Protecting Your Rights: Indecency With a Minor Defense in Austin, Texas
A charge of indecency with a minor is one of the most serious and stigmatizing criminal allegations a person can face. The mere accusation can destroy your reputation, cost you your job, and separate you from your family and friends. If convicted, the consequences are devastating: years in prison, mandatory sex offender registration for life, loss of parental rights, and a lifetime of stigma. The stakes could not be higher. The need for experienced, aggressive legal representation could not be more urgent.
At Barton & Associates, Attorneys at Law, we defend clients throughout Austin and Central Texas against indecency with a minor charges. From the neighborhoods of Central Austin to the communities of Round Rock, Cedar Park, Lakeway, Kyle, and Dripping Springs, our attorneys bring decades of experience to sex crime defense. We understand that these cases are often built on accusations alone, with little physical evidence, frequently involving delayed reporting, and that a skilled defense can expose weaknesses in the State’s case, challenge unreliable witnesses, and protect your rights.
Whether you are facing allegations of indecency by contact or indecency by exposure, we provide the strategic guidance and aggressive representation you need to protect your freedom, your reputation, and your future.
Understanding Indecency With a Minor Charges in Texas
Under Texas law, indecency with a minor encompasses two distinct types of conduct: sexual contact and exposure. Understanding the specific charge you face is essential to building your defense.
Indecency With a Minor by Contact:
Under Texas Penal Code Section 21.11(a)(1), a person commits indecency with a minor by contact if they engage in sexual contact with a child under 17 years of age. Sexual contact includes:
- Touching the anus, breast, or genitals of the child
- Causing the child to touch the anus, breast, or genitals of the actor
- Any touching intended to arouse or gratify sexual desire
Indecency With a Minor by Exposure:
Under Texas Penal Code Section 21.11(a)(2), a person commits indecency with a minor by exposure if they expose their anus or genitals to a child under 17 with the intent to arouse or gratify sexual desire.
The Penalty:
Indecency with a minor is a second-degree felony, punishable by:
- 2 to 20 years in prison
- A fine of up to $10,000
Aggravating Factors:
If the child is under 14 years of age, the offense is still a second-degree felony, but sentencing may be more severe. If the offense involves a pattern of conduct, the charge may be enhanced to continuous sexual abuse of a young child.
For families in Austin, an indecency with a minor charge is among the most serious criminal allegations possible.
What Is the Penalty for Indecency With a Minor in Texas?
Indecency with a minor is a second-degree felony in Texas, punishable by 2 to 20 years in prison and a fine of up to $10,000.
Factors That Affect Sentencing:
- Whether the offense involved contact or exposure
- The age of the child (under 14 vs. 14-16)
- Whether force or threats were used
- Your criminal history
- Whether there were multiple victims
Collateral Consequences:
- Sex Offender Registration: Lifetime registration required for all indecency with a minor convictions
- Loss of Parental Rights: May lose custody of children
- Employment Restrictions: Cannot work in schools, daycare centers, or positions involving children
- Housing Restrictions: Cannot live within 1,000 feet of schools, parks, or daycare centers
- Loss of Professional License: Licensing boards may suspend or revoke licenses
- Immigration Consequences: Non-citizens face mandatory deportation
Enhancements:
If the defendant has a prior indecency conviction, the charge may be enhanced to a first-degree felony. If the offense is part of a pattern of conduct, it may be charged as continuous sexual abuse of a young child, which carries a minimum sentence of 25 years.
For families in Austin, an indecency with a minor conviction can devastate your life.
How to Defend Indecency With a Minor Charges
Defending against indecency with a minor charges requires a strategic approach. The State often relies heavily on the word of the accuser, and the defense must expose weaknesses in that testimony.
Defense 1: False Allegations
False allegations of indecency arise in many contexts:
- Custody Disputes: In contentious divorces, one parent may accuse the other to gain advantage in custody proceedings
- Retaliation: The accuser may be retaliating for a perceived wrong
- Mental Health Issues: The accuser may have mental health issues that cause them to make false allegations
- Miscommunication: A child may misinterpret innocent contact (bathing, diaper changing, etc.)
