Penal Code · §21.11

Indecency with a Child

Indecency with a Child is covered under §21.11 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Sex Offenses" on practice exams.

To prove this offense, the State must establish each of the following elements: Victim younger than 17; Sexual contact (touching of breast, anus, or genitals, or causing child to do so) — 2nd degree, OR; Exposure with intent to arouse/gratify — 3rd degree.

Elements you must prove

  • Victim younger than 17
  • Sexual contact (touching of breast, anus, or genitals, or causing child to do so) — 2nd degree, OR
  • Exposure with intent to arouse/gratify — 3rd degree

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Worked examples

Worked example 1

Indecency with a Child by Sexual Contact (§21.11(a)(1)) is what level of offense?

  1. Class A misdemeanor
  2. State jail felony
  3. 3rd degree felony
  4. 2nd degree felony Correct
Why: Indecency with a Child by sexual contact is a 2nd degree felony; indecency by exposure is a 3rd degree felony.
Statute: Tex. Penal Code §21.11(d)