Houston Indecency with a Child Attorney

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In Texas, allegations of indecency with a child are among the most damaging charges anyone can face. Even an accusation can tarnish reputations, tear apart families, and lead to devastating legal consequences.

If you or a loved one is accused of indecency with a child, contact attorney Ned Barnett immediately. Attorney Barnett is a highly experienced sex crime defense lawyer with over 30 years of experience defending against child sex crimes — he can make the difference between a dismissed case and a life forever altered.

Call the Law Offices of Ned Barnett at (281) 915-4802 to schedule your free and confidential case evaluation.

Indecency With a Child Charges in Texas

According to Texas Penal Code Section 21.11, indecency with a child occurs when an individual engages in sexual contact or exposure with a minor under 17 years old. The law distinguishes between two types of offenses:

Indecency by Exposure: Exposing one’s genitals to a minor or coercing a minor to expose themselves without physical contact. This is a third-degree felony, punishable by 2-10 years in prison, and a fine of up to $10,000.
Indecency by Contact: Engaging in sexual contact with a minor, including touching over or under clothing with the intent to arouse or gratify sexual desire. This is a second-degree felony, carrying a prison sentence of 2-20 years and up to $10,000 in fines.

Indecency with a Child by Exposure

Under Texas law, indecency with a child by exposure refers to someone exposing their genitals to a child or coercing a child to expose themselves, but without sexual contact. Indecency with a child by exposure is a third-degree felony, and a conviction could result in between 2 to 10 years in prison, a fine of as much as $10,000, or both.

It can sometimes be hard to tell what constitutes indecent exposure involving a child. And people are often shocked when they learn that they’ve been accused.

When determining whether an act can be considered indecency with a child by exposure, a lot depends on whether the accused had “intent to arouse or gratify a sexual desire.”

If you can show that any exposure was accidental or lacked any sexual intent, the charges should be dropped. For instance, if you urinated outside but near a schoolyard where a child saw, you can likely demonstrate that your actions were not sexually motivated.

Indecency with a Child by Contact

Section 21.11 also covers indecency with a child by contact. In Texas, this is a second-degree felony and occurs when someone physically touches a child to arouse or gratify a sexual desire.

If convicted, the penalties for indecency with a child by contact are between 2 and 20 years in prison, up to $10,000 in fines, or both.

Indecency with a child by contact is more severe than indecent exposure, and several aggravating factors may impact the penalties if convicted. These factors can include whether violence or a weapon was involved, any injuries to the child, and the accused’s criminal history.

Common Scenarios That Lead to Indecency Accusations

Many real-life situations can lead to child indecency charges, even when no harm was intended:

Accidental Exposure: Urinating outdoors near a playground or school can lead to charges if witnessed by a child.
Family Disputes: A contentious divorce or custody battle may prompt one parent to encourage or manipulate a child into making false claims.
Misinterpreted Actions: Innocent gestures like helping a child with clothing or physical care can sometimes be misconstrued as inappropriate.

Criminal Penalties for Indecency with a Child Charges

Being accused of indecency with a child can have devastating consequences that reach far beyond the courtroom. Not only do you face severe criminal penalties, but your personal life, family, and future are also at risk. If convicted, the penalties are life-altering, and the collateral damage can last for years.

In Texas, indecency with a child is charged either as a second-degree felony for indecency by contact or a third-degree felony for indecency by exposure. The potential penalties are severe:

Second-degree felony (Indecency by Contact)

2 to 20 years in prison
Fines of up to $10,000
Mandatory sex offender registration

Third-degree felony (Indecency by Exposure)

2 to 10 years in prison
Fines of up to $10,000
Mandatory sex offender registration

Collateral Consequences of Indecency with a Child Conviction in Texas

The impact of an accusation or conviction extends into several areas of your life:

Texas Department of Family Services Investigation

An accusation of indecency with a child will likely result in a Texas Department of Family Services (DFPS) investigation. This is separate from the criminal investigation and can severely affect your parental rights. The DFPS can determine whether you lose custody of your child temporarily or permanently, even before a criminal conviction.

Immigration & Citizenship Issues

For non-U.S. citizens, a conviction can lead to deportation, denial of naturalization, or other serious immigration consequences. Even legal residents face the possibility of losing their status and being barred from re-entering the country.

Loss of Gun Rights

Federal law prohibits anyone convicted of a felony from owning or possessing firearms. This can permanently affect your ability to legally purchase or own a gun, even for personal protection or hunting.