- Delayed Reporting: When allegations are made years after the alleged incident, memories fade and motives may be questioned
Evidence of false allegations may include:
- Inconsistent statements by the accuser
- Motive to lie (custody disputes, financial gain, revenge)
- Witnesses who contradict the accuser’s story
- The absence of physical evidence
- Prior false allegations by the same accuser
Defense 2: No Sexual Intent
Indecency with a minor requires that the touching or exposure was done with the intent to arouse or gratify sexual desire. If the contact was innocent—such as bathing a child, changing a diaper, or accidental touching—you have a defense.
Defense 3: Lack of Physical Evidence
Many indecency cases lack physical evidence. Without DNA, injuries, or other corroborating evidence, the State’s case rests entirely on the word of the accuser. Your attorney can argue that the State has failed to meet its burden of proof.
Defense 4: Challenging Forensic Interviews
Child accusers are often interviewed by forensic interviewers at Child Advocacy Centers. Your attorney can challenge:
- The methodology of the interview
- Whether the interviewer used leading questions
- Whether the interviewer was properly trained
- Whether the child was coached
Defense 5: Challenging Outcry Witnesses
In child sexual abuse cases, the State often calls an “outcry witness”—the first adult the child told about the alleged abuse. Your attorney can challenge:
- Whether the outcry was spontaneous or coerced
- Whether the witness’s testimony is consistent
- Whether the witness has an agenda
Defense 6: Mistaken Identity
In some cases, the child may have misidentified the perpetrator. Your attorney can challenge:
- The circumstances of the identification
- Whether the child had a prior relationship with the alleged perpetrator
- Whether the description matches the defendant
For families in Austin, a strong defense can mean the difference between a lifetime in prison and acquittal.
Indecency by Contact vs. Indecency by Exposure
Understanding the distinction between indecency by contact and indecency by exposure is essential to your defense.
Indecency by Contact:
- Involves actual touching of the anus, breast, or genitals
- Carries the same penalty as exposure (2 to 20 years)
- Often involves allegations of sexual abuse
- May be supported by physical evidence
Indecency by Exposure:
- Involves exposing the anus or genitals
- Does not involve touching
- Often involves allegations of public masturbation, “flashing,” or indecent exposure
- May be supported by witness testimony
Defending Indecency by Exposure:
- No Intent: The exposure was not intended to arouse or gratify sexual desire (e.g., changing clothes, accidental exposure)
- No Knowledge: You did not know a child was present
- Mistaken Identity: The accuser may have misidentified you
For families in Austin, understanding the distinction helps focus your defense.
The Role of Child Advocacy Centers
In Texas, allegations of child sexual abuse are often investigated through Child Advocacy Centers (CACs). Understanding how CACs operate is essential to your defense.
What CACs Do:
- Conduct forensic interviews of child accusers
- Coordinate investigations between law enforcement and child protective services
- Provide medical evaluations
- Offer counseling services
Problems with CAC Investigations:
- Leading Questions: Interviewers may use leading questions that suggest answers
- Multiple Interviews: Children may be interviewed multiple times, increasing the risk of contamination
- Confirmation Bias: Investigators may seek evidence that confirms their suspicions while ignoring evidence that contradicts them
- Lack of Recording: In some cases, interviews are not recorded, making it difficult to challenge the methodology
Challenging CAC Evidence:
Your attorney can:
- Obtain recordings of forensic interviews
- Hire experts to review the methodology
- Challenge the qualifications of the interviewer
- Present alternative explanations for the child’s statements
For families in Austin, understanding CAC investigations is critical to your defense.
Delayed Reporting in Indecency Cases
Many allegations of indecency with a minor are made years after the alleged incident. Delayed reporting creates unique challenges for the defense.
