Charged With Indecency With a Child by Sexual Contact in Texas?

Indecency with a child by sexual contact is a second-degree felony in Texas. The State must prove the child was younger than 17, that sexual contact happened, and that the touching was done to arouse or gratify sexual desire. If a detective has called you or you were arrested, this page explains the charge and how an indecency with a child by sexual contact defense in Texas is built.

What Indecency With a Child by Sexual Contact Means Under Texas Law

The contact must be done with intent to arouse or gratify sexual desire. The law applies even if the accused did not know the child’s age, so that fact does not change the charge.

Sexual contact covers touching the child’s anus, breast or genitals, even through clothing. It also covers touching any part of the child’s body with the accused person’s anus, breast or genitals. Both acts count only when the intent is present.

Under Texas Penal Code § 21.11, the offense involves a child younger than 17 years of age, regardless of whether the accused knew the child’s age, and “sexual contact” means touching described in the statute that is committed with the intent to arouse or gratify the sexual desire of any person. Intent is often where cases are fought.

Many people believe this charge is a first-degree felony. Sexual contact under the statute is a second-degree felony. Exposure-based conduct under the same section is a third-degree felony.

Penalties, Sex Offender Registration and What Is at Stake

Under Penal Code § 12.33, a second-degree felony carries prison of 2 to 20 years. It may also carry a fine of up to $10,000. What a court imposes depends on the facts, the record and the charges as filed.

Registration can be a consequence of a conviction or an order of deferred adjudication, not of an arrest. Under art. 62.101, except as provided by subsection (b) and Subchapter I, the registration duty ends only at death for a person whose reportable conviction or adjudication (other than an adjudication of delinquent conduct) is for an offense listed in subsection (a). That list includes a sexually violent offense, certain offenses under Penal Code § 20A.03, an offense under § 21.11(a)(2) when the person also receives or has received another reportable conviction or adjudication (other than an adjudication of delinquent conduct) requiring registration, a § 43.23 offense punishable under subsection (h) of that section, and an offense for which the person has been civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code. For other reportable offenses, except as provided by Subchapter I, the duty to register ends under the conditions set out in subsection (c) of Texas Code of Criminal Procedure Art. 62.101. For an adjudication of delinquent conduct, that date is the 10th anniversary of the disposition or of the person’s completion of its terms, whichever is later. For a conviction or an order of deferred adjudication, it is the 10th anniversary of the court’s dismissal and discharge, the person’s release from a penal institution, or the person’s discharge of community supervision, whichever is later. That article’s exceptions still apply.

A pending charge can also affect custody, visitation and bond conditions. Violating a bond condition or protective order in certain family violence and sexual abuse cases can be a separate crime under Penal Code § 25.07.

Why These Accusations Often Arise During Divorce, Custody and CPS Cases

These accusations often surface during a divorce, a custody fight or a CPS investigation. The timing is a fact to examine. It is not a conclusion to accept or reject.

A defense asks who heard the first statement, when they heard it, and what was said. Later statements matter too. A forensic interview recording, a police interview and a school or medical note each capture what the child said at a different time. Comparing them shows what changed and when.

CPS and family court files can hold the same facts. Those records can be compared against the criminal allegation.

In a protective-order hearing, a child’s statement can be admitted as evidence. Indecency with a child under Penal Code § 21.11 covers children younger than 17. The rule that a child’s statement about that offense is admissible at a protective-order hearing is in Code of Criminal Procedure art. 7B.004, which applies to a child younger than 14 who is the victim and describes the offense, and is admissible in the same manner as a child’s statement under Section 104.006, Family Code.

How a Defense Is Built: Testing the Accusation and the Evidence

An indecency with a child by sexual contact defense in Texas tests each element the State must prove. Then it tests the evidence used to prove each one.

• The charging papers: the dates, the places, the child’s age on each date, and the exact act alleged.
• Intent: messages, conduct before and after, who was present, and any recordings or photos that exist.
• Interviews and reports: the forensic interview, the police report, and any medical or physical evidence, compared against the family and custody timeline.
• Discovery and motions: requests for the State’s files and challenges to how evidence was gathered. The record decides how far each challenge reaches.
• Digital evidence: when the facts call for it, a defense may consult professionals on child interviews or digital evidence.

The statute also sets out affirmative defenses. Under Penal Code § 21.11(b), an affirmative defense is available to an actor who was not more than three years older than the victim 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, either was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender or was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section. It also requires no duress, force, or threat against the victim at the time of the offense, and that, at the time of the offense, the actor either was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender or was not a person who had a reportable conviction or adjudication for an offense under this section. Under Penal Code § 21.11(b-1), an affirmative defense to prosecution is available when the actor was the spouse of the child at the time of the offense. Each defense has specific conditions that must be supported with facts.

Affirmative defenses are set out in Texas Penal Code § 21.11(b) and in § 21.11(b-1), which covers an actor who was the spouse of the child at the time of the offense.

What to Expect: The Process and a Realistic Timeline

The case moves in stages, and each stage brings its own decisions.

1. First consultation. We review your account, the charging papers and any bond conditions in a confidential first meeting.
2. Arrest and bond. We explain bond conditions and no-contact orders and what they mean for time with your children. Follow them exactly until your lawyer tells you otherwise.
3. Indictment and discovery. The case moves through the grand jury step. We request the State’s files, including recordings, reports and any CPS or family-court records.
4. Pretrial work. We file motions, investigate, and talk with the prosecutor where the facts support it. No lawyer can promise a particular result.
5. Resolution. You decide between trial and a plea after we explain the evidence and your options. Timelines vary with county court schedules and case complexity.

Why Barbieri Law Firm for This Charge

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

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization. Heather Barbieri is the responsible attorney for this site. Carrie Thomas is also a lawyer at the firm. Our support staff handles office and filing work.

Our team reviews recordings, reports and records. We explain your options in plain language so you can decide with the facts in front of you.

Questions Men Ask Before They Call

Talk Through Your Situation With Our Team

If a detective has called about a child, or a touching allegation has surfaced during a custody fight, you do not have to sort it out alone. Our team can review the charge, your bond conditions and the family issues in motion. To take the next step, schedule your free consultation, call (972) 424-1902, or send your case details through our secure contact form.

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