Statutory Elements
Section summary§21.11 covers both contact and exposure offenses. The contact offense requires touching of a sexual nature; the exposure offense requires anus or genital exposure with intent to arouse or gratify. The child must be younger than 17 and not the spouse of the actor.
The elements of §21.11(a)(1) sexual contact:
- The actor engaged in sexual contact.
- The conduct was with a child younger than 17.
- The child was not the spouse of the actor.
- The actor acted with intent to arouse or gratify sexual desire (defined in §21.01).
"Sexual contact" is defined at §21.01(2) and includes touching of the anus, breast, or genitals through clothing or skin-to-skin.
Sexual Contact Subsection
Section summary§21.11(a)(1) is the more serious of the two subsections. The element of touching is broadly defined but requires the actor's intent to arouse or gratify. Defense often focuses on the intent element and the identity of the touching.
Common defenses in contact cases:
- Identity (the alleged conduct did not occur or involved another).
- Lack of sexual intent (touching was incidental or non-sexual).
- Fabricated outcry (custody disputes, coaching, suggestibility).
- Limited contact insufficient under the statute.
- The §21.11(b) affirmative defense (within three years of age, consensual).
Exposure Subsection
Section summary§21.11(a)(2) covers exposure of anus or genitals in the presence of a child with intent to arouse or gratify. The offense does not require contact or that the child see the exposure; presence and intent are the operative elements.
Exposure case defenses:
- Lack of intent (incidental exposure, no sexual purpose).
- Mistake of identity.
- Mistake of age (limited application).
- The §21.11(b) affirmative defense.
Romeo & Juliet Defense
Section summary§21.11(b) provides an affirmative defense where the actor was no more than three years older than the child, the child was at least 14, and the conduct was consensual. The defense applies to certain other offenses as well (notably §22.011).
The §21.11(b) affirmative defense requires:
- The actor was within three years of age of the child.
- The child was at least 14 (i.e., between 14 and 16).
- The conduct was consensual.
- The actor was not registered as a sex offender, did not use force, and did not have a prior conviction for certain offenses.
Evidence Issues
Section summaryChild sex cases involve specific evidence rules: outcry-witness testimony under CCP Art. 38.072, Confrontation Clause issues with child-victim testimony, expert testimony about child behavior, and physical/forensic evidence (when available).
Common evidentiary issues:
- Outcry-witness statements under CCP Art. 38.072.
- Forensic interviews at Children's Advocacy Centers (CACs).
- SANE (Sexual Assault Nurse Examiner) examinations under Government Code Chapter 420.
- Expert testimony on child sexual abuse accommodation syndrome (limited admissibility).
- Confrontation Clause and testimonial-statement analysis under Crawford v. Washington.
Registration Consequences
Section summaryBoth §21.11 subsections trigger sex offender registration. Duration is lifetime for §21.11(a)(1) with a victim under 14; 10 years for some other applications. Registration imposes residence, employment, and reporting obligations.
Registration framework under CCP Chapter 62:
- §21.11(a)(1) — lifetime registration (most applications).
- §21.11(a)(2) — 10-year registration (most applications).
- Residency restrictions (proximity to schools, parks, child-care facilities).
- Employment restrictions.
- Periodic verification and address-update requirements.
Sentencing Exposure
Section summary§21.11(a)(1) is a 2nd-degree felony (2-20 years); §21.11(a)(2) is a 3rd-degree felony (2-10 years). Both can be enhanced based on prior convictions. Probation eligibility under Article 42A is limited for these offenses.
Sentencing framework:
- §21.11(a)(1) — 2nd-degree felony, 2-20 years, up to $10,000 fine.
- §21.11(a)(2) — 3rd-degree felony, 2-10 years, up to $10,000 fine.
- Enhancement to 1st-degree available with prior felony conviction for similar offense.
- Probation eligibility limited; deferred adjudication available in some cases under CCP Article 42A.
- "3g" offense status under Article 42A.054 for §21.11(a)(1) limits parole eligibility.
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Call (972) 370-5060 →The indecency with a child framework under Section 21.11
Texas Penal Code Section 21.11 criminalizes indecency with a child and reaches two distinct categories of conduct. Section 21.11(a)(1) reaches sexual contact with a child younger than 17. Section 21.11(a)(2) reaches knowingly exposing genitals or causing the child to expose genitals to the actor with the intent to arouse or gratify the sexual desire of any person. The two subsections have distinct elements and produce different penalty levels.
The sexual contact subsection under Section 21.11(a)(1) is a second-degree felony punishable by 2 to 20 years and a fine up to $10,000. The exposure subsection under Section 21.11(a)(2) is a third-degree felony punishable by 2 to 10 years and a fine up to $10,000. The penalty differential reflects the legislative judgment that physical contact is more serious than exposure conduct, although both subsections produce serious felony convictions with substantial collateral consequences.
The sexual contact definition under Section 21.01(2) includes touching any part of the body of a child including through clothing if the touching is done with the intent to arouse or gratify the sexual desire of any person. The definition is broad and reaches conduct that may not involve direct contact with sexual organs. The defense in many cases focuses on the intent element because the contact itself may be more readily established than the specific intent to arouse or gratify.
