Texas Charges & Penalties Under Section 21.11
Texas Penal Code Section 21.11 generally applies when someone engages in sexual contact with a child younger than 17 who isn’t the person’s spouse, causes the child to engage in sexual contact, or exposes specified body parts while knowing the child is present and intending to arouse or gratify sexual desire. The alleged conduct determines whether prosecutors pursue a contact or exposure charge.
Texas law separates the offense into two classifications:
- Indecency with a child by contact: This is a second-degree felony punishable by two to 20 years in prison and a possible fine of up to $10,000.
- Indecency with a child by exposure: This is a third-degree felony punishable by two to 10 years in prison and a possible fine of up to $10,000.
The prosecution must prove every element beyond a reasonable doubt, including the required intent when intent is an element of the offense. Texas law also recognizes limited affirmative defenses that the accused must raise and support. Whether a defense applies may depend on the child’s age, the age difference between the parties, the absence of duress, force, or threats, and the accused person’s registration history.
How We Examine Evidence in an Indecency with a Child Case
We conduct an independent investigation on every file, examine how evidence was collected and handled, and compare the available material with each element prosecutors must prove. When additional resources are needed, we can work with outside investigators and forensic professionals.
Our review may address:
- Statements and interviews: We examine recordings, reports, interview methods, changes in an account, and whether questioning may have influenced a statement.
- Witness credibility: We compare timelines and accounts for inconsistencies, missing context, potential bias, and conflicts with other evidence.
- Digital evidence: We review messages, photographs, social media material, device data, and questions about authenticity or ownership.
- Medical and forensic material: We evaluate what the evidence does and doesn’t establish, along with how it was collected, preserved, and interpreted.
- Searches and questioning: We assess whether law enforcement respected constitutional limits when obtaining evidence or questioning the accused.
Our work may include reviewing discovery, filing pretrial motions, evaluating negotiation options, preparing witnesses, and building the case for trial when appropriate. We don’t treat an accusation as proof. We focus on the governing law, the available evidence, and the factual disputes that require further investigation.
More Than 40 Years of Practice Across Multiple Courtroom RolesJuan Carlos Hernández and Christine Dauphin Hernández bring more than 40 years of combined legal practice to our criminal defense work. Juan Carlos previously served as a Metropolitan Police Department officer in Washington, D.C., and as a judge. Christine’s background includes service as a city prosecutor and judge.These roles inform how we examine police investigations, anticipate prosecutorial arguments, and prepare for legal and procedural disputes before the court. We provide guidance in English and Spanish so clients can discuss sensitive facts, defense decisions, and court proceedings in the language they prefer.
How Indecency with a Child Cases Proceed in Bexar County
The Bexar County District Attorney’s Child Abuse Unit identifies contact and exposure offenses among the charges it investigates and prosecutes. According to the unit, a prosecutor, investigator, and advocate are assigned to each district court. We respond with an independent review of the accusation, the investigative methods, and the evidence prosecutors intend to use.
What a Filed Case May Involve
A filed case may proceed through bond proceedings, arraignment, discovery, pretrial motions, hearings, negotiations, and trial preparation. We represent clients in Bexar County criminal courts and explain the requirements of each stage, the decisions that must be made, and how the defense strategy addresses the prosecution’s evidence.
Possible Sex Offender Registration Consequences
A conviction or adjudication may create sex offender registration obligations. The applicable registration period depends on factors such as the specific offense, disposition, prior record, and Texas registration statutes. Determining the potential consequences requires reviewing the actual charge and case history.
Discuss the Investigation Before You Respond
Our attorneys draw on law enforcement, prosecution, and judicial experience to investigate the allegation, evaluate the evidence, and prepare for each stage of the criminal process. We maintain direct communication and provide guidance in English or Spanish throughout the case.
A free initial consultation allows you to explain what happened, whether investigators have contacted you, and what documents or evidence you’ve received. We can discuss immediate concerns, possible defense strategies, and material that may need to be preserved.
Call (210) 970-7019 to speak with our San Antonio criminal defense attorneys about an investigation or charge.