Indecency with a Child
Chapter 21 of the Texas Penal Code sets restrictions and guidelines regarding sexually based offenses in the state of Texas.
“Indecency with a Child”, as per § 21.11 of the Texas Penal Code, occurs when a person, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, 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.
An offense under 1) results in a second-degree felony and is punishable by a term of imprisonment ranging from 2-20 years, as well as a fine of up to $10,000. An offense under 2) is a third-degree felony and is punishable by a term of imprisonment ranging from 2-10 years, as well as a fine of up to $10,000.
Punishment Range
Third Degree Felony
- Imprisonment in the institutional division for not more than 10 years or less than two years
- In addition to imprisonment, may receive a fine not to exceed $10,000
Second Degree Felony
- Imprisonment in the institutional division for not more than 20 years or less than two years
- In addition to imprisonment, may receive a fine not to exceed $10,000