Definition of Indecency with a Child - Texas Penal Code Section 21.11

§ 21.11. INDECENCY WITH A CHILD. 

(a) A person commits an offense if, with a child younger than 17 years and not the person's spouse, whether the child is of the same or opposite sex, the person:

(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or

(2) with intent to arouse or gratify the sexual desire of any person:

(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or

(B) causes the child to expose the child's anus or any part of the child's genitals.

(b) It is an affirmative defense to prosecution under this section that the actor:

(1) was not more than three years older than the victim and of the opposite sex;

(2) did not use duress, force, or a threat against the victim at the time of the offense; and

(3) at the time of the offense:

(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or

(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section.

(c) 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 by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or

(2) 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.

(d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.

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lala - October 28, 2007 11:50 PM

what does Indecncy child TB mean

Charles - October 30, 2007 10:20 AM

I am trying to find out the current update on penal code 21.11 indecency with a child. I heard it changed 09/07 and was wondering what the new rule is. I have a child in a situation, and when I reported the incident, the Sheriffs office said there is nothing they can do. Someone please help! Thank you

Beth - April 10, 2008 10:28 PM

Same here. We can't find the name of the person nor can we do a background check under the criteria under penal code 21.11. We are trying to find out the name and back ground for the wife's new boyfriend as she and her boyfriend layed down with her 9 year old daughter a week after the daughter was introduced to him. There was no contact under penal code 21.11 but this is very bad judgement on the mother's part and could send up a message that this is okay to lay down with this guy. We are finding out that the law isn't too helpful and there could be a potential problem in the future that could have been avoided.

LALA - April 14, 2008 5:58 PM

WHAT HAPPENS TO THE PERSON IN JAIL WHEN THEY HAVE NO LAWYER? AND WHY DO THE COURTS KEEP RESCHEDULING THEIR COURT DATE I AM UPSET BECAUSE I WANT TO KNOW WHAT IS GOING TO BE DONE WITH THIS PERSON IS HE GOING TO SERVE TIME OR GET OUT IS THE CASE GOING TO BE DISMISSED..I DONT HAVE MONEY TO CONTACT A LAWYER OF MY OWN BUT THAT DOESNT CHANGE THE FACT THAT I LOVE MY DAUGHTER VERY MUCH AND ALL I WANT TO DO IS PROTECT HER..

Lorraine - May 7, 2008 6:43 PM

My daughter told me that her grandfather exposed himself to her a couple of weeks ago. She said it was when they were in the Dallas area. My question is it happened there in the Dallas area and we live in Eastland County, who do I call to report it?? Dallas or Eastland?? If you know please let me know my email is lorraine.roden@att.net. thanks

britt - June 2, 2008 7:19 PM

well ill risk it im have been charged with 21.11 i didnt do it well my wife even told them this is bs theri no kinda evdence or nothing it all a bucn of bs will me and wife ever been aloud to be togeather agen> and what the chance ill be proven incoent

Cindy - June 14, 2008 8:41 AM

better have about 60,000 dollars to give an attoreny or your going to jail, my brother just got out because the little girl said he touched her as he was giving her a bath said he touched her private parts with a bar of soap, he got 30 years because we had no money to get a lawyer and fight the case, they listen to the children the whole way.

anonymous - June 18, 2008 11:51 PM

I have a friend that has impregnated a 16 year old girl but it was consentual and he is only two and a half years older than she is, can this case be beaten?

Nat - July 18, 2008 7:17 PM

I have a friend in the same situation. He's being accused of indicency with a child for something he didn't commit. He was working at the property at the time, several months later the parents find out the girl was pregnant and they blame my friend for this. The District Attorney have no evidence other than a couple of people that said he confess. There's no written confession or recorded confession. Even the girl at one point confess he didn't touch her. But they said that she was trying to protect my friend. This is just too much injustice anyone knows what can be done? Thanks!

Concerned Mother - July 21, 2008 2:45 PM

I have a daughter that is 6 from a previous marriage, my current husband and i found a website for people to do background checks. I checked my friends family, and even my ex- nothing, then i rem. his father was in jail for unknown reasons we looked him up but got no picture, just a d.o.b so my husband went to the sex offender registry and up popped my ex- father in laws picture under that date of birth, he has this on his record w/ contact, the bad part is that my daughter visited him just a few weeks ago along with her father, i confronted my ex- asking why he never told me. He said it was false, so i dont know wat to believe, Weither or not its true he (grandpa) will never see my daughter again. I have always spoken to my daughter about good touch bad touch, but am totally mad at myself, because it took me this long to find out. I am constantly mapping sex offenders by my area, but never thought of the people close, i just want everyone to find a criminal search site, and input everyone u know. Im so glad i finally found out, before it was to late...

Concerned Mother - July 21, 2008 2:46 PM

I have a daughter that is 6 from a previous marriage, my current husband and i found a website for people to do background checks. I checked my friends family, and even my ex- nothing, then i rem. his father was in jail for unknown reasons we looked him up but got no picture, just a d.o.b so my husband went to the sex offender registry and up popped my ex- father in laws picture under that date of birth, he has this on his record w/ contact, the bad part is that my daughter visited him just a few weeks ago along with her father, i confronted my ex- asking why he never told me. He said it was false, so i dont know wat to believe, Weither or not its true he (grandpa) will never see my daughter again. I have always spoken to my daughter about good touch bad touch, but am totally mad at myself, because it took me this long to find out. I am constantly mapping sex offenders by my area, but never thought of the people close, i just want everyone to find a criminal search site, and input everyone u know. Im so glad i finally found out, before it was to late...

Concerned Mother - July 21, 2008 2:48 PM

I have a daughter that is 6 from a previous marriage, my current husband and i found a website for people to do background checks. I checked my friends family, and even my ex- nothing, then i rem. his father was in jail for unknown reasons we looked him up but got no picture, just a d.o.b so my husband went to the sex offender registry and up popped my ex- father in laws picture under that date of birth, he has this on his record w/ contact, the bad part is that my daughter visited him just a few weeks ago along with her father, i confronted my ex- asking why he never told me. He said it was false, so i dont know wat to believe, Weither or not its true he (grandpa) will never see my daughter again. I have always spoken to my daughter about good touch bad touch, but am totally mad at myself, because it took me this long to find out. I am constantly mapping sex offenders by my area, but never thought of the people close, i just want everyone to find a criminal search site, and input everyone u know. Im so glad i finally found out, before it was to late...

Francesca - August 10, 2008 9:40 AM

My son became ill after dad tried to have anal sex. I fought it in court but he had more money and sleazy lawyer. Now they are forcing my kids to reunify with their dad in 6 months. Police told me it was because dad never "actually" had sex but just tried. 8 CPS reports frm doctors and teachers and they still haven't done anything. 3 therapists testified and the judge still enforced visits. Why is it in this state that kids are forced to face their abusers? I need a lawyer that will represent my kids...anyone know one? Anyone know what to do? francescaroseis@yahoo.com

unknown - August 12, 2008 9:13 PM

I know someone very close to me who was charged with indicency with a child and agg sexual assault of a child he is in his fifties and has never been in trouble with the law. the kids invovled are his grandkids. and one is 15 and the other is 12. Nobody has said anything about the youngest child This news was very distrubing he is a huge family man and very caring and giving to others did not have a hard childhood he had a very loving home. never in a million years would anyone ever expect that or think that and the people that have known him for years and years automatically say he didn't do it including me. i would like to know if he is found guilty what would be the consequences like jail time and so on. and if the girls are lieing do you think that they would eventually break down and admit that it never happened. Im very worried that this isn't true!!! But then again you never know! Please let me know!

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