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Indecency With A Child

SAN ANTONIO Indecency With a Child LAWYERS

To prove the criminal offense of indecency with a child, the State does not have to prove that the defendant knew the victim was younger than 17. A mistake about the child’s age is not a defense to the charge.

The misdemeanor crime of indecent exposure under Penal Code § 21.08 can be a lesser included offense of indecency with a child. For example, in Briceno v. State, 580 S.W.2d 842 (Tex.Crim.App. 1979), the court found that the lesser included offense of indecent exposure could be raised in a case in which the defendant testified that he did not know that a child was present and was, therefore, being reckless.

In some cases, indecency with a child is a lesser-included offense of aggravated sexual assault of a child when both offenses are predicated on the same act. See Evans v. State, 299 S.W.3d 138 (Tex.Crim.App. 2009).

Attorney for Crimes of Indecency With a Child in San Antonio, TX

If you were charged with the felony offense of indecency with a child by conduct or exposure then contact an experienced criminal defense attorney at Flanary Law Firm, PLLC in San Antonio, TX. Don Flanary represents clients with sexually motivated crimes in Bexar County and the surrounding areas.

Call (210) 899-7566  today.

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Indecency With a Child by Sexual Contact

Under Texas Penal Code Section 21.11(a)(1), the crime of indecency with a child by sexual conduct is a second-degree felony. The elements of the crime include:

  • the defendant engages in sexual contact with the child or causes the child to engage in sexual contact;
  • the act is committed with a child younger than seventeen (17) years of age;
  • the child is of the same or opposite sex.

If the breast of a female or the anus or genitals of anyone is touched, there is no crime unless the touching was done with the intent to arouse or gratify some person’s sexual desire.

The crime of indecency with a child is committed by touching the breast or anus of another person with the requisite intent. Touching of the “anus” means actual touching of the posterior opening of the alimentary canal and does not include buttocks. See Pryor v. State, 719 S.W.2d 628 (Tex.App.-Dallas 1986, pet. ref’d).

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Definitions for the Indecency With a Child Statute in Texas

The term “sexual contact,” means any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child, or any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person with the intent to arouse or gratify the sexual desire of any person.

The term “spouse” means a person who is legally married to another.

A person acts intentionally, or with intent, with respect to the nature of his conduct when it is his conscious objective or desire to engage in the conduct.

If you were charged with the serious criminal offense of indecency with a child by conduct or exposure, then contact an experienced criminal defense attorney in San Antonio, TX, at Flanary Law Firm, PLLC. Don Flanary is experienced fighting criminal charges for sexually motivated crimes throughout San Antonio, TX, and the surrounding areas in Bexar County including New Braunfels, Schertz, Seguin, Boerne, Canyon Lake, Cibolo, Converse, Leon Valley, Live Oak, Timberwood Park, Universal City, Alamo Heights, Fair Oaks Ranch, Floresville, Helotes, Hondo, Kirby, Lackland AFB, Lakehills, Pleasanton, Selma, Terrell Hills, and Windcrest.

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