The Heights Boulevard Law Building 1545 Heights Blvd., Ste 700 Houston, TX 77008

Houston Indecency with a Child by Contact Defense Attorney

Have you been charged with indecency with a child by contact in Texas? Learn what to expect in your case based on Texas penal code and criminal law.

Here’s a scenario: You walk into a public restroom to wash your hands. As you do, an unsupervised child runs out of the bathroom and tells his parents that you touched him in his privates. Now it’s his word against yours and the social stigma of such an accusation is not in your favor.

Being accused of indecency with a child by contact (also referred to as “fondling”) is a very serious situation. If you’ve been charged with a child sex offense, it is imperative you contact a Texas sex crime defense lawyer immediately to discuss your constitutional rights to a fair defense.

Not only is your freedom at stake if you are convicted and sentenced to many years in prison, but your job, reputation, friendships and relationships with loved ones are all on the line too.

Houston sex crime defense lawyer; indecency with child by contact sex crime charges

At the Neal Davis Law Firm of Houston, our experienced trial lawyers specialize in complicated criminal defense cases like indecency with a child and other child sex offenses in Texas and nationwide. We are often able to favorably resolve sex crime cases quickly and quietly, without the need for trial - helping to preserve your freedom and reputation.

Don’t leave your case up to chance.

Contact an experienced Houston child sex crime defense attorney today to discuss your case and secure the best possible outcome.
There’s no cost, no commitment - this first one’s on us.


What is indecency with a child by contact?

The criminal act of indecency with a child is separated into two distinct offenses in Texas: indecency with a child by contact and indecency with a child by exposure.

According to Texas Penal Code (Section 21.11), indecency with a child is defined as follows:
A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex, the person:

  • 1. engages in sexual contact with the child or causes the child to engage in sexual contact; or
  • 2. with intent to arouse or gratify the sexual desire of any person:
    • a. exposes the person's anus or any part of the person's genitals, knowing the child is present; or
    • b. causes the child to expose the child's anus or any part of the child's genitals.

The first act is considered indecency with a child by contact, whereas the second act is indecency with a child by exposure. The punishments for committing these two child sex offenses differ.

“Sexual contact,” as defined by the law, refers to acts committed with the intent to arouse or gratify the sexual desire of any person, including touching a child’s genitals, breast or anus (or touching any part of a child’s body with a person’s genitals, breast or anus). Sexual contact can occur regardless of whether or not the touching was through clothing.

Possible Defenses for Your Indecency with a Child by Contact Case

Texas child sex offense law (under Section 21.11) lists two possible defenses for individuals accused of indecent contact with a child:

  • Consent. If the accused person is less than four years older than the child, the opposite sex as the child, not a registered sex offender and there was no use of force or threats against the child, then the defendant may be able to claim a consenting age defense.

  • Marriage. If the accused is married to the minor, then no offense has occurred.

While these defenses are the only two listed by Texas sex crime law, many other defenses may be available to you depending on the details of your case. Contact an experienced sex crime defense attorneys to explore all your legal options.

Indecency with a Child by Contact Charges: TX Sentencing & Punishment

Indecency with a child by contact is a more serious offense than indecent exposure and it is considered a second-degree felony in the state of Texas.

If a person is convicted of engaging in sexual contact with a child or causes a child to engage in sexual contact, they may face up to 20 years in prison, a fine of up to $10,000, or both.

Many aggravating factors may play a role in how harsh or lenient the sentencing is for indecent contact with a child, such as if the defendant is a first-time or repeat offender, if the accused’s actions were considered violent, if the accused committed the crime under great stress or duress as well as other mitigating circumstances.

Looking for the Best Child Sex Crime Defense Attorney
in Harris County and Texas?

Indecency with a child cases are typically very complex and complicated legal matters. In court, child sex offense cases often turn into the child’s word against the defendant and many people are sent to prison on this alone, despite a lack of physical evidence. That’s why it is important to hire an attorney as soon as possible - even before you or a loved one are formally charged with indecency with a child by contact, if possible.

