What Does Indecency with a Child by Contact Mean?

Indecency with a child by contact is a second-degree felony under Texas Penal Code Section 21.11(a)(1). It criminalizes touching a child’s anus, breast, or genitals, or causing a child to touch the actor’s anus, breast, or genitals, when the touching is done with intent to arouse or gratify sexual desire. The child must be younger than 17. A conviction carries 2 to 20 years in prison, a fine of up to $10,000, and mandatory lifetime sex offender registration in Texas.¹

What the State Has to Prove

Two elements have to be established for a conviction. First, that the accused engaged in or caused sexual contact with a child younger than 17. Second, that the contact was done with intent to arouse or gratify sexual desire. The desire can belong to the accused, the child, or any other person. Intent is what separates criminal conduct from incidental or accidental touching, and prosecutors typically build it through circumstantial evidence: the nature of the touching, the setting, and surrounding behavior or statements.

One element surprises many people. The statute says the offense applies “regardless of whether the person knows the age of the child at the time of the offense.”¹ Believing the child was 17 or older is not a defense. The state only has to prove the child was in fact younger than 17.

What Counts as Sexual Contact

Section 21.11(c) defines “sexual contact” broadly. It covers two scenarios. The actor touches the child’s anus, breast, or any part of the child’s genitals, including through clothing. Or the actor causes any part of the child’s body to touch the actor’s anus, breast, or genitals, also including through clothing.¹

The “through clothing” language matters. Direct skin-to-skin contact is not required. Touching a child’s genitals over jeans satisfies the statutory definition. The second category reaches further than many assume: a defendant who rubs a child’s hand or arm against the defendant’s genitals has committed sexual contact, even though the child’s own private areas were never touched.

Who the Law Covers

The child must be younger than 17 at the time of the alleged offense. Once the individual has turned 17, this specific charge does not apply, though other sexual offense statutes may.¹

There is no minimum age for the accused. The statute does not require the actor to be 18 or older, so a 16-year-old can technically face this charge. The affirmative defenses described below provide a limited safety valve for close-in-age situations. The offense applies regardless of whether the accused and the child are the same sex or opposite sex.

Prison Time and Fines

Because the offense is a second-degree felony, Texas Penal Code Section 12.33 sets the punishment range: 2 to 20 years in the Texas Department of Criminal Justice and a fine of up to $10,000.² The actual sentence depends on the facts of the case, the defendant’s criminal history, and the evidence presented during the punishment phase. A jury trial on punishment can produce any sentence within that range.

Deferred adjudication community supervision may be available at the judge’s discretion, but a deferred adjudication still counts as a reportable conviction that triggers sex offender registration.³ There is no version of this charge that ends quietly. Even the most favorable outcome carries registration.

Lifetime Sex Offender Registration

A conviction for indecency with a child by contact is a “reportable conviction or adjudication” under Chapter 62 of the Texas Code of Criminal Procedure, which means mandatory sex offender registration.³ Registration is triggered by any conviction under Section 21.11, including deferred adjudications and juvenile adjudications of delinquent conduct.

An adult convicted of indecency with a child by contact faces lifetime registration under Texas law, regardless of whether the victim was 13 or 16. The federal Sex Offender Registration and Notification Act classifies the offense as Tier II (25-year registration) when the victim is between 13 and 16, and Tier III (lifetime) when the victim is younger than 13.⁴ Because Texas imposes the longer lifetime requirement across the board, anyone convicted in Texas registers for life.

Registration means regularly reporting to law enforcement with current address, employment, and vehicle information. It also means appearing on publicly searchable sex offender databases, which affects housing, employment, and relationships for the rest of the registrant’s life. For many people this consequence reshapes daily existence more than the prison sentence does.

No Statute of Limitations

Texas imposes no time limit on prosecuting indecency with a child. Article 12.01 of the Texas Code of Criminal Procedure specifically lists Section 21.11 among the offenses with no statute of limitations.⁵ The state can bring charges five, ten, or thirty years after the alleged conduct. Cases are sometimes prosecuted when the victim comes forward as an adult, long after the events took place.

On the civil side, Texas law allows a victim to file a personal injury lawsuit related to childhood sexual abuse within 30 years of the date the cause of action accrues. A victim who was abused at age 10 could bring a civil suit well into their 30s or 40s.

Federal Travel Restrictions

A conviction that requires sex offender registration triggers federal consequences beyond state borders. Under International Megan’s Law, anyone registered as a sex offender who was convicted of a sex offense against a minor must carry a passport containing a specific endorsement stating that the bearer was convicted of a sex offense against a minor and is a covered sex offender.

The federal Angel Watch Center, operated through the U.S. Marshals Service, monitors international travel by registered sex offenders. Federal law requires the Center to cross-reference passenger travel data against the National Sex Offender Registry no later than 48 hours before a scheduled departure.⁶ When the Center identifies a covered sex offender planning to travel abroad, it may notify the destination country. Some countries deny entry based on these notifications. The law does not prohibit international travel outright, but foreign governments know who is arriving.

Affirmative Defenses

Texas provides two narrow affirmative defenses. Neither prevents an arrest or an indictment. Both are arguments raised at trial, and the defendant carries the burden of proving them.

The close-in-age defense under Subsection (b) requires the defendant to prove all three of the following: the defendant was not more than three years older than the child and of the opposite sex; the defendant did not use force, duress, or threats; and at the time of the offense, the defendant either was not required to register for life as a sex offender or did not already have a reportable conviction under Section 21.11. All three conditions must be met. A same-sex encounter between close-in-age teens does not qualify, and neither does any encounter involving force.¹

A separate defense under Subsection (b-1) applies if the accused was married to the child at the time of the offense. Texas permits marriage under 18 in limited circumstances, and this provision prevents the charge from reaching lawful spouses.¹

How This Charge Differs from Related Texas Offenses

Indecency with a child by contact is often confused with other sexual offenses involving minors. The distinctions matter because the penalties and consequences vary.

Indecency by exposure under Section 21.11(a)(2) is the other half of the same statute. It covers exposing genitals or anus to a child, or causing a child to expose themselves, with sexual intent. It is a third-degree felony rather than a second-degree felony.¹
Sexual assault of a child under Section 22.011 applies when the conduct involves penetration rather than contact. It is a second-degree felony, the same grade as indecency by contact.
Aggravated sexual assault under Section 22.021 is a first-degree felony that applies when the victim is younger than 14, when a weapon is used, or when the actor threatens serious bodily injury. It carries 5 to 99 years or life.
Continuous sexual abuse of a child under Section 21.02 applies when two or more acts of sexual abuse occur over a period of 30 days or more. It is a first-degree felony with a 25-year minimum sentence.

The line between indecency by contact and sexual assault is often the difference between touching and penetration. Prosecutors sometimes file indecency charges alongside or as lesser-included offenses when the evidence could support either. Which offense the state ultimately pursues depends on the specific facts and the strength of the evidence for each element.

1
State of Texas. Texas Penal Code Section 21.11 (2025) – Indecency With a Child
2
State of Texas. Texas Penal Code Section 12.33 (2025) – Second Degree Felony Punishment
3
State of Texas. Texas Code of Criminal Procedure Article 62.001 (2025)
4
Texas Department of Public Safety. SORNA Classification Chart
5
State of Texas. Texas Code of Criminal Procedure Article 12.01 (2025) – Felonies
6
Office of the Law Revision Counsel. 34 USC 21503 – Angel Watch Center