Penal Code · §21.11
Indecency with a Child
Elements
- The actor
- With a child younger than 17 years (regardless of whether the actor knows the age)
- Engages in sexual contact with the child or causes the child to engage in sexual contact (§21.11(a)(1)); OR
- With intent to arouse or gratify the sexual desire of any person, exposes the actor's anus or any part of the actor'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 (§21.11(a)(2))
Penalty
Sexual contact (§21.11(a)(1)): Second-degree felony — 2 to 20 years TDCJ + up to $10,000 fine (§12.33). Exposure (§21.11(a)(2)): Third-degree felony — 2 to 10 years TDCJ + up to $10,000 fine (§12.34).
Enhancements
Sex offender registration required (Tex. Code Crim. Proc. ch. 62). If multiple acts over 30+ days and victim is under 14, prosecute as Continuous Sexual Abuse under §21.02. Affirmative defenses available under §21.11(b) for certain age-similar dating contexts.