Call Now  (713) 227-4444 Email Us Hablamos
Español

Neal Davis Blog

  • About
    • Neal Davis
    • Tyler Brock
    • Andrew Jordan
    • Hiring An Attorney
  • Expertise
    • Criminal Defense
    • Sex Crime Defense
    • Child Pornography
    • Child Solicitation
    • Drug Possession
    • White Collar Crimes
    • Shoplifing/Theft
    • DWI
    • Murder Defense
    • Assault & Family Violence
    • Title IX Defense
  • Results
  • Reviews
  • Press
  • Resources
    • Blog
    • Criminal Defense Guides
    • Scholarships
Home / Sex Crimes / How Texas Deals With Charges of Indecency With a Child

How Texas Deals With Charges of Indecency With a Child

April 25, 2018

man holding child’s hand

If you face a charge of indecency with a child, you should know how Texas law deals with such charges.

First, you should know that Texas law on indecency with a child (a person under 17 years old) divides the offense into two categories: exposure, which involves no contact, and having sexual contact or causing the child to engage in sexual contact.

Each is a felony crime and must be taken seriously since indecency with a child is a major offense in Texas. If you’re already a registered sex offender or if you have previous felony convictions, the punishments for indecent exposure with a child can be much harsher.

Indecency with a Child by Exposure

Indecent exposure involves an adult exposing his or her anus or genitals to a child, or causing the child to expose his or her anus or genitals — for the explicit purpose of sexual gratification or arousal of the adult.

For a person with no prior criminal record, this charge is a third-degree felony, for which punishment includes two to 10 years in prison and a fine of up to $10,000.

Indecency with a Child by Contact

As for sexual contact (sometimes called fondling), that involves an adult touching a child’s anus, genitals or breasts, above or under clothing, or causing a child to touch someone else’s anus, genitals or breasts, above or under clothing.

Penetration isn’t required for this charge, and if penetration did occur, the charge likely would be elevated to sexual assault.

A sexual contact charge is a second-degree felony, for which punishment in Texas includes two to 20 years in prison and a fine of up to $10,000.

Fighting a Child Sex Offense Charge

Keep in mind there is no statute of limitations for indecency with a child charges. That means you could be prosecuted at any time — even many years after the alleged incident.

As for your defense against a charge of indecency with a child in Texas (via exposure or contact), that can include an affirmative defense based on age. Such a defense could apply if the person charged:

  • Was no more than three years older than the alleged victim;
  • Didn’t use threats, force or duress against the child;
  • Was of the opposite sex than the child;
  • Wasn’t already registered as a sex offender.

Another option is to plead “no contest” or “guilty” in exchange for what’s known as deferred adjudication community supervision, or probation. The judge in the case can do this if they believe it’s in the best interests of the community.

Also, if it can be proven that it’s in the best interests of the victim for a convicted defendant not to be imprisoned, but rather placed under community supervision, then a judge may choose to reduce the sentence.

For the charge of indecency with a child, the length of probation cannot be less than five years. Such probation can be modified, extended, or revoked if the defendant causes problems during probation.

Another defense can be to refute the claim altogether.

Your lawyer may discover that the accusation was false and likely made to gain leverage in a child custody fight or other legal battle. In fact, this is alleged to be the case for a prominent Houston chef who recently faced two counts of indecency with a child.

Contact the Neal Davis Law Firm so that an experienced Texas sex crime lawyer for Houston, Harris County, Fort Bend County or Montgomery County can help you plan the proper legal course. Notify us immediately for a legal review of your case. It’s confidential and at no obligation to you.

Related Resources

  • Sentencing and Penalty Guidelines for White-Collar Crimes
    Sentencing and Penalty Guidelines for White-Collar Crimes
  • Improper Teacher-Student Relationships Are On the Rise in Texas
    Improper Teacher-Student Relationships Are On the Rise in…
  • How Much Money Can Bond Be?
    How Much Money Can Bond Be?

