Indecency with A Child

Section 21.11 of the Texas Penal Code spells out the elements involved in the crime of indecency with a child. Some of the acts that can lead to allegations of indecency with a child include:

  • Exposing the anus or genitals when a child is present
  • Causing a child to be exposed for sexual gratification
  • Engaging in sexual contact with a child under 17

Penalties for Indecency with a Child

Indecency with a child is a felony with harsh penalties. These penalties are typically not as severe as the penalties for child molestation or child sexual assault but can nonetheless be devastating. In addition to prison time, a defendant may also face fines, restitution and be required to register as a sex offender. There are several affirmative defenses to the crime of indecency with a child and these defenses can help to mitigate the sentence. A few of the affirmative defenses allowed by Texas law include:

  • The defendant was no more than 3 years older than the victim, and of the opposite sex
  • No force or threats of force were made against the victim
  • Defendant was not required to register as a sex offender
  • Defendant has no other reportable convictions

Other consequences

After allegations of indecency with a child, you may find yourself isolated from friends and family members. Your reputation can also suffer, making people unwilling to conduct business with you. Although you have not yet been found guilty in a court of law, you may be deemed guilty by those around you. Obtaining quality legal representation is important at this time, as an attorney can help ensure you are not wrongfully convicted of these charges, which could further damage your reputation.

Aggressive legal representation

James Alston is a former Assistant District Attorney for Harris County, Texas. During his 12-year stint as an assistant prosecutor, Mr. Alston worked on hundreds of criminal cases including many that involved indecency with a child. Since he knows the techniques Houston prosecutors use to secure convictions, he can adequately defend those who are facing these criminal charges. For a free consultation, call (713) 228-1400.

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Houston Criminal Lawyer James Alston represents clients in the Houston area, including Pasadena, Sugar Land, Missouri City, Channelview, Conroe, Galveston, Angleton, Richmond, Rosenberg, Beaumont, Galveston County, Ft. Bend County, Montgomery County, Brazoria County, Harris County and Jefferson County in Texas.