our own.
4. Evaluation: We explain your options in writing. These may include negotiation, pretrial motions, or trial.
5. Ongoing updates: We keep you informed at each stage of the case.

Bond conditions set by the court can limit contact with the child, family members, or others. Know those terms exactly. Bring any paperwork you have, such as bond papers and any warrant or notice. Write down a timeline of events while your memory is fresh.

Why Barbieri Law Firm

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas. We defend people accused of sex crimes and assaultive offenses in Collin County, Dallas-Fort Worth, and across Texas.

Our sex crimes work includes child sex crimes defense, online sex crimes, and aggravated sexual assault. For an indecency with a child defense lawyer Texas families can reach from Frisco, our work covers the state’s major metro areas and the counties around them.

Here is the credential, stated exactly:

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization.

That certification belongs to Ms. Barbieri personally. It does not describe the firm as a whole, and it does not describe any other lawyer.

We focus on the facts of each matter and keep clients informed at each step. We explain what we find and what it means for you. We do not publish case counts, win rates, or rankings on this page. If you want to know how we’d approach your charge, the consultation is where to ask.

Common Questions About Indecency With a Child Charges in Texas

Talk to a Frisco Defense Lawyer About Your Charge

If an officer, investigator, or family member has put an indecency with a child allegation in your life, you don’t have to sort it out alone. Reach out through our contact page to schedule a consultation with Barbieri Law Firm in Frisco.

Attorney responsible for this site: Heather Jean Barbieri, Barbieri Law Firm, Frisco, Texas.