{"id":5995,"date":"2026-11-01T11:05:43","date_gmt":"2026-11-01T11:05:43","guid":{"rendered":"https:\/\/barbierilawfirm.com\/guides\/guides-child-sex-crime-charges-texas\/guides-indecency-with-a-child-by-contact-defense-texas\/"},"modified":"2026-11-02T07:22:06","modified_gmt":"2026-11-02T07:22:06","slug":"guides-indecency-with-a-child-by-contact-defense-texas","status":"publish","type":"page","link":"https:\/\/barbierilawfirm.com\/guides\/guides-child-sex-crime-charges-texas\/guides-indecency-with-a-child-by-contact-defense-texas\/","title":{"rendered":"Indecency With a Child by Sexual Contact Defense Texas"},"content":{"rendered":"\n
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Frisco, Texas | Collin County, Dallas-Fort Worth and Statewide Criminal Defense<\/p>

Charged With Indecency With a Child by Sexual Contact in Texas?<\/h1>
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By Heather Barbieri \u00b7 Published November 1, 2026<\/p>\n\n

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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.<\/p>\n

What Indecency With a Child by Sexual Contact Means Under Texas Law<\/h2>\n

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.<\/p>\n

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.<\/p>\n

Under Texas Penal Code \u00a7 21.11<\/a>, 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.<\/p>\n

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.<\/p>\n\n

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If a touching allegation has you worried about your children and your future, our team can talk through your first steps with you. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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Penalties, Sex Offender Registration and What Is at Stake<\/h2>\n

Under Penal Code \u00a7 12.33<\/a>, 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.<\/p>\n

Registration can be a consequence of a conviction or an order of deferred adjudication, not of an arrest. Under art. 62.101<\/a>, 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 \u00a7 20A.03, an offense under \u00a7 21.11(a)(2)<\/a> when the person also receives or has received another reportable conviction or adjudication (other than an adjudication of delinquent conduct) requiring registration, a \u00a7 43.23<\/a> 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<\/a>. 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.<\/p>\n

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 \u00a7 25.07<\/a>.<\/p>\n

Why These Accusations Often Arise During Divorce, Custody and CPS Cases<\/h2>\n

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.<\/p>\n

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.<\/p>\n

CPS and family court files can hold the same facts. Those records can be compared against the criminal allegation.<\/p>\n

In a protective-order hearing, a child’s statement can be admitted as evidence. Indecency with a child under Penal Code \u00a7 21.11<\/a> 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<\/a>, 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.<\/p>\n

How a Defense Is Built: Testing the Accusation and the Evidence<\/h2>\n

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.<\/p>\n