Facing an Indecency With a Child Charge? Start With a Clear Review of Your Options

What Indecency With a Child Means Under Texas Law

An indecency with a child charge in Texas means the State accuses you of sexual touching or sexual exposure involving a child younger than 17. The offense is defined in Texas Penal Code § 21.11. It applies whether or not you knew the child’s age.

The statute covers two kinds of conduct:

• Sexual contact. Touching a child’s anus, breast, or genitals, or any part of a child’s body with your anus, breast, or genitals, including through clothing, with intent to arouse or gratify sexual desire.
• Exposure. Exposing your genitals or anus while knowing the child is present, or causing the child to expose, with that same intent.

The two categories carry different felony grades. Sexual contact is a second-degree felony. Exposure is a third-degree felony.

Cases like these can begin during a divorce, a custody fight, or a Child Protective Services (CPS) investigation. A statement made in a family dispute can open the file. Your charging document names the exact charge and degree, so read it closely with a lawyer.

What the State Must Prove

• The act. Prosecutors must show the specific touching or exposure the statute describes.
• The child’s age. The child must be younger than 17 at the time. Age is checked against records and testimony.
• Intent. The act must be done with intent to arouse or gratify sexual desire.

Intent is a required element that the State must prove. Intent is a state of mind, so prosecutors usually try to prove it from context. They point to the conduct itself, the timing, what was said, and what happened before and after. We lay out that full context too. The same moment can look very different once the surrounding facts are on the table.

Defense Options We Examine

The right defense depends on the facts, and it is chosen after the evidence is gathered. Common lines of review include:

• Intent. Testing whether the State can prove sexual desire, using the full timeline and everything said and done.
• What happened. Checking whether the contact or exposure occurred as described, including location, timing, and physical plausibility.
• Credibility and motive. Examining how the accusation arose, including custody, divorce, support, or other family disputes.
• Spousal defense. It is an affirmative defense under § 21.11 that the child was the defendant’s spouse at the time of the offense.
• Age-based defense. The statute’s affirmative defense applies only when all its conditions are met. The defendant was not more than three years older than the victim and was of the opposite sex. No duress, force, or threat was used. At the time, the defendant either was not required to register for life or was not a person who had a reportable conviction under Chapter 62 for this offense.

Every condition in that list must be met, not most of them.

Evidence Review: Interviews, Statements, and Digital Records

The evidence in these cases may include what the child said, how it was recorded, and what other records show. Evidence reviewed in a case like this often includes:

• Forensic or child advocacy interview recordings. We examine who asked the questions, how they were phrased, and whether the full interview was recorded.
• The outcry statement. This is the child’s first account: to whom it was made, when, and in what setting. We test how it came out and whether it changed over time.
• Digital records. Messages, device extractions, account records, and timestamps. In accusations involving online activity, digital records may be part of the evidence the State relies on.
• CPS and family court files. These civil records can overlap with the criminal file and may contain earlier statements.

Do not discuss the allegation with the child, the other parent, or investigators before you talk with counsel.

Penalties, Registration, and Family Court Effects

• Second-degree felony: confinement for 2 to 20 years in the Texas Department of Criminal Justice, and an additional fine of up to $10,000 may be imposed (Tex. Penal Code § 12.33).

Sex offender registration is a major concern in these cases. For a sexually violent offense, the duty to register generally ends when the person dies, subject to the exceptions in the statute (art. 62.101). Under Texas Code of Criminal Procedure Art. 62.101(a)(4), the duty to register for an offense under Section 21.11(a)(2), Penal Code, ends when the person dies if, before or after the person is convicted or adjudicated for that offense, the person receives or has received another reportable conviction or adjudication, other than an adjudication of delinquent conduct, for an offense or conduct that requires registration under this chapter. Other offenses generally end 10 years after the later of release, discharge, or dismissal.

A criminal case can also affect custody, visitation, and CPS proceedings. These are separate proceedings, and we review them alongside the criminal charge.

How the Defense Process Works

A case moves in stages, and timing depends on the court’s schedule and the facts.

1. Free, confidential consultation. You share the charge, the timeline, and any papers. The first consultation is free, confidential, and carries no obligation to continue.
2. Document review. We review the charging papers, bond conditions, protective orders, and any CPS requirements. We explain what to avoid doing right away.
3. Evidence gathering. We review interview recordings, digital records, and family court filings.
4. Options and reasons. We explain each available option and why it fits or does not fit your facts. You decide the plan with us.
5. Ongoing communication. We keep you informed at each court setting and explain what comes next.

Why Barbieri Law Firm Handles This Charge

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas. It defends people 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, leads the firm’s defense work. Our team reviews the evidence, the interview records, the digital records, and the family court context. Then we explain your options in plain terms.

No lawyer can predict how a case will end. What we can do is test every part of the accusation and explain each step.

Frequently Asked Questions

Next Step: Talk Through Your Case

An accusation can put your freedom, your family, and your children’s contact in question at the same time. It is wise to speak with counsel before discussing the allegation with anyone. Call (972) 424-1902 or send your case details through our contact form. We’ll review the charge with you and talk through what comes next. No lawyer can predict how a case will end.

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