Indecency with a Child in Texas: § 21.11 Explained

Indecency with a child under § 21.11 is one of Texas's most-charged sex offenses against minors. The statute reaches sexual contact short of penetration and any exposure with intent to arouse or gratify. Penalties are severe and registration is lifetime — but a meaningful affirmative defense exists.

Two Distinct Offenses

Section 21.11 creates two separate offenses:

• (a)(1) Indecency by Contact — engages in sexual contact with a child or causes a child to engage in sexual contact;
• (a)(2) Indecency by Exposure — with intent to arouse or gratify the sexual desire of any person, exposes the actor's anus or genitals knowing a child is present, or causes the child to expose theirs.

"Sexual contact" under § 21.11(c) means touching of the breast, genitals, or anus — directly or through clothing — with intent to arouse or gratify. "Child" means any person younger than 17.

Penalties

Indecency by Contact

• Second-degree felony: 2 to 20 years TDCJ, fine up to $10,000;
• 3g offense — half-time parole eligibility;
• Lifetime sex offender registration.

Indecency by Exposure

• Third-degree felony: 2 to 10 years TDCJ, fine up to $10,000;
• Lifetime sex offender registration;
• Probation eligible (unlike contact-based 3g offense).

The Affirmative Defense

Section 21.11(b) provides an affirmative defense if all of the following are true:

• The actor was not more than three years older than the victim;
• The actor and victim were of the opposite sex (per the original statute — recent practice has been to ignore this in light of Lawrence v. Texas);
• The actor did not use force, duress, or threats;
• The actor was not required to register as a sex offender;
• The victim was at least 14 (for the affirmative defense to apply at all).

The actor bears the burden to prove each element by a preponderance of the evidence.

Common Charging Patterns

Stepfather / Family Member Cases

The vast majority of indecency-by-contact cases involve a family member or trusted adult. The State will typically use forensic interviews recorded by a Children's Advocacy Center, outcry-witness testimony under Article 38.072, and corroboration from medical examinations.

Coach, Teacher, Clergy

Educator cases under § 21.12 (improper relationship between educator and student) overlap with § 21.11 — but § 21.12 has its own affirmative-defense framework.

Sibling and Cousin Cases

Affected by the Romeo and Juliet defense if ages and registration status align. Often resolved with reduced charges in plea negotiations.

Defenses

Beyond the statutory affirmative defense:

• Lack of intent to arouse or gratify — incidental or accidental touching does not satisfy the mens rea;
• False allegation — particularly common in custody disputes. See our false allegations guide;
• Confrontation Clause challenges — Article 38.072 outcry-witness testimony must satisfy Crawford v. Washington, 541 U.S. 36 (2004);
• Suppression of statements — many cases hinge on a recorded police interview obtained in violation of Miranda;
• Forensic interview challenges — improper interview techniques (suggestive questioning, repeated interviews) can render testimony unreliable.

Sentencing and Probation

Indecency by contact (a 3g offense) limits straight probation availability — but deferred adjudication remains available in many cases. Probation conditions in indecency cases routinely include:

• Sex offender registration;
• Polygraph testing;
• Sex-offender therapy program (SOTP) — typically 5+ years;
• No contact with anyone under 17;
• Residency restrictions near schools, parks, and daycare centers;
• Internet and social media restrictions.

What to Do If You Are Under Investigation or Charged

1. Do not speak with police or investigators without an attorney — even to "explain" or "clear things up." Anything you say can be used.
2. Do not contact the complainant, the complainant's family, or witnesses — directly, through social media, or through third parties.
3. Preserve digital evidence — text messages, dating-app conversations, location data, emails — but do not delete anything.
4. Do not post on social media about the allegations, your relationship with the complainant, or anything related to the case.
5. Contact L and L Law Group immediately at (214) 466-1398 — we answer 24/7.

Frequently Asked Questions

Is indecency with a child a 3g offense?

Indecency by contact under § 21.11(a)(1) is a 3g offense. Indecency by exposure under § 21.11(a)(2) is not.

Can I get probation for indecency with a child?

Straight probation is available for indecency by exposure. For indecency by contact (a 3g offense), only deferred adjudication is generally available — and even that is rarely granted.

What is the difference between indecency and sexual assault of a child?

Sexual assault of a child requires penetration. Indecency covers contact and exposure short of penetration. Sexual assault is a second-degree felony with possible first-degree enhancement; indecency by contact is second-degree, indecency by exposure is third-degree.

Does indecency with a child require sex offender registration?

Yes — both subsections require lifetime sex offender registration under Code of Criminal Procedure Chapter 62.

Can the affirmative defense apply if I am 4 years older?

No. The 3-year limit is strict. If you are exactly 3 years and 1 day older, the defense does not apply and the case proceeds on its full merits.

Speak With a Frisco Criminal Defense Attorney

If you or a loved one is facing sexual assault defense charges in Frisco, Collin County, or anywhere in the Dallas-Fort Worth metroplex, the time to act is now. L and L Law Group attorneys are available 24 hours a day, 7 days a week. Call (214) 466-1398 for a free, confidential consultation, or submit your case online and a licensed attorney will contact you directly.

This article is general information, not legal advice. Texas and federal criminal law are complex and fact-specific — please consult a licensed attorney about your particular situation. Past results do not guarantee future outcomes.