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Indecency With a Child: Contact vs. Exposure in Texas
Compare Texas indecency by contact and exposure, including distinct elements and felony degrees under Penal Code 21.11.
In short: Texas indecency by sexual contact under section 21.11(a)(1) is a second-degree felony; the specified exposure offense under (a)(2) is third degree. Both require proof of their own elements. An exposure allegation is not simply a lesser version of every contact allegation.
Explore this page 9 sections
Can contact through clothing be relevant?
Yes. The statutory definition includes specified touching through clothing when accompanied by the required intent. Lack of skin-to-skin contact does not automatically exclude the contact offense.
Does exposure require the same conduct as contact?
No. The exposure subsection specifies different conduct and knowledge requirements. Counsel should identify which act is alleged and avoid importing an element from the wrong subsection.
What documents clarify the distinction?
Review the indictment, witness accounts and any recorded interviews. Separate the description of the act from conclusions assigned to it. The felony level should be checked against the actual subsection and enhancements rather than a shorthand booking label.
A practical example and questions for counsel
Hypothetical example: Suppose an arrest summary uses only the word “indecency.” That shorthand does not identify whether the State alleges contact or exposure. Counsel should obtain the count’s actual language and match it to subsection (a)(1) or (a)(2). Then evaluate the required intent and conduct rather than assume that the same evidence proves both routes. This matters when discussing the felony grade, possible defenses and the relevance of a witness’s description. The record should preserve the witness’s words separately from an investigator’s legal characterization.
How this fits Texas law
Section 21.11 concerns a child younger than 17 and distinguishes sexual contact from specified exposure conduct. The statute defines sexual contact and requires the specified sexual intent. Contact and exposure have different felony classifications. An allegation should be analyzed under the correct subsection, including the offense-date facts and any applicable statutory defense.
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Last updated October 2026
Common questions
Can contact through clothing be relevant?
Yes.
Does exposure require the same conduct as contact?
No.
What documents clarify the distinction?
Review the indictment, witness accounts and any recorded interviews.
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This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.