What is Indecency With a Child in Texas?
Indecency with a Child under Texas Penal Code §21.11 makes it a crime to contact the anus, breasts or genitals of a child under the age of 17 years with sexual intent. This is a second degree felony. Indecency with a Child is a third degree felony if the individual exposes his anus or genitals to a child or causes the child to do so. Once again, sexual intent is required.
The difference between Indecency and Sexual Assault of a Child is the act of insertion. It is not unusual for the prosecution to charge the higher crime when the child is young and there is some confusion about the allegation.
Defense for Indecency With a Child
Children have the capacity to make up sexual contact as easily as sexual assault. However, in our experience an accusation for Indecency With a Child, whether by exposure or contact can be confused with normal parenting behavior. It is not unusual for a parent or step-parent to be viewed without clothing. In addition, small children can be touched when they are bathed or treated for a medical condition.
The problem is that children are now inundated with information about sexual abuse. This is provided to them by schools and parents with all the best intentions. However, this information can be confusing to young children. Once an accusation is made it will not be presumed that the acts the child described constituted purely innocent behavior. As noted in other pages on this site, law enforcement, schools and Child Protective Services treat accusations of sexual abuse with a “better safe than sorry” mentality.
Houston Criminal Lawyer Ed Chernoff for any Accusation of Indecency With a Child
Do not take any accusation of Indecency With a Child lightly. Your innocence alone will not make the accusation go away. You need the help of a strong criminal defense attorney who understands the process of criminal investigation and prosecution in these types of cases. Don’t speak with a police officer until you call Ed Chernoff at 713-222-9141.