Indecency With a Child by Exposure in Texas: What the Charge Means

So, what does indecency with a child by exposure mean? Texas law makes this a third-degree felony. This guide explains each part in plain words.

Indecency With a Child by Exposure: The Short Answer

Indecency with a child by exposure is a specific offense under subsection (a)(2) of the statute. Section 21.11(a)(2)(A) describes exposing the person’s anus or any part of the person’s genitals, knowing the child is present. The act must also happen with intent to arouse or gratify the sexual desire of any person.

The statute also covers causing a child to expose their own anus or genitals. That is a second way to commit the same subsection. Under subsection (d), the exposure version is a felony of the third degree.

The label on a charge is not the whole story. The sexual contact version in subsection (a)(1) is a second-degree felony, which carries a more serious classification.

For a closer look at this offense, read our indecency with a child by exposure guide.

Who Counts as a “Child” Under the Statute

For this offense, a child is anyone younger than 17 years of age. The child’s sex does not change the charge. The statute applies whether the child is the same sex or the opposite sex as the accused.

The accused’s knowledge of the child’s age is not an element. The statute applies regardless of whether the person knows the child’s age at the time of the offense. Many people expect that not knowing the age would change the charge.

Subsection (b) sets out an affirmative defense. An affirmative defense is a reason the accused must raise, and each one has its own conditions. This one requires that the accused was not more than three years older than the victim and of the opposite sex. It also requires no duress, force or threat, and it sets out alternative registration-related conditions, and only one of them needs to be satisfied.

Under Texas Penal Code § 21.11, an affirmative defense to prosecution applies when the actor was the spouse of the child at the time of the offense. It applies when the actor was the spouse of the child at the time of the offense.

What “Exposes” and “Knowing the Child Is Present” Mean

The statute does not define “exposes.” Section 21.11 defines only “sexual contact,” in subsection (c). In plain use, exposing means uncovering or showing. The real question is what was shown, and how.

Knowing the child is present is its own element. The State must show the accused knew a child was there. Where the child stood, whether the child could see, and what the accused could see are facts that matter here.

A defense review often starts with three questions. Who was present? Where did the act happen? What did the accused know at the time? Each answer shapes how the elements fit the evidence.

The causing-to-expose version works differently. There, the focus is on what the accused caused the child to expose. Read the charging language to see which version the State used.

The Intent Element: Arousal or Gratification of Sexual Desire

The statute requires intent to arouse or gratify the sexual desire of any person. The words “any person” mean the sexual desire does not have to belong to the accused.

Intent is a state-of-mind element. It is not the same as the act itself. Because intent is hard to see, the surrounding facts get close attention. That includes what happened before and after the act, and what was said.

The same intent requirement appears in the definition of sexual contact in subsection (c). So intent runs through both versions of the offense.

An act done without that intent does not fit the wording of this offense. Reviewing the intent element is a core part of any defense review.

How This Differs From Indecent Exposure

Indecent exposure is defined by an act done with intent to arouse or gratify sexual desire, where the actor is reckless about whether another person is present who will be offended or alarmed by the act. It requires intent to arouse or gratify sexual desire, and recklessness about whether another person is present who will be offended or alarmed.

Indecent exposure is a Class B misdemeanor.

The two offenses compare this way:

• Indecency with a child by exposure: a child under 17 is present, the accused knows it, and intent is required.
• Indecent exposure: the accused is reckless about whether someone is present who will be offended or alarmed, and intent is required.

Under Texas Penal Code § 21.11, the offense applies to a child younger than 17 years of age. Under the exposure provision of Texas Penal Code § 21.11, the accused must act with intent to arouse or gratify the sexual desire of any person and must expose the person’s anus or any part of the person’s genitals, knowing the child is present. Because the elements differ, read the charging language closely to see which statute the State used.

When the Person Accused Is a Minor

The statute says “a person commits an offense.” Its elements stay the same regardless of the accused’s age, but an affirmative defense applies if the accused was not more than three years older than the victim and of the opposite sex, with other conditions met.

Age still matters in other parts of Texas law. Texas Code of Criminal Procedure article 62.001 defines “sexually violent offense” for a person 17 years of age or older. That definition applies to offenses committed at age 17 or older, so the accused’s age at the time matters to how it applies.

Juvenile cases follow a separate system from adult criminal court. The procedures, record handling and possible outcomes can differ. Families should understand that difference from the start.

Whatever the age of the accused, the core questions stay the same. What was alleged? Who was present? What did the accused intend?

What a Charge Can Mean Going Forward

A charge under subsection (a)(2) is a third-degree felony. Its effects can reach well past the case itself.

Each offense has a punishment range set by the Penal Code. The Texas Attorney General publishes a list of offense ranges and penalties that can be used to check a given offense.

Registration is a separate question. Article 62.001 lists indecency with a child among the offenses in its definitions. Chapter 62 must be read against the specific charge and any outcome.

A charge can also reach work, housing, school and family life. Those effects can begin before a case is resolved.

No lawyer can predict how a case will end. Every charge has its own facts.

Common Questions

Talking With a Defense Lawyer About Your Situation

If you’re trying to understand an indecency with a child by exposure charge for a spouse, partner, parent, child or friend, you may have only part of the facts. That is a hard place to be. Starting with plain questions like these is a reasonable first step.

A defense review looks at the charging language, the child’s age at the time of the offense, the alleged act, the knowledge and intent elements, and the evidence the State has.

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

Heather Barbieri is one of the firm’s lawyers, and Barbieri Law Firm is based in Frisco, Texas. Our first consultation is free, confidential, and carries no obligation to continue.

If you want to talk through what you know, call (972) 424-1902 or send your case details through our contact form.

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