You will never be able to talk your way out of this corner. Anything you say can and will be used against you, which is why you should always have an attorney present when talking to police.

Being charged with indecency with a child by contact is serious. Contact a serious Houston criminal defense lawyer at the Neal Davis Law Firm to secure the best possible outcome. Neal Davis has nearly 20 years of experience successfully defending clients in high-profile state and federal cases in Harris County and across the state of Texas.

Schedule your free consultation with our experienced Houston child sex crime defense attorneys today if you are ready to take the next step and fight for your rights. Otherwise, we invite you to continue learning by taking advantage of the following resources:

Related Articles From our Sex Crime Defense Blog

consent in sex assault cases in Texas
How Alcohol Affects Consent in Texas Sex Assault Cases

If you face a claim or a charge of sexual […]

false sex assault allegations 2018
False Claims of Sexual Assault: Rare But Very Real

The recent claims of sexual assault against U.S. Supreme Court […]

false sex assault allegations against California dentists
Sexual Assault Charges Dropped Against Four California Dentists

False claims of rape are common in today’s society. Just […]

Texas sex offender registration out-of-state
Should You Register as a Sex Offender in Texas if Convicted Elsewhere?

If you were convicted of a sex crime in another […]

false sex crime allegation resources
7 Resources for When You’re Falsely Accused of a Sex Crime

If you face false allegations of rape, sexual assault or […]

Texas sex offender registration information
How Much Can the Public Know About Texas Sex Offenders?

If you face a sex crime charge and the prospect […]

TX Personal Injury Law

5-star review image
He focused on listening and helping, not just explaining his fees
Client needed representation for a child sex abuse case that was complex and needed an attorney who understood the full extent of the law.

" Neal represented our son and the case against him was dismissed, while other attorneys we consulted primarily focused on explaining their fees and pushed us to settle. Neal took time to understand our needs and truly appreciate our values and to convey to the Court, the District Attorney and the Judge the true essence of the case details and the circumstances of how our son was himself victimized, versus treating us as another case. He saw the case through to the utmost extent of the law, so our son, who is an honor student, was completely exonerated, and he made sure that support and professional help were in place during the experience. He declined the court's offer of a 2-year probation and pushed harder with the D.A. even though we had already paid him his fees. Most attorneys would have simply walked away at that point; however, Neal wasn't satisfied with the results and had the case reset since he knew it was not a fair result for my son. In the end, the case was dismissed. "

Sex Crimes • Houston • Rating: 5.0/5
5-star review image
Got my life back
Positive outcome in online solicitation case

" Words cant express how grateful i am for having Neil on my side. I was involved in a police sting for online solicitation. When i though my life was over i contacted Neil. He told me he would do everything he could to get me out of my situation. He kept me up to date and answered when i called. In the end my case ended with a no bill and i can finally start living my life again."

Online Solicitation • Houston • Rating: 5.0/5
5-star review image
He doesn't give up, no matter what you're up against
Client's child sex abuse case was dismissed

" This man saved my life from false imprisonment. Neal's belief in 'liberty and justice for all' as laid out in the Constitution of the United States, and especially as that principle relates to constitutional rights regarding the receipt of a fair trial, coupled with his refusal to quit fighting, are attributes of a noble spirit and a man of high character. When I interviewed Neal to defend me against very serious false accusations and criminal charges that followed, his candor about what I was up against and his real interest in my general welfare made choosing him to defend me a 'no brainer.' Hiring Neal after hearing Dick DeGuerin say 'Neal is a real fighter' was the best decision I could have made and this was after interviewing a number of attorneys. He cares about people, truth, and justice; an attorney who will not give up; a man who will defend the rights of anyone accused of a crime with every fiber of his being to ensure fairness and the protection of our legal rights."

Sex Crimes • Houston • Rating: 5.0/5

Read All Reviews

5/5 based on 50 reviews.