Housing Challenges

Convicted sex offenders often struggle to find affordable housing, as many landlords refuse to rent to individuals with felony convictions. Additionally, sex offender registration often comes with restrictions on where you can live, further limiting your options.

Employment Difficulties

A criminal record, especially for a sex crime, can make it extremely difficult to secure employment. Many employers conduct background checks and will not hire individuals with felony convictions, particularly for positions involving children or vulnerable populations.

Probation or Parole Requirements

If you are convicted, you may face strict probation or parole conditions, which can include mandatory counseling, electronic monitoring, curfews, and restrictions on internet use. Any violation of these conditions could result in further penalties, including returning to prison.

Sex Offender Registration

One of the most significant long-term consequences of a conviction is the requirement to register as a sex offender. Registration imposes stringent limitations on where you can live and work and subjects you to ongoing public scrutiny. Failure to comply with registration requirements can result in additional criminal charges.

Additional Consequences of Being Convicted of Indecency with a Child

In addition to the legal and financial penalties, the social consequences of a conviction or accusation can be equally damaging:

Reputation Damage

An accusation alone can destroy your reputation in your community, personal relationships, and workplace. People often treat those accused of sex crimes with suspicion, even if the charges are dropped or you are acquitted.

Loss of Custody or Visitation Rights

If you have children, you may lose custody or have restricted visitation rights, depending on the outcome of the criminal case and the DFPS investigation. These limitations can remain in place even after serving a sentence, further impacting your relationship with your children.

Social Isolation

Individuals convicted of indecency with a child often face social isolation. Friends and family may distance themselves, and community involvement becomes nearly impossible, especially when you are listed on the sex offender registry.

Long-Term Monitoring & Restrictions

Convicted sex offenders face long-term monitoring and restrictions on their movements, including limited access to schools, parks, and places where children congregate. These restrictions severely limit your ability to participate in community activities and lead a normal life.

The penalties and consequences of being accused or convicted of indecency with a child are life-altering, making it essential to seek skilled legal representation to protect your rights and mitigate the damage.

If you’re facing these serious charges, contact Ned Barnett for help.

Defenses Against Child Indecency Charges

The intent to arouse or gratify is still a requirement to support indecency with a child by contact, but other factual defenses may also apply. In some cases, people are misidentified by child victims, but the best way to sasses a situation is by consulting a sex crimes lawyer.

Being accused of indecency with a child does not mean you are guilty. There are several viable defenses that a skilled attorney can utilize, including:

Mistaken Identity: Children or witnesses may incorrectly identify the accused, especially in chaotic or emotionally charged situations.
False Allegations: In custody disputes or family conflicts, accusations can be weaponized for personal gain, such as gaining sole custody.
Lack of Intent: The prosecution must prove the accused had a sexual intent, which is not always clear-cut, especially in cases of accidental exposure or misunderstood situations.
Improper Police Procedure: Any violation of your rights, such as illegal search and seizure, can lead to evidence being thrown out of court.
Mental Capacity Defenses: If the accused lacks the mental capacity to understand their actions, this may serve as a defense.

How A Criminal Defense Lawyer Can Help Fight Indecency with a Child Charges

A skilled criminal defense lawyer can protect your rights and work to clear your name. Here’s how Ned Barnett can help:

Examine the Prosecution’s Case: Identifying weaknesses and inconsistencies.
Challenge the Evidence: Investigate whether the evidence was obtained legally and appropriately.
Secure Expert Testimony: Utilize experts to refute claims or challenge the prosecution’s narrative.
Plea Bargaining: When appropriate, negotiate reduced charges or penalties.
Vigorous Defense in Court: Should the case go to trial, prepare a comprehensive defense strategy aiming for dismissal or acquittal.

FAQs: Indecency With a Child in Houston, TX

What Should I Do if I’m Accused of Child Indecency?

Remain silent and contact a lawyer immediately. Avoid trying to explain the situation without legal representation, as anything you say can be used against you.

Can I Be Charged if the Child Consented?

No. Texas law does not allow minors under the age of 17 to legally give consent, regardless of circumstances.

What Are the Penalties for Indecency With a Child by Contact?

Indecency with a child by contact is a second-degree felony, punishable by 2-20 years in prison and up to $10,000 in fines.

Can I Be Charged if the Exposure Was Accidental?

Yes, but if you can demonstrate that the exposure was accidental and lacked sexual intent, the charges could be dropped.

Will I Have to Register as a Sex Offender if Convicted?

Yes, a conviction typically results in mandatory sex offender registration, impacting where you can live, work, and travel.