Texas Indecency With a Child Defense Attorney

Being accused of indecency with a child is one of the most damaging things that can happen to someone in Texas. Even if the claim isn’t true, the accusation alone can turn your life upside down—your job, your family, and your reputation can all be at risk almost immediately.

Our experienced Texas indecency with a child lawyers have seen it happen to people with no prior record, no warning, and no chance to explain their side before judgment sets in. That’s why at Scheiner DWI & Criminal Defense Lawyers, our legal team takes these cases very seriously.

Have you been charged with untrue allegations of indecency with a child in Texas? Our skilled defense team is available 24/7 to assist. Call (713) 783-8998 now to speak with our experienced indecency with a child defense attorneys in Texas.

At Scheiner DWI & Criminal Defense Lawyers, we focus on defending Texans being falsely accused of indecency by contact or by exposure. These are serious cases with lasting consequences, and you need someone who knows the law and understands how to challenge what’s being said about you.

If this has happened to you or someone you care about, we’re here to help you take control of the situation and fight back the right way. Contact us today to get started.

What Is Considered Indecency With a Child?

This charge accuses someone of engaging in behavior toward a minor that crosses a sexual boundary. It doesn’t always involve physical harm, and in many cases, there’s no actual contact. The key question is whether the person’s behavior is being interpreted as sexually motivated.

Intent often becomes the central issue. Prosecutors typically argue that the accused acted with a desire to gratify a sexual urge. These cases are highly subjective. They frequently rely on personal accounts rather than physical evidence, which makes it easier for false allegations to gain traction and harder for the accused to defend themselves.

When that happens, understanding exactly what you’re being accused of—and why—is the first step in protecting your future.

Differences Between Indecency With a Child by Exposure vs by Contact

Indecency with a child in Texas falls into two broad categories: contact and exposure. The type of allegation directly impacts how the case is prosecuted and defended.

Indecency by Contact

This charge involves physical touching. That could mean the accused is alleged to have touched a child’s intimate areas or caused the child to touch them in a sexual way. The law doesn’t require penetration or nudity—only that the act was done for sexual arousal. These cases may include witness testimony or physical evidence, but often come down to interpretation.

Indecency by Exposure

When someone is accused of exposing themselves to a child or causing a child to expose themselves, it’s treated as indecency by exposure. These cases don’t involve physical touch but still focus on whether the accused acted for a sexual purpose. Prosecutors often rely on what was seen or said during the incident, surveillance video, or assumptions about the accused’s behavior.

Key Differences

The main difference is whether there was physical contact. But in both types, prosecutors must prove the act was sexually motivated. That issue of intent becomes central in almost every defense, especially when the facts are unclear or based on one person’s account.

Texas Law on Indecency With a Child

In Texas, these charges fall under Penal Code § 21.11. The law outlines when behavior involving a minor becomes a criminal offense, based on how the act was carried out and why.

What the Law Covers

The statute separates the offense into two categories—by contact or by exposure. Both require that the alleged victim be under 17 and not legally married to the person accused. For contact, the law focuses on acts of sexual touching. Exposure refers to showing intimate parts or causing a child to do so, if there’s evidence the act was for sexual gratification.

Legal Requirements

To convict someone, prosecutors must prove two things: the age of the alleged victim and that the accused acted with sexual intent. If the act wasn’t motivated by sexual arousal, it may not meet the definition of the crime.

The Law’s Broad Language

The wording on this law is open to interpretation. There’s no requirement for physical injury, and even brief or nonviolent actions can lead to arrest. That’s why understanding how the law defines these terms—and how prosecutors use them—is critical when our Texas indecency with a child defense lawyers are building a defense.

What Are the Consequences of Being Convicted?

Being convicted of indecency with a child comes with severe legal and personal consequences in Texas. These are not just legal penalties—they impact every part of your life.

Felony Charges and Prison Time

The degree of the felony depends on the type of accusation:

Indecency by contact is a second-degree felony:

2 to 20 years in prison
Up to $10,000 in fines

Indecency by exposure is a third-degree felony:

2 to 10 years in prison
Up to $10,000 in fines

Aggravating factors—such as prior offenses or accusations involving very young children—can lead to enhanced penalties. Some cases may qualify for probation, but that’s never guaranteed.

Mandatory Sex Offender Registration

Anyone convicted under § 21.11 must register as a sex offender, often for life. This registration makes your name, address, and offense publicly available. The restrictions are intense—you may be barred from living near schools, parks, or certain neighborhoods, and you’ll need to report changes in residence or employment. Failing to comply can result in new criminal charges.

Life After Conviction

A conviction can follow you for life:

You may lose custody or visitation rights.
Employers often avoid hiring people with sex crime convictions.
Housing options become limited, especially near schools.
Friends, family, and neighbors may distance themselves.
If you’re not a U.S. citizen, you could face immigration consequences.

These effects extend far beyond a courtroom, which is why working with our award-winning Texas indecency with a child defense attorneys at Scheiner DWI & Criminal Defense Lawyers and defending yourself from the start is so critical.

Defenses to Charges of Indecency With a Child

Being charged does not mean you’re guilty. There are valid defenses that can lead to dismissal or acquittal. the job of our experienced Texas sex crime defense lawyers is to find the right approach based on the specifics of your case.

No Sexual Intent

This charge hinges on whether you acted for sexual gratification. If the act was misinterpreted or wasn’t sexually motivated, that alone can be a complete defense. Context matters—especially if the incident has been exaggerated or misunderstood.

Legal Defenses Based on Age or Relationship

Texas law provides limited protections in cases involving:

Voluntary behavior between individuals no more than three years apart in age
Opposite-sex participants
No threats, force, or coercion
A legally recognized marriage at the time of the incident
No prior sex offense convictions or sex offender registration

These rules are narrow, but in the right circumstances, they can stop the case entirely.

