Indecency with a Child

Texas Penal Code, § 21.11. INDECENCY WITH A CHILD

• A person commits an offense if, with a child younger than 17 years and not the person’s spouse, whether the child is of the same or opposite sex, the person:
  • engages in sexual contact with the child or causes the child to engage in sexual contact; or
  • with intent to arouse or gratify the sexual desire of any person:
    • exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or
    • causes the child to expose the child’s anus or any part of the child’s genitals.
• It is an affirmative defense to prosecution under this section that the actor:
  • was not more than three years older than the victim and of the opposite sex;
  • did not use duress, force, or a threat against the victim at the time of the offense; and
  • at the time of the offense:
    • was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or
    • was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section.
• In this section, “sexual contact” means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:
  • any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or
  • any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.
• An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.