The intent element and the proof considerations
The intent to arouse or gratify the sexual desire of any person is the central mens rea element for both subsections of Section 21.11. The intent must accompany the conduct rather than being formed afterward. The intent can be directed at the defendant own desires, the child desires, or the desires of any third party. The breadth of the intent element produces substantial scope for the prosecution to establish the element through circumstantial evidence.
The proof of intent typically depends on circumstantial evidence including the nature of the contact, the location and circumstances, the defendant statements and conduct, and the defendant other behavior that bears on sexual interest. The defense can challenge the intent element through alternative explanations of the conduct including legitimate caregiving conduct, accidental contact, and conduct without sexual purpose.
The intent defense in cases involving caregiving relationships requires careful factual development. A parent, stepparent, family member, or other caregiver who engages in conduct that has innocent explanations including hygiene, bathing, medical care, or affection should develop the specific factual record supporting the innocent explanation. The defense should also consider expert testimony about appropriate caregiver conduct and the boundaries between caregiving and inappropriate behavior.
The defense framework and the available affirmative defenses
The defense framework includes both substantive challenges to the elements and specific affirmative defenses available under the statute. The Romeo and Juliet defense discussed elsewhere applies to certain indecency cases involving close-in-age relationships. The mistake of age defense applies to certain other circumstances. The marriage defense under Section 21.11(b)(2) applies to actors who were married to the child at the time of the alleged conduct.
The marriage defense reaches conduct between spouses where the child was lawfully married to the actor at the time of the conduct. The defense reflects the recognition that lawful marriages can involve sexual conduct that would otherwise constitute the offense. The defense requires proof of the lawful marriage at the time of the alleged conduct and is most applicable to cases involving older minors in religious or cultural marriages that may be recognized under Texas law.
The element challenges focus on the specific elements of the offense. The age challenge can apply in cases where the age of the complainant is uncertain or disputed. The conduct challenge can apply in cases where the alleged contact or exposure did not actually occur or did not meet the statutory definition. The intent challenge can apply in cases where the conduct had non-sexual purpose. Each challenge requires specific factual development and may benefit from expert testimony.
Disposition options and the registration framework
The disposition options in indecency cases include plea negotiations, deferred adjudication where eligible, and contested litigation. The defense should evaluate the realistic plea options against the litigation risks. The specific charge reductions available can substantially affect the sentencing exposure and the collateral consequences. A plea to attempted indecency may reduce the sentencing exposure compared to the completed offense. A plea to a non-sexual related offense may avoid registration altogether in some cases.
Sex offender registration is mandatory for most indecency convictions under Chapter 62. The specific registration requirements depend on the specific offense and any aggravating factors. Some indecency convictions carry lifetime registration while others carry 10-year registration. The defense should understand the specific registration framework applicable to each potential disposition and should advocate for outcomes that minimize the registration impact.
The deferred adjudication option under Code of Criminal Procedure Article 42A.101 is available for some indecency cases. Successful completion of deferred adjudication produces dismissal of the case without conviction, which substantially reduces the long-term consequences. The deferred adjudication option for sex offenses has specific eligibility limits, and the defense should evaluate whether the specific case qualifies. Even where deferred adjudication is available, the registration requirements may still apply, and the defense should clarify the specific registration implications before recommending the deferred option.
Frequently Asked Questions
Is mistake of age a defense to indecency with a child?
Can a §21.11 conviction be expunged?
What is the statute of limitations for indecency with a child?
Does Texas use Sex Offender Civil Commitment for §21.11 offenders?
Read the full Texas Sex Crimes Defense Guide
This article is one section of our comprehensive Texas Sex Crimes Defense Guide. The pillar guide covers recent developments, official resources, and the complete framework with deeper analysis.
Read the Pillar Guide →Practical Checklist
- Document everything early. Communications, records, and witness contact information lose value as time passes. Preserve them at the start of the case.
- Identify all parallel proceedings. Criminal, administrative, civil, and regulatory tracks often run in parallel. A statement in one becomes evidence in another. Map the full picture before any disclosure.
- Calendar every deadline. Filing deadlines, response deadlines, discovery deadlines, and hearing dates all have consequences. Missing a deadline can foreclose defenses that the facts otherwise support.
- Build the mitigation package early. Witness letters, treatment records, employment verification, and character references take time to gather. Counsel should begin building the package at the first consultation, not as the hearing approaches.
- Coordinate counsel across forums. Where the matter implicates multiple proceedings, having coordinated counsel (whether one firm or multiple firms in close communication) avoids the strategic errors that inconsistent representation creates.
- Understand the public-record dimension. Many dispositions create searchable records that follow the licensee, defendant, or respondent for years. The decision to contest versus resolve must account for the public visibility of each path.
For a confidential evaluation of your matter, call L&L Law Group at (972) 370-5060 or email info@landllawgroup.com. Initial consultations are free.
Next Steps
If you are facing a situation described here, consult counsel promptly. Many issues in this area run on strict deadlines.
- Call (972) 370-5060
- Email info@landllawgroup.com
Cite this guide
Bluebook: Reggie London & Njeri London, Texas Indecency with a Child Defense, L&L Law Group (May 30, 2026), https://landllawgroup.com/insights/texas-indecency-with-child-defense/.
APA: London, R., & London, N. (2026, May 30). Texas Indecency with a Child Defense. L&L Law Group.