Why Delayed Reporting Happens:
- The child may have been afraid to report
- The child may not have understood what happened
- The child may have been threatened
- The allegations may arise in the context of a custody dispute
Challenging Delayed Reporting:
Your attorney can:
- Question why the child waited so long to report
- Investigate what prompted the report (a custody dispute? a therapy session? a suggestion from a parent?)
- Present evidence of the relationship between the parties during the intervening years
- Challenge the credibility of the accuser
The Danger of Delayed Reporting:
Memories fade. Evidence is lost. And the motive for reporting becomes more complex. Delayed reporting is both a challenge and an opportunity for the defense.
For families in Austin, delayed reporting cases require a nuanced defense strategy.
Continuous Sexual Abuse and Indecency
If a person is accused of committing two or more acts of indecency against a child under 14 over a period of 30 days or more, they may be charged with continuous sexual abuse of a young child.
The Penalty:
- First-degree felony: 25 to 99 years or life in prison
- No parole eligibility until 35 years have been served
Defending Continuous Sexual Abuse:
- Challenge the individual acts: If the State cannot prove the underlying indecency acts, the continuous charge fails
- Challenge the timeframe: Did the acts occur within a 30-day period?
- Challenge the victim’s credibility: If the victim is not credible on one act, the entire case is weakened
For families in Austin, continuous sexual abuse charges require the most aggressive defense.
Frequently Asked Questions About Indecency With a Minor in Austin, Texas
When clients come to our office—whether from Austin’s central neighborhoods, the suburbs to the north and south, or the Hill Country communities—they often have questions about indecency with a minor charges. Here are the answers to the most common inquiries we receive.
What is the difference between indecency by contact and indecency by exposure?
Indecency by contact involves touching the anus, breast, or genitals. Indecency by exposure involves exposing the anus or genitals. Both are second-degree felonies.
What is the age of consent in Texas?
The age of consent in Texas is 17. Sexual contact with a person under 17 is illegal, regardless of consent, unless the parties are married.
Will I have to register as a sex offender?
Yes. Indecency with a minor convictions require lifetime sex offender registration.
Can I get probation for indecency with a minor?
Probation is generally not available for indecency with a minor. In limited circumstances, first-time offenders may be eligible for probation, but it is not guaranteed.
How are indecency cases investigated?
These cases are often investigated through Child Advocacy Centers, which conduct forensic interviews of child accusers. These interviews can be challenged.
What is the difference between indecency with a minor and sexual assault of a child?
Indecency with a minor involves touching or exposure. Sexual assault of a child involves penetration. Both are serious felonies.
Do I need an attorney for an indecency with a minor charge?
Yes. This is a serious felony charge with life-altering consequences. You need an experienced attorney who understands the unique challenges of child sexual abuse defense.
Why Barton & Associates for Indecency With a Minor Defense in Austin
Indecency with a minor defense requires attorneys who understand the unique dynamics of child sexual abuse cases, the forensic interviewing process, and the strategies for challenging accusers. The attorneys at Barton & Associates bring decades of experience to sex crime defense, helping clients protect their freedom, their reputations, and their futures.
We are deeply rooted in the Austin legal community. We have handled indecency cases in Travis County courts for decades and understand the local prosecutors, the Child Advocacy Center, and the strategies that work. This local knowledge allows us to advise clients accurately and advocate effectively.
We are also committed to a client-centered approach. We take the time to understand your case, your goals, and your concerns. We explain your options in clear, straightforward language, and we provide honest advice about the best path forward.
Take the First Step Toward Protecting Your Freedom
If you are facing an indecency with a minor charge, your freedom, your reputation, and your future are on the line. Do not wait. The sooner you have an experienced attorney on your side, the better your chances of a favorable outcome. At Barton & Associates, we are here to fight for you.
Contact our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced sex crime defense attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you protect your rights and your future.
Main Category: Criminal Defense Austin
Practice Area Category: Sex Crimes
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)
