Charged with Indecency With a Child by Exposure in Texas

If you’re charged with indecency with a child by exposure in Texas, the offense is a third-degree felony. This page explains what the law says, what the State must prove, the penalty range and the defenses. It also explains how Barbieri Law Firm defends these cases in Collin County, Dallas-Fort Worth and across Texas.

What Indecency with a Child by Exposure Means Under Texas Law

Under Tex. Penal Code § 21.11, a person commits an offense under Subsection (a)(2) when, with intent to arouse or gratify the sexual desire of any person, the person exposes the person’s anus or any part of the person’s genitals, knowing the child is present. The law also covers causing a child to expose these areas.

The offense applies even when the person does not know the child’s age at the time.

The statute also covers a separate contact offense. The contact version, under subsection (a)(1), involves sexual contact with a child and is a second-degree felony. The exposure version under subsection (a)(2) is a third-degree felony.

The key word in the exposure version is “knowing.” The State must prove the person knew the child was present. A child who happened to see something is a different situation under the statute’s wording. For a broader view, read our child sex crimes defense guide.

What the State Must Prove and the Evidence That Usually Matters

• The child was younger than 17.
• The person exposed their anus or genitals, or caused the child to expose theirs.
• The person knew the child was present.
• The person acted with intent to arouse or gratify sexual desire.

Intent and knowledge are states of mind. Prosecutors try to show them through surrounding facts. Common examples include location, timing, witness accounts, and messages or device records.

The child’s account often carries weight. Forensic interview recordings, school or family reports, and later statements may all be in the file. A defense lawyer checks how the account was gathered, when it was given, and whether it fits the other evidence. Accuracy, consistency and suggestibility all matter.

Section 21.11(b) provides an affirmative defense that applies only if all three of the following are true: the actor was not more than three years older than the victim and of the opposite sex; the actor used no duress, force or threat; and, at the time of the offense, the actor was not required to register for life as a sex offender under Chapter 62 or had no reportable conviction or adjudication for an offense under this section. Under Tex. Penal Code § 21.11, it is an affirmative defense to prosecution that the actor was the spouse of the child at the time of the offense. Whether any defense fits depends on the facts.

Exposure Charges Versus Related Texas Charges

Indecency with a child by exposure differs from indecent exposure and public lewdness mainly in the child-victim element and the penalty range.

• Indecent exposure (§ 21.08) is a Class B misdemeanor. Under Tex. Penal Code § 21.08, an offense is a Class B misdemeanor, except that it is a Class A misdemeanor if it is shown on the trial of the offense that the defendant has previously been convicted one time of an offense under this section, and a state jail felony if it is shown on the trial of the offense that the defendant has previously been convicted more than one time of an offense under this section. It is a third-degree felony if the actor is civilly committed as a sexually violent predator.
• Public lewdness (§ 21.07) is a Class A misdemeanor. It is a third-degree felony if the actor is civilly committed as a sexually violent predator.
• Under Tex. Penal Code § 21.11, an offense under Subsection (a)(2) is a felony of the third degree.

Each charge has its own elements and its own range. Read the complaint or indictment closely. Early police descriptions can change as the investigation moves forward. The written charge sets what must be defended.

Penalties, Enhancements and Long-Term Consequences

Indecency with a child by exposure carries a prison range of 2 to 10 years. The fine can be up to $10,000, in addition to prison, under § 12.34.

Prior convictions can raise the range. Under § 12.42(a), a third-degree felony is punished as a second-degree felony if the State shows a prior final felony conviction. Under Tex. Penal Code § 12.42, a prior conviction for a § 21.11 offense is a qualifying prior offense under § 12.42(c)(2)(B), so a later qualifying sex offense carries a mandatory life sentence in the Texas Department of Criminal Justice. Read the full subsection before relying on any range.

Except as provided by Subsection (c)(2) or (c)(4), Tex. Penal Code § 12.42(d) provides that a defendant shown at trial to have two prior final felony convictions, the second for an offense committed after the first conviction became final, shall be punished by life imprisonment or by a term of not more than 99 years or less than 25 years in the Texas Department of Criminal Justice. The subsection does not apply when the current offense is a state jail felony punishable under § 12.35(a), and a prior state jail felony punished under § 12.35(a) may not be used for enhancement under it. Section § 12.46 adds that a conviction used for enhancement can still be used again later.

Registration is a long-term issue. Indecency with a child is among the offenses that can require registration. Under Tex. Code Crim. Proc. art. 62.101, a person convicted of a § 21.11(a)(2) offense who does not meet the lifetime registration trigger described below has a default ten-year registration duty, which ends on the tenth anniversary of the latest of these dates: the date the court dismisses the criminal proceedings and discharges the person, the date the person is released from a penal institution, or the date the person discharges community supervision. Under art. 62.101(a)(3), however, except as provided by Subsection (b) and Subchapter I, a person with a reportable conviction or adjudication, other than an adjudication of delinquent conduct, for a § 21.11(a)(2) offense must register for life if, before or after that conviction or adjudication, 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 Chapter 62. The lifetime period is subject to both exceptions named in art. 62.101(a), Subsection (b) and Subchapter I, and the ten-year period is subject to Subchapter I.

How the Case Moves and How Barbieri Law Firm Defends It

The process starts with a free initial consultation. Then the case moves through these steps:

1. Consultation. We review the charge, bond status and any police or child protective services contact. The consultation is free and without obligation to continue.
2. Bond and release conditions. We explain conditions of release and any protective-order issues as they come up.
3. File review. We request the complete file, including police reports, the forensic interview, phone and device data, and location records.
4. Charging review. We check the indictment or complaint language against the facts.
5. Motions and negotiations. We explain each option, including dismissal, reduction or trial. We don’t promise any of them.
6. Trial preparation. If the case goes to trial, we plan jury selection and cross-examination.

Timelines vary by county, court and case. No lawyer can say how a case will end before the facts are known.

Why Barbieri Law Firm for an Indecency with a Child by Exposure Charge

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas. It defends sex crimes and assaultive offense charges across Collin County, Dallas-Fort Worth and Texas.

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

Our team includes assistants and office staff who support the work on each case. The firm’s focus is criminal defense for people facing these charges.

Frequently Asked Questions About Indecency with a Child by Exposure in Texas