What constitutes indecency with a child?

Posted By Law Offices of Jeffrey C. Grass || 4-Sep-2015

Oftentimes, Dallas residents hear the world “child” associated with sex crimes and immediately assume the worst. If you are accused of a crime such as indecency with a child, the resultant damage done through assumptions and innuendo may be irreparable. You may quickly find that when it comes to alleged sex crimes involving children, you are not afforded the benefit of the doubt, even if the details of your case are unknown. The only chance at redeeming your reputation may be through your ability to successfully argue against such a charge. That may be a possibility, given the unique nature of this charge.

The state penal code that defines sex crimes in Texas classifies indecency with a child as sexual activities undertaken with a partner under the age of 17. This includes exposing or enticing your partner to expose either the anus or the genitals for the purpose of becoming sexually aroused. The law also prohibits any sexual contact, which can include petting both over and underneath clothing. Any participation in such activities could net you a third degree felony charge.

Yet what if you and your partner are near each other in age? The law recognizes this as an acceptable defense to this charge, provided that you are no more than three years older than your partner, and that he or she is of the opposite sex. You also need to show that you did not coerce him or her into the sexual contact by any means of intimidation or the threat of force. Finally, you cannot have had a previous conviction for a sex crime on your record, or be required to register as a sex offender. You also may argue against such a charge if you were married to your partner at the time of the encounter.