Witness Credibility and Reliability

Many of these cases rely on one person’s version of events. If that account changes or appears unreliable, your attorney can challenge it. Misidentification, false memory, or influence from outside parties are all potential issues. A strong defense often focuses on exposing gaps in the prosecution’s version of what happened.

Motives Behind False Accusations

False accusations of indecency with a child are more common than many people realize. These cases often involve personal conflict, emotional pressure, or misunderstandings—and the consequences can be life-altering even when the claim isn’t true. Understanding where these accusations come from can help explain why a thorough defense matters so much.

Custody Disputes and Family Conflict

In high-stakes custody battles, one parent may make an accusation to gain the upper hand or restrict the other parent’s access to their child. These are emotionally charged situations where false claims are sometimes used as a weapon, even without clear proof.

Misunderstandings or Miscommunication

Children—especially young ones—can misinterpret adult behavior or repeat things they’ve heard without context. A vague statement or an innocent moment taken the wrong way can lead to serious accusations, particularly when adults ask leading or suggestive questions.

Coached or Influenced Statements

In some cases, a child is coached, either deliberately or unintentionally, into saying something they don’t fully understand. Adults with personal agendas may pressure a child into making claims to support a narrative driven by revenge, anger, or control.

Mental Health and Emotional Strain

Mental health issues can also play a role. A child, accuser, or witness dealing with emotional instability may interpret a situation through a distorted lens. These cases require extra care in reviewing testimony and examining the reliability of statements.

A Lack of Clear Evidence

False accusations often begin with emotion, not facts. There may be no physical evidence, inconsistent statements, and no prior concerns—yet the accusation is taken seriously. That’s why every case must be carefully investigated to uncover the truth and make sure no one is punished for something they didn’t do.

How a Texas Indecency With a Child Defense Lawyer Can Assist

Having the right lawyer from the start can change the outcome of your case. These accusations move quickly and have lasting effects. Your attorney should be ready to act fast and with purpose.

Immediate Steps to Protect You

Experienced Texas indecency with a child defense lawyer Grant Scheiner will:

Review police reports and interview summaries
Analyze surveillance or digital records
Look for contradictions or missing details in the complaint
Work with expert witnesses, if needed

Acting early can reveal weaknesses in the prosecution’s case and prevent unfair assumptions from taking hold.

Strategic Defense Planning

Scheiner DWI & Criminal Defense Lawyers may also:

File motions to suppress evidence gathered unlawfully
Dispute the prosecutor’s timeline or evidence chain
Undermine witness credibility through prior inconsistent statements
Argue that the required intent was never present

Each case demands its own strategy. The goal is to push back where the case is weakest—and to force the prosecution to prove every element beyond a reasonable doubt.

Representation You Can Trust

You also need honest legal advice, especially when you’re facing pressure to talk or take a plea deal. A knowledgeable lawyer will guide you through each step and protect you from saying or doing anything that could be used against you later.

Why Choose Grant Scheiner

For more than 30 years, Grant Scheiner has defended Texans accused of serious criminal charges—including false allegations of sex crimes. He understands how prosecutors build these cases and how to tear them down.

At Scheiner DWI & Criminal Defense Lawyers, we don’t take shortcuts. We prepare every case as if it’s going to trial. If you’re facing an accusation of indecency with a child, our firm is ready to step in, take over, and protect your rights at every stage.

What to Avoid Doing After an Accusation

If you’ve been accused of indecency with a child, your first reaction might be to defend yourself, explain the situation, or contact the accuser. But acting without legal guidance can do more harm than good, because even small missteps can be used against you.

Here are some of the most common mistakes to avoid:

Don’t Talk to the Accuser: Trying to reach out or explain your side can backfire. Any contact, even through mutual friends or messages, can be seen as intimidation or manipulation.
Don’t Speak to Law Enforcement Without a Lawyer: Even if you believe you’re innocent, giving a statement without legal advice is risky. Officers are trained to ask leading questions, and your words can be misinterpreted.
Don’t Discuss the Case Online or on Social Media: Anything you post—even vague comments—can be taken out of context. Avoid social media activity entirely while your case is active.
Don’t Destroy or Hide Evidence: Deleting texts, wiping devices, or throwing things away may be seen as obstruction. It also removes information that could help your defense.
Don’t Assume It Will Blow Over: Even if the accusation seems weak, waiting it out is not a strategy. Investigations can lead to arrests with little notice. Get legal help early.

Every decision you make matters. The best thing you can do is stay quiet, stay calm, and get an experienced defense attorney involved as soon as possible.

Consult With Our Texas Child Sexual Abuse Lawyers Today

If you’ve been accused of indecency with a child, the time to act is now. These cases move quickly and carry long-term consequences that go far beyond the courtroom.

At Scheiner DWI & Criminal Defense Lawyers, we take a direct, strategic approach from the start—digging into the facts, pushing back against weak or biased evidence, and building a strong defense to protect your future.

Led by Grant Scheiner, a Board Certified Criminal Law Specialist by the Texas Board of Legal Specialization, our firm brings a deep understanding of criminal trial work, investigative strategy, and scientific evidence.

Mr. Scheiner has been recognized as a Texas Super Lawyer for over a decade and is known for his skill in handling complex, high-stakes criminal cases across the state. With an A+ rating from the Better Business Bureau and a reputation for hard-hitting defense work, we’re ready to stand with you. Contact us today to speak with our legal team.

Locations where our skilled legal team has defended clients include Houston, Pearland, Sugarland, Katy, League City, San Antonio, Llano, and more.