Child Molestation Attorney in San Antonio

What Indecency with a Child Means Under Texas Law

Child molestation is a general, nonstatutory term. Texas Penal Code § 21.11 uses the offense name indecency with a child when the child is younger than 17. The law distinguishes between allegations involving contact and those involving exposure.

The distinction depends on the alleged conduct:

• Indecency by contact: Sexual contact with a child younger than 17.
• Indecency by exposure: Exposing the accused person’s anus or genitals while knowing a child is present, or causing the child to expose the child’s anus or genitals, with the intent to arouse or gratify sexual desire.

The statute applies regardless of whether the accused knew the child’s age. A defense therefore requires close attention to each statutory element and the evidence supporting or contradicting it.

Felony Penalties & Registration Concerns

The potential felony classification depends on whether the allegation involves contact or exposure. Any sentence within the statutory range depends on the charge, case circumstances, and court proceedings.

Texas law establishes the following penalty ranges:

• Indecency by contact: A second-degree felony carrying two to 20 years in prison and a possible fine of up to $10,000.
• Indecency by exposure: A third-degree felony carrying two to 10 years in prison and a possible fine of up to $10,000.

Sex offender registration may also be at issue, but it isn’t automatic in every case, and no single duration applies universally. Whether registration applies and how long it lasts depend on the controlling law, the case’s disposition, and the specific circumstances.

Affirmative Defenses Under Texas Penal Code § 21.11

An affirmative defense is a legally recognized defense that applies when its statutory conditions are established. Texas law provides limited affirmative defenses to an indecency with a child allegation, but they don’t apply simply because the accused and child knew each other or were in a relationship.

One affirmative defense may apply when the accused was no more than three years older than the child, the parties were of the opposite sex, and no duress, force, or threat was used. The accused also must not have been required to register for life as a sex offender. Another affirmative defense may apply if the accused was the child’s spouse when the alleged offense occurred.

Each requirement must be assessed against the facts. Age differences, the nature of the alleged conduct, and evidence concerning force or threats can affect whether a statutory defense is available.

Indictment & Felony Proceedings in Bexar County

An accusation or investigation can begin well before formal charges or an indictment. A grand jury reviews evidence to determine whether probable cause exists to issue an indictment. Bexar County felony cases typically reach the Criminal District Courts after this process.

Obtaining counsel before indictment allows defense work and communication with the District Attorney’s office to begin while the case is developing. If a Bexar County criminal case later proceeds to an appeal, that appeal goes to the Fourth Court of Appeals in San Antonio.