Indecency with a Child by Exposure

Adults who intentionally and knowingly expose intimate parts, whether partially or completely, could face a charge of indecency with a child by exposure. In most cases, allegations of indecency with a child by exposure is simply a misunderstanding between adults or possible false information given by a child or children. It’s not uncommon for children to come up with a strange story for attention, and ultimately that tale has real-world consequences to the adults involved. Indecency with a child by exposure is a serious crime, no matter the circumstances.

If you or someone you know has been arrested for indecency with a child by exposure, it’s within your best interest to secure legal representation as soon as possible. These charges, while non-violent, can have serious repercussions on a person’s life and family. Not only could you face time in jail/prison, but you may have difficulties securing housing or employment upon release as well as obligations to pay expensive fines.

Indecency with a Child by Exposure Lawyer in Austin, TX

At The Law Office of Jackson F. Gorski, we understand the gravity of the situation and legal options/defenses you can pursue to mitigate the penalties or dismiss the charges. With years of experience handling mostly criminal defense, Attorney Jackson F. Gorski has the resources, network, and skills needed to take on your case. You can trust our team to act quickly and to never leave your case on the backburner as we are available at all time for questions/concerns.

Schedule your first consultation with The Law Office of Jackson F. Gorski by calling our firm at 512-960-4646 or simply submit an online contact form. The Law Office of Jackson F. Gorski has offices in Austin and Georgetown and practices in various counties throughout Texas including Travis County, Williamson County, Bell County, Lee County, Hays County, Caldwell County, Burnett County, Bastrop County, Lee County, and Milam County.


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What is Indecency with a Child by Exposure in Texas?

The statute for indecency with a child by exposure utilizes vague language, so it can be difficult to determine what exactly constitutes the crime of indecency. For example: what about families who have a relaxed attitude towards nudity at their home? Or mothers who breastfeed in public? What about the teachers and medical experts that watch children undress/shower?

The actual definition of indecency with a child by indecency is defined under the Texas Penal Code section 21.11. The statute claims a person commits an offense if they engage in any of the following with a person under the age of 17.

  • Does any of the following with the intent to arouse or gratify a sexual desire
    • Cause the child to expose their anus or part of their genitals
    • Exposes themselves, either genitals or anus, knowing the child is present

The term “sexual contact” under Texas law generally means the touching of a person’s anus, breast, or any part of their genitals with the intent to arouse or gratify a person’s sexual desire. This differs from “sexual intercourse” and “deviate sexual intercourse” as both definitions have specific requirements that must be met. Meanwhile the term sexual contact is much broader in definition and can include suggestive touching over clothing.


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Penalties for Indecency with a Child by Exposure

The State of Texas has implemented harsh penalties for those convicted of indecency with a child by exposure. The Texas Penal Code Section 21.02 lists the penalties for indecency with a child by exposure and by contact. Although both crimes are similar criminal offenses, each are different charges with distinct sentencing guidelines.

Indecency with a child by exposure is a third-degree felony, which is punishable by:

  • Up to 20 years of incarceration
  • A fine of up to $10,000

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Defenses for Indecency with a Child by Exposure

Any charge of indecency is incredibly serious, and those accused should retain legal representation immediately. With the help of a skilled sex crimes lawyer, the defendant can mount a defense against the prosecution and present evidence as to why they didn’t commit the crime or to mitigate penalties. The type of defense and the evidence utilized will depend on the nature of the crimes, criminal history of the defendant, and the facts of the case.

One of the most common defenses is to state the allegations were falsely made. In most cases, the false accusations were made by a child who was unaware of the impact their words may have. It’s also not uncommon for adults to create these false reports if they have a grudge against or wish to harm the defendant in some way.

The crime of indecency can often turn into a he said/she said situation as most of the evidence will be considered hearsay. However, sometimes that is enough for a jury to convict. That is why it’s so important you retain legal counsel if you’ve been accused of indecency.


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Additional Resources

Indecency with a Child | Texas Penal Code – Visit the official website for the Texas Penal Code to learn more about indecency with a child by exposure or by contact. Access the site to learn the elements, penalties, admissible defenses, and other important information.

Child Rescue Coalition – Visit the official website for the Child Rescue Coalition, which is a non-partisan and nonprofit that partners with child exploitation officers, forensic experts, prosecutors and child welfare agencies to reduce child pornography crimes nationwide.


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Indecency Defense Lawyer, Austin TX

If you or someone you know has been arrested for indecency with a child, call The Law Office of Jackson F. Gorski. With years of experience, skills, and an extensive network—our defense team at The Law Office of Jackson F. Gorski is more than prepared to take on your case. Attorney Jackson F. Gorski will collect evidence, mount a defense, file motions to prepare, and do whatever needed to fight for your rights.

Schedule your first consultation with The Law Office of Jackson F. Gorski by calling 512-960-4646 or submitting an online contact form. The Law Office of Jackson F. Gorski has offices in Austin and Georgetown, Texas.


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