Indecency With A Child

Facing an accusation or charge of indecency with a child can change your life forever. Your professional and family life will be significantly affected if you do not choose the right course of action. Now is not the time to talk to your accuser, their family, or the police in an attempt to clear things up. Your top priority should be hiring an experienced, skilled lawyer to fight for and guide you through this trying time.

When you hire The Wilder Law Firm, you are hiring a competent team that will immediately start protecting you and your future. We will advise you on how best to proceed so that you do not put yourself at further risk or do anything to jeopardize your case. Now is the time to hire an experienced lawyer to help and fight for you during this most overwhelming time. Call The Wilder Law Firm at 214-741-4000 for immediate help.

What is Indecency With a Child? 

Under Texas Penal Code 21.11, a person commits indecency with a child if, with a child younger than 17 years of age, the person:

  1. Actually engages in sexual contact with a child, or causes the child to engage in sexual contact with another; or
  2. With intent to arouse or gratify the sexual desire of any person:
  1. Exposes themselves, knowing the child is present; or
  2. Causes the child to expose themselves (Section 21.11).

Indecency with a child occurs whether or not the person knew the age of the child at the time. 

In this section, “sexual contact” means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:

  1. Any touching, including touching through clothing, of the sexual organs of a child; or
  2. Any touching of any part of the body of a child, including touching through clothing, with the sexual organs of that person (Section 21.11).

I will carefully review your situation to determine if it even qualifies as indecency with a minor. This is the first step in helping you after an accusation or a charge. 

We Know How to Defend You: Here’s How

When fighting indecency with a child allegations, we will gather all of the evidence, thoroughly review the facts with you, and determine the most effective defense strategy. There are always two sides to a story, and our focus is on most effectively presenting your side. Here are a few defenses that we always investigate:

  • Lying/False Allegations
  • Mistaken Identity
  • Reasonable Doubt
  • Age and Consent
  • Legally Married

Lying/False Allegations

No one wants to believe that a child would lie about such a crime, but the fact is that they do. At times a child is not honest just to get attention. It is common in divorces for children to lie about one parent so they can live with the other. Unfortunately, children are often coerced into lying, especially when parents are fighting over custody.

Mistaken Identity

At times the wrong person gets accused. Something happened to the child, you just were not the one who did it. At times children will tell the truth about what happened but wrongly accuse who did it.

Reasonable Doubt

At times the evidence coupled with the allegations just don’t add up. It may appear that the child is being honest, but the facts and circumstances surrounding the allegation do not match, thus raising doubt. Reasonable doubt is on your side. 

Age and Consent

The first affirmative defense to consider has three parts. These include: 

Part One: You are of the opposite sex of the victim and not more than three years older than they are.

Part Two: You did not use force, duress, or threaten the victim during the event in question.

Part Three: At the time of the offense, you were not required to register as a sex offender for life, and you did not have a reportable adjudication or conviction for an offense under section 21.11.

Legally Married

Another affirmative defense that might apply to your situation is if you were married to the accuser when the offense took place. 

Penalties for Indecency With a Child

Engaging in sexual contact with the child or causing the child to engage in sexual contact, you face the following penalties:

  • A prison sentence of 2-20 years. 
  • A fine of up to $10,000.
  • Probation for 2-10 years.

Engaging in sexual contact with intent to arouse or gratify the sexual desire of any person, you face the following penalties:

  • A prison sentence of 2-10 years.
  • A fine of up to $10,000.
  • Probation for 2-10 years.

Other consequences of indecency with a child include:

  • Registration as a sex offender.
  • Restrictions regarding where you can live.
  • Restrictions on where you can work and what jobs you can hold.
  • Inability to get certain professional licenses or loss of professional license.
  • Permanent criminal record.
  • Citizenship denial or deportation. 
  • Removal of permanent resident status or visa.
  • Visitation or custody loss of your children.
  • Right to possess firearms will be lost.
  • Voting rights loss.
Our #1 Focus is Protecting Your Future

When you are accused of indecency with a child, you need my firm in your corner. From start to finish, we will ensure that you are not taken advantage of by the criminal justice system. We will ensure that you do not do anything that will jeopardize your case. We are an effective, aggressive team that will fight for you and the best outcome. Don’t wait, every moment is crucial after an accusation or charge has been made. Contact us immediately at 214-741-4000 for the help that you need! 

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We are passionate and determined about what we do, and we fight for our clients. If you’ve found yourself or a loved one in trouble, don’t give up hope. We have a criminal defense attorney who can help.

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