INDECENCY WITH A CHILD

Statutory Rape, Indecency with a Child or Minor Arrests

What is it? Indecency with a Child, also known as Statutory Rape with a Minor, is where an individual engages in, often consentual, sexual conduct with a person considered a minor or child under the age of 17.

What makes it illegal?  The Texas Criminal Penal CodeSec. 21.11. INDECENCY WITH A CHILD indicates a person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex, the person engages in sexual contact with the child or causes the child to engage in sexual contact.

What are the Punishments? 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.

Common Criminal Cases Involving Indecency with a Child Arrests: The most common Indecency with a Child, also known as Statutory Rape arrests involves high school students having consentual sexual relations, or a college student having sex with a younger person that is roughly four or five years junior.

TEXAS PENAL CODE, TITLE 7.  Sec. 21.11. INDECENCY WITH A CHILD.
Sec. 21.11. INDECENCY WITH A CHILD. (a) A person commits an offense if, with a child younger than 17 years of age, 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. (b-1) It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense. (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.
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