Indecency with a Child in Texas
When the Accusation Alone Feels Like a Conviction
By Thom Nisbet
There are few criminal accusations more damaging than indecency with a child. In many cases, the accusation alone can feel like a conviction. A person may be removed from the home, separated from children, suspended from work, investigated by CPS, and treated like a criminal before they ever get a chance to defend themselves.
At Christian, Nisbet & Casillas, we understand how quickly these cases can change a life. We have defended people accused in emotionally charged situations involving divorce, custody disputes, family conflict, misinterpreted conduct, delayed outcries, and allegations that do not match the evidence.
These cases are serious. They are also defensible. The State still has to prove what happened, prove intent, and prove every element of the offense beyond a reasonable doubt. If you have been accused of indecency with a child in Texas, the time to act is now.
What Does Indecency with a Child Mean Under Texas Law?
Texas Penal Code Section 21.11 defines indecency with a child as conduct involving a child younger than 17. The law covers two primary categories:
Indecency by contact: alleged sexual contact with a child, or causing a child to engage in sexual contact.
Indecency by exposure: exposing certain body parts to a child, or causing the child to expose themselves, with the required sexual intent.
The details matter. For contact allegations, the State generally has to prove sexual contact and the required intent to arouse or gratify sexual desire. For exposure allegations, the State must prove the exposure conduct and the required sexual intent. Not every uncomfortable, mistaken, or poorly explained situation meets the legal definition of indecency with a child.
Texas law also states that the child must be younger than 17, and the statute includes language that the offense can apply regardless of whether the accused knew the child’s age. That makes early legal analysis critical, especially in cases involving teenagers, online communication, or disputed facts.
In some investigations, prosecutors may also consider related charges, including aggravated sexual assault of a child, online solicitation of a minor, sexual performance by a child, possession of child sexual abuse material, or continuous sexual abuse of a young child. These are separate offenses with separate proof requirements and separate penalties.
Penalties for Indecency with a Child in Texas
The punishment level depends on the specific allegation.
Indecency with a child by contact is generally a second-degree felony.
Indecency with a child by exposure is generally a third-degree felony.
A second-degree felony in Texas can carry 2 to 20 years in prison and a fine of up to $10,000. A third-degree felony can carry 2 to 10 years in prison and a fine of up to $10,000.
The consequences do not end with the criminal sentence. A conviction or deferred adjudication can also create sex offender registration requirements, professional licensing issues, immigration consequences, custody and visitation problems, restrictions on where a person can live or work, and permanent damage to reputation.
For many people, the threat of sex offender registration is one of the most frightening parts of the case. Texas DPS states that adult sex offenders generally register either for life or for 10 years after discharge from supervision, depending on the offense and circumstances. DPS also lists indecency with a child by contact as an offense requiring lifetime registration when committed by a person 17 or older.
Why These Cases Feel One-Sided
Indecency with a child cases often begin before a person even knows they are under investigation. A child may make an outcry to a parent, teacher, counselor, doctor, or investigator. CPS may become involved. A forensic interview may be scheduled. Police may ask the accused to come in and “tell their side.”
That is where many people make mistakes. They assume that if they explain themselves, the investigation will stop. In reality, statements made to police, CPS, school officials, employers, or family members can become evidence.
These cases can move quickly and emotionally. The defense has to slow the case down, examine the evidence, and keep the focus on proof instead of assumptions.
What Has Changed in Texas?
The most important legal development is that Texas law allows indecency with a child cases to be prosecuted with no limitation period. That means allegations may surface years or even decades later, when memories have faded, records are missing, and witnesses are harder to find.
Digital evidence is also playing a larger role. Text messages, search history, location data, photos, social media activity, app messages, and deleted communications may all become part of the investigation. A single message taken out of context can become a major issue if it is not reviewed carefully.
Forensic interviews are another major part of these cases. Child interviews can be powerful evidence, but they are not beyond challenge. The wording of questions, the number of prior conversations, outside influence, family pressure, and inconsistencies in the timeline can all matter.
How We Defend Indecency with a Child Allegations
1. We Analyze the Allegation Before Accepting the Narrative
The first report is not always the full story. We examine who made the allegation, when it was made, what was said before the report, and whether the accusation changed over time.
2. We Examine Motive, Context, and Family Dynamics
Some cases arise during divorce, custody disputes, family conflict, discipline issues, or retaliation. A possible motive to exaggerate or falsely accuse does not automatically win a case, but it can be a critical part of the defense.
3. We Challenge Intent
Indecency with a child requires more than an accusation of contact or exposure. The State must prove the required sexual intent. We look closely at whether the evidence actually supports that element.
4. We Review Forensic Interviews and Prior Statements
A child’s statement may have been influenced by leading questions, repeated interviews, family pressure, therapy notes, or assumptions made before the child was interviewed. We review the full timeline, not just the final accusation.
5. We Protect Against Self-Incrimination
When police or CPS want to talk, the safest move is usually to let counsel intervene first. We communicate strategically, protect your rights, and prevent a panicked explanation from becoming damaging evidence.
6. We Intervene Before Indictment When Possible
In some cases, early defense work can make a major difference. If charges have not yet been filed, we may be able to present evidence, identify weaknesses, or advocate for a no-bill before the case moves further.
What You Should Do Now
If you have been accused, contacted, or even warned that an allegation may be coming, do not wait. The decisions you make in the first few days can shape the entire case.
Do not contact the accuser or the accuser’s family.
Do not speak with police, CPS, school officials, or investigators without your attorney.
Do not try to explain the situation by text, social media, or group messages.
Preserve all messages, photos, phone records, calendars, receipts, and location information.
Do not delete anything, even if you think it looks bad or is unrelated.
Avoid posting about the situation online.
Contact an experienced criminal defense attorney immediately.
Silence is not weakness in this situation.
Final Thoughts
Being accused of indecency with a child is devastating. It can threaten your family, career, freedom, and name before a courtroom ever hears the facts. But an accusation is not a conviction, and every case has to be tested against the law and the evidence.
At Christian, Nisbet & Casillas, we approach these cases with urgency, discretion, and strategy. We know the stakes. We know how quickly assumptions can harden into charges. And we know how to fight back when your future is on the line.
When the accusation alone feels like a conviction…we’re that call
Frequently Asked Questions
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Indecency with a child is defined under Texas Penal Code Section 21.11 and generally involves alleged sexual contact with a child younger than 17, or certain exposure conduct involving a child with the required sexual intent.
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Yes. Indecency with a child by contact is generally a second-degree felony. Indecency with a child by exposure is generally a third-degree felony.
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Yes. A second-degree felony can carry 2 to 20 years in prison, while a third-degree felony can carry 2 to 10 years in prison. The exact exposure depends on the charge, facts, criminal history, and case outcome.
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A conviction or deferred adjudication can require sex offender registration. Texas DPS states that indecency with a child by contact can require lifetime registration for adult offenders. Registration consequences should be reviewed carefully with counsel.
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Yes. Defense may involve challenging the accusation, motive, timeline, witness statements, forensic interview methods, digital evidence, and whether the State can prove intent and every legal element beyond a reasonable doubt.
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No one should give a statement in this type of investigation without speaking to a criminal defense attorney first. Even well-intended explanations can be misunderstood, taken out of context, or used as evidence.
