The state’s highest criminal court has ruled that “sexual contact” may be accomplished by way of “any touching by a person, including touching through clothing…”Thus, it is possible to commit indecency with a child by sexual contact without necessarily committing indecency with a child by exposure.It is also possible for a person to commit indecency with a child by exposure without necessarily committing indecency with a child by sexual contact because a person can commit the required exposure without ever engaging in contact.In effect, the Texas Legislature with Tex. Penal Code § 21.11 created two distinct types of indecency with a child offenses.Simply stated, if a person’s conduct does not result in “sexual contact” with very specific parts of the body or exposure of very specific parts of the body, there is no offense, regardless of the person’s mental state.

Indecency with a ChildThe fifth Texas sex crime is indecency with a child—the topic of this article. This law, which was enacted in 1973, can be found in the Texas Penal Code Section 21.11. Indecency with a child can be committed two ways in Texas: either by contact or exposure. Indecency with a child by contact is a second-degree felony (2 to 20 years) while indecency by exposure is a third-degree felony (2 to 10 years).Indecency by ContactIndecency with a child by contact is the touching, even through clothing, of any part of the child’s (female or male under the age of 17) genitals, anus, or breast; or having the child touch any part of the person’s genitals, anus, or breast of the person who is three years or older than the child.Indecency by ExposureIndecency with a child by exposure is the exposure of an accused’s genitals or anus when they know a child is present, or when they cause a child to expose her/his genitals or anus.