Facing Indecency with a Minor Charges in San Antonio? Your Defense Must Begin Now

The Devastating Impact of an Indecency with a Minor in Texas Allegation

In Texas, an accusation of Indecency with a Minor is a legal emergency of the highest order. Charged under Texas Penal Code § 21.11, this offense strikes at the core of societal fears and is prosecuted with immense severity. An allegation alone can trigger catastrophic personal and professional fallout—immediate loss of employment, irreparable damage to family relationships, and social ostracism—long before any evidence is heard in a courtroom. At Barton & Associates, Attorneys at Law, we understand that these cases are among the most complex and emotionally charged in the criminal justice system. They often hinge on nuanced interpretations of behavior, witness testimony, and the testimony of minors, which requires a defense team with specific expertise in these sensitive matters. If you are under investigation or have been charged, your freedom and your future demand an immediate, aggressive, and strategic defense.

The legal consequences of a conviction are severe and permanent. Depending on the specific allegations, you face the prospect of 2 to 20 years in a Texas state prison and mandatory lifetime registration as a sex offender. This public registry will dictate where you can live, work, and exist within your community, effectively ending your career and isolating you from society. The state approaches these cases with a presumption of guilt, making your choice of legal counsel the single most important decision you will make. At Barton & Associates, our team of former felony prosecutors knows the playbook the state uses, and we are prepared to challenge it from the very first moment.

Understanding the Two Distinct Charges Under Texas Law

Texas law defines “Indecency with a Child” in two distinct ways, each with its own elements and penalties. It is crucial to understand the specific allegation you face, as the defense strategy for each differs significantly.

1. Indecency with a Child by Contact (Texas Penal Code § 21.11(a)(1))

This is the more serious of the two charges, classified as a second-degree felony. It is committed if, with a child younger than 17 years of age, a person engages in sexual contact with the child or causes the child to engage in sexual contact.

• Key Legal Term – “Sexual Contact”: This is defined as any touching of the anus, breast, or any part of the genitals of a child, or any touching of any part of the child’s body with the anus, breast, or any part of the genitals of another person, with the intent to arouse or gratify the sexual desire of any person.
• The Central Element – Intent: The prosecution must prove not just that contact occurred, but that it was done with the specific intent of sexual arousal or gratification. This subjective intent is a frequent battleground in defense. Contact that could be interpreted as innocent or accidental (e.g., helping a child change clothes, a hug, a medical examination) does not meet this legal standard without proof of sexual intent.

2. Indecency with a Child by Exposure (Texas Penal Code § 21.11(a)(2))

This charge is a third-degree felony. It is committed if, with a child younger than 17 present, a person exposes their anus or any part of their genitals, knowing the child is present, with the intent to arouse or gratify the sexual desire of any person.

• Key Elements: The state must prove: (1) exposure, (2) knowledge that a child was present, and (3) the specific intent to arouse or gratify. This charge can be alleged in situations ranging from deliberate flashing to potentially ambiguous scenarios where exposure was not intended to be seen by a child.

The Severe Penalties and Lifetime Consequences of a Conviction

The penalties upon conviction are designed to be punitive and lasting. The following table outlines the immediate and long-term consequences:

• Indecency with a Child by Contact: Second-Degree. 2 to 20 years Up to $10,000 Mandatory
• Indecency with a Child by Exposure: Third-Degree. 2 to 10 years Up to $10,000 Mandatory

The Mandatory Sex Offender Registration: This is the most enduring punishment. Registration is for life and requires:

• Annual in-person verification with local law enforcement.
• Providing detailed personal information (address, employment, vehicle) for a publicly accessible database.
• Drastic restrictions on where you can live (often cannot live within 1,000 feet of schools, parks, or daycare centers).
• Constant public scrutiny, community notification, and virtually insurmountable barriers to employment and housing.

Our Strategic Defense Approach: Challenging Intent, Credibility, and Evidence

At Barton & Associates, we deploy a defense strategy built on our former prosecutorial insight and a deep understanding of how to challenge these delicate cases. We do not accept the state’s narrative and begin our own investigation immediately.

1. Challenging the Element of Sexual Intent

This is often the cornerstone of our defense. The prosecution must prove beyond a reasonable doubt that your actions were driven by a desire for sexual arousal or gratification. We attack this by:

• Presenting evidence of innocent context for the alleged contact or exposure (e.g., a parent bathing a young child, a doctor performing an examination, an accidental exposure in a locker room).
• Demonstrating a
• Consulting with experts in child development or forensic psychology to explain how behaviors can be misinterpreted.

2. Rigorously Investigating the Credibility of the Allegation

We conduct a meticulous, sensitive investigation into the origins of the allegation. This includes examining:

• Potential Motives for False Allegations: These can arise in high-conflict situations like bitter child custody battles, parental alienation, adolescent anger or rebellion, or a child’s misunderstanding of appropriate boundaries that is influenced by others.
• Inconsistencies in Statements: We analyze every interview, statement, and testimony from the child and other witnesses for contradictions, changes over time, or signs of coaching or improper influence.
• The Interview Process: We scrutinize how law enforcement or child advocacy centers interviewed the minor. Were questions leading or suggestive? Did they employ techniques known to create false memories or elicit unreliable testimony?

3. Asserting a Defense of Mistake of Fact

In some cases, a viable defense is that you were reasonably mistaken about a crucial fact. The most common in these cases is a mistake regarding the child’s age. While Texas law is strict, there may be circumstances where a reasonable person could have believed the individual was 17 or older. We gather evidence to support this reasonable belief.

4. Challenging Illegal Searches and Constitutional Violations

We file aggressive pre-trial motions to suppress any evidence obtained in violation of your rights. If law enforcement conducted an unlawful search of your home, phone, or computer, or if they continued questioning you after you invoked your right to an attorney, we can argue to have that evidence excluded from trial.

5. Exploring Pretrial Diversion and Negotiated Resolutions

In certain cases, particularly for first-time allegations of Indecency by Exposure with less compelling evidence, it may be in your interest to negotiate a resolution that avoids a trial and a lifelong sex offender label. Our experience allows us to assess when negotiation is prudent and to fight for the best possible terms, such as deferred adjudication that could lead to a dismissal.

The Barton & Associates Advantage: Former Prosecutors Who Know the System

Your defense requires an attorney who is not intimidated by the nature of the charges. Our team of Former Texas Felony Prosecutors provides a critical strategic edge:

• Insider’s Playbook: We have prosecuted these exact cases. We know the strategies, the evidence, and the arguments the state will use, allowing us to anticipate and counter them from the outset.
• Trial-Tested in Sensitive Cases: We have the courtroom experience and composure to handle the emotionally charged atmosphere of these trials, cross-examining witnesses effectively and presenting a compelling case to a jury.
• Immediate Case Assessment and Action: We understand that the first days after an allegation are crucial for preserving evidence and shaping the narrative. We act with urgency to protect your interests.

Take Immediate Action: Your First Step is Critical

If you are under investigation or have been charged, you must not speak to anyone about the case. Do not discuss it with police, Child Protective Services, family, or friends. Anything you say can be misconstrued and used against you. Your only statement should be: “I will not answer any questions without my attorney. I am invoking my right to remain silent and my right to counsel.”

Contact Barton & Associates immediately at 210-500-0000 for a confidential and urgent case evaluation. We will begin building your defense from the moment you call, using every resource to protect your freedom and your future.

Main Category: Criminal Defense
Practice Area Category: Sex Crimes
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000