John T. Floyd Law Firm
Houston Criminal Lawyer
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Indecency With A Child
State Law:
(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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