Indecency With a Child by Exposure Defense Lawyer, Texas

Name: Indecency With a Child by Exposure Defense (Texas Penal Code 21.11)
Author: Heather Barbieri

By Heather Barbieri · Published November 1, 2026

What an Exposure Accusation Under Texas Penal Code 21.11 Means for You

Indecency with a child by exposure is a Texas felony that does not require any touching. It also applies when he causes that child to expose the child’s own anus or genitals. The offense is defined in Texas Penal Code § 21.11.

Maybe an online sting brought you here. Maybe the accusation came up during a divorce, a custody fight or a CPS case. Either way, the fears are real: what comes next, and whether you will see your children again.

The contact version of the offense is different. Contact means touching a child’s anus, breast or genitals, or touching the child with those body parts, if committed with the intent to arouse or gratify the sexual desire of any person. The exposure version does not require touching.

Allegations can rest on in-person conduct or on digital evidence, such as messages or video. Call (972) 424-1902 to talk through the charge you face.

What the State Must Prove and Where the Defense Begins

For an exposure charge, the state must show:

The child was younger than 17.
The accused exposed his anus or genitals, or caused the child to expose.
If he exposed himself, he knew the child was present.
He acted with intent to arouse or gratify sexual desire.

The statute also lists an affirmative defense, which the accused must raise and support, for a narrow set of cases. It covers an accused who was not more than three years older than the child, of the opposite sex, who used no duress, force or threat, and who, at the time of the offense, either was not required to register for life as a sex offender or did not have a reportable conviction or adjudication for an offense under this section. A separate defense applies if the accused was the child’s spouse. Both are in Texas Penal Code § 21.11.

We review the charging document first. It shows the exact subsection and each count, and each one carries its own consequences.

What a Conviction Can Mean: Penalties, Registration and Your Children

Exposure is a third-degree felony. It is not a first-degree felony. The contact version is a second-degree felony, under Texas Penal Code § 21.11.

Under Texas Penal Code § 12.34, a third-degree felony carries a prison term of 2 to 10 years in the Texas Department of Criminal Justice. A fine of up to $10,000 may be added.

Registration depends on the record. Under Texas Code of Criminal Procedure art. 62.001, a reportable conviction or adjudication for an offense under § 21.11 includes a deferred adjudication.

Custody and family-law issues are reviewed alongside the criminal charge. No lawyer can say how a family court will rule.

Deferred adjudication community supervision can be an option on a § 21.11 charge, but Code of Criminal Procedure Art. 42A.102(b) sets exceptions: among them, a judge may not grant it when the defendant charged under § 21.11 was previously placed on community supervision for such an offense. For a defendant charged with an offense under Penal Code sections 21.11, 22.011, or 22.021, regardless of the victim’s age, and for certain felonies described in Article 42A.453(b), a judge may place the defendant on deferred adjudication community supervision only if the judge makes a finding in open court that doing so is in the best interest of the victim, under Texas Code of Criminal Procedure art. 42A.102. We explain each possible resolution and its consequences before you decide.

How We Review the Evidence and the Accusation

We review the evidence before we discuss options. The review typically includes:

The police report and the complainant’s statements
Any recorded forensic interview of the child
Digital evidence, such as messages, images or video
Records showing how the evidence was collected

Child forensic interviews follow professional standards. According to OJJDP child forensic interview guidance, those standards include avoiding repeated questioning and using open-ended questions. We check whether the interview followed them.

We also build the timeline. We look at when the alleged conduct happened, when it was reported, and what else was happening, such as a divorce, a custody filing or a CPS case.

No lawyer can promise an outcome. We explain what the evidence shows, what it leaves open, and what your options are.

What to Expect: Step-by-Step From First Call to Defense

The process starts with a free initial consultation. The first consultation is confidential and carries no obligation to continue.

First contact. Call (972) 424-1902 or send your case details through our contact form.
Charge and bond review. We review the charging document, your bond conditions and any deadlines you must meet. We state each deadline only from its verified source.
Evidence review. We work through the points above and explain your options in plain words.
Decision and representation. You decide how to proceed. We explain the upcoming court settings, and court scheduling varies by county and case.

Talk with a lawyer before you give investigators a statement. This is standard advice for anyone under investigation.

Why Barbieri Law Firm for an Exposure Charge

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas. The firm 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.

The firm’s lawyers are Heather Barbieri and Carrie Thomas. Our support staff include assistants and office staff.

Our approach is to review every element, the evidence and the timeline, and then explain your options in plain language. For people facing an indecency with a child by exposure defense lawyer search, that means a clear, step-by-step review from the start.

Frequently Asked Questions About Indecency With a Child by Exposure

Is exposure the same as indecency with a child by contact?

No. Exposure covers exposing the anus or genitals without touching. Contact covers touching a child’s anus, breast, or genitals, or a child touching a person’s anus, breast, or genitals, including through clothing, if committed with the intent to arouse or gratify the sexual desire of any person.

Does the child have to be present?

If the accusation is that the accused exposed himself, the state must show he knew the child was present.

Does the child’s age matter?

Yes. Under Texas Penal Code § 21.11, the offense applies to a child younger than 17 years of age, regardless of whether the person knows the age of the child at the time of the offense, but it is an affirmative defense if the accused was not more than three years older than the child and of the opposite sex, did not use duress, force, or a threat, and was not required to register for life as a sex offender or did not have a reportable conviction or adjudication under this section.

Is exposure a first-degree felony?

No. Under § 21.11(d), exposure is a third-degree felony.

Should I talk to investigators first?

Talk with a lawyer before giving a statement. This is standard advice for anyone under investigation.

Will the charge be public?

Criminal charges appear in court records, and we explain what to expect.

Talk With Us About the Charge You Are Facing

An exposure accusation can threaten your freedom, your registration status and your time with your children. You don’t have to sort through that alone. Call (972) 424-1902 or send your case details through our contact form, and we will review the charge with you.

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