Learn More About Sex Crime Defense


Overview of Sex Crime Defense
Child Sex Offenses
Child Pornography Possession Defenses
Online Solicitation of a Child
Texas Sex Crime Law
Indecency with a Child by Contact
Indecency with a Child by Exposure
Aggravated Child Sex Abuse
Child Molestation Defense
Continuous Sexual Abuse of a Child
Improper Teacher / Student Relationships
Hiring a Sexual Assault Defense Lawyer
Sexual Assault of a Child (Statutory Rape)
Title IX Defense & Campus Sexual Assault
5-star review image
Dismissed!
Criminal Defense  |  Houston
Charges were dismissed for possession of marijuana case
2016-11-01
"I just wanted to thank you again for all you've done for our family. We are just leaving ..."
Mother of Client S.Y., Verified Customer
5-star review image
He focused on listening and helping, not just explaining his fees
Sex Crimes  |  Houston
Client needed representation for a child sex abuse case that was complex and needed an attorney who understood the full extent of the law.
2015-10-29
"Neal represented our son and the case against him was dismissed, while other attorneys we consulted primarily focused ..."
Father of Juvenile Client I.Z., Verified Customer
5-star review image
He doesn't give up, no matter what you're up against
Sex Crimes  |  Houston
Client's child sex abuse case was dismissed
2015-06-29
"This man saved my life from false imprisonment. Neal's belief in 'liberty and justice for all' as laid ..."
M.F., Verified Customer

Categories

  • Child Pornography & Online Solicitation
  • Community
  • Criminal Defense
  • Drug Crimes
  • Federal Crimes
  • Firm News
  • Intoxication Offenses
  • Sex Crimes
  • Violent Crimes
  • White Collar Crime

Search

Child Sex Offenses: Houston Sex Crime Defense

FREE E-BOOK

Learn all about the legal process and your legal rights.

Get Your Free Copy Now

Board Certified, Criminal Law – Texas Board of Legal Specialization (2009-2021), AV Rated by Martindale Hubbell (2015), and listed as a Best Lawyer in America (2015-2022)

He doesn't give up, no matter what you're up against
M.F.
5-star review image
Got my life back
K.W.
5-star review image
Muy satisfechos con su trabajo
Tia de J.C.
5-star review image

Read All Reviews

    Contact Our Law Firm




    We respect your privacy. The use of this form does not establish an attorney-client relationship.

    Address
    Neal Davis Law Firm
    The Heights Boulevard Law Building
    1545 Heights Blvd., Suite 700
    Houston, TX 77008

    Map

    Call 24/7
    (713) 227-4444

    Office Hours
    Monday - Saturday
    8:00 AM to 6:00 PM

    Sunday: Closed


    Experienced Criminal Defense Law Firm in Texas

    While based in Houston, our law firm provides knowledgeable representation and comprehensive legal services for individuals throughout Texas, including:


    Location

    Harris County:

    Houston, Pasadena, Baytown

    Montgomery County:

    Conroe, The WoodlandsWillis, Pinehurst

    Fort Bend County:

    Sugar Land, Richmond, Needville, Cinco Ranch


    Your Houston Criminal Defense Lawyer: Neal Davis


    A principle of the American criminal justice system is that all defendants are "innocent until proven guilty." Houston criminal defense attorney Neal Davis and his skilled legal team represent individuals accused of committing crimes. For over 20 years, Neal Davis has successfully defended clients in Texas and federal courts in all types of criminal matters at all phases, from state misdemeanors to complex federal matters. Often, he has favorably resolved criminal cases quickly and quietly, without the need for trial.


    The Neal Davis Law Firm defends the rights of individuals charged with all types of state crimes, including drug offenses , child sex crimes, online solicitation of a minor , child pornography, DWI and intoxication manslaughter, fraud and theft, assault and family violence, and murder and homicide, as well as all types of federal crimes.


    Board Certified, Criminal Law – Texas Board of Legal Specialization. Serving all of counties and federal courts across Texas, including Harris County (Houston), Montgomery County (Conroe), Galveston County and Fort Bend County (Richmond). Enjuris Texas personal injury guide

    © 2023 Neal Davis Law Firm, PLLC. All rights reserved. Law Firm Online Marketing by SEO Advantage, Inc.


    Legal Information

    The information and materials on this website are provided for general informational purposes only, and are not intended to be legal advice. We attempt to provide quality information, but the law changes frequently, and varies from place to place. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. An attorney and client relationship should not be implied. Nothing on this website is intended to substitute for the advice of an attorney; therefore, if you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction. Every case is different and individual results may vary depending on the facts of a case.