Sec. 21.11. INDECENCY WITH A CHILD. (a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person:
(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire of any person:
(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or
(B) causes the child to expose the child's anus or any part of the child's genitals.
(b) It is an affirmative defense to prosecution under this section that the actor:
(1) was not more than three years older than the victim and of the opposite sex;
(2) did not use duress, force, or a threat against the victim at the time of the offense; and
(3) at the time of the offense:
(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section.
(b-1) It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense.
(c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:
(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or
(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.
(d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1981, 67th Leg., p. 472, ch. 202, Sec. 3, eff. Sept. 1, 1981; Acts 1987, 70th Leg., ch. 1028, Sec. 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 1415, Sec. 23, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 739, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 260 (H.B. 549), Sec. 1, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 32, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 3, eff. September 1, 2017.
Notes of Decisions
Cited in
2,380
cases (
434 in the last 5 years), 1982–2026 · leading case:
Patterson v. State
Patterson v. State (2004)
texcrimapp · cites it 8×
“Count II, paragraph one, indecency with a child by touching the victim's anus (Tex. Pen.Code § 21.11(a)(1)); paragraph two alleged indecency with a child by causing the victim to touch appellant's genitals (Tex.”
Connell v. State (2007)
texapp · cites it 8×
“Applicable Law Indecency with a child by exposure consists of the following elements: (1) that the child was within the protected age group and not married to the accused, (2) that a child was present, (3) that the accused had the intent to arouse or gratify someone’s sexual…”
Pizzo v. State (2007)
texcrimapp · cites it 6×
“[22] TEX. PENAL CODE ANN. § 21.11. [23] TEX. PENAL CODE ANN.”
Harris, Owen Thomas (2011)
texcrimapp · cites it 7×
“Texas Penal Code Section 21.11 provides, in pertinent part, A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex, the person .”
United States v. Zavala-Sustaita (2000)
ca5 · cites it 11×
“I In 1990, Zavala pled guilty to two counts of indecency with a child in violation of Texas Penal Code § 21.11(a)(2). The counts were based on a single episode when he exposed himself in public and *603 masturbated in front of a thirteen-year-old girl and a ten-year-old boy.”
Ex Parte Amador (2010)
texcrimapp · cites it 8×
“See TEX. PEN.CODE § 21.11. The law in effect presumes that all children are or should be "offended or alarmed" by such exposure.”
United States v. Adam Shepherd (2018)
ca5 · cites it 6×
“§ 13-1403 is substantially similar to Texas Penal Code § 21.11.” Shepherd v. United States, Civil Action No.”
Scott v. State (2006)
texapp · cites it 5×
“See Tex. Pen.Code Ann. § 21.11(a)(1) (Vernon 2003).”
Walter Fisk v. State (2016)
texapp · cites it 7×
“See Tex. Penal Code Ann. § 21.11 (a)(1) (West 2011).”
Johnson v. State (1998)
texcrimapp · cites it 10×
“The question presented today is what, if any, culpable mental state is required under TEX. PEN.CODE § 21.11. The issue of whether or not a culpable mental state is required for the offense of "statutory rape" has been much debated throughout the country for several decades now.”
Ryder v. State (2017)
texapp · cites it 4×
“Tex. Penal Code Ann. § 21.11 (a)(2)(A). The intent to *397 arouse or gratify the defendant’s sexual desire may be inferred from a defendant’s conduct and all surrounding circumstances.”
— Tex. Penal Code § 21.11(A) — 1 case
— Tex. Penal Code § 21.11(A)(1) — 1 case
— Tex. Penal Code § 21.11(A)(2) — 1 case
— Tex. Penal Code § 21.11(a) — 149 cases
Harris, Owen Thomas (2011)
texcrimapp
“Texas Penal Code Section 21.11 provides, in pertinent part, A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex, the person .”
— Tex. Penal Code § 21.11(a)(1) — 586 cases
Patterson v. State (2004)
texcrimapp
“Count II, paragraph one, indecency with a child by touching the victim's anus (Tex. Pen.Code § 21.11(a)(1)); paragraph two alleged indecency with a child by causing the victim to touch appellant's genitals (Tex.”
Connell v. State (2007)
texapp
“Applicable Law Indecency with a child by exposure consists of the following elements: (1) that the child was within the protected age group and not married to the accused, (2) that a child was present, (3) that the accused had the intent to arouse or gratify someone’s sexual…”
Pizzo v. State (2007)
texcrimapp
“[22] TEX. PENAL CODE ANN. § 21.11. [23] TEX. PENAL CODE ANN.”
— Tex. Penal Code § 21.11(a)(1)(c) — 1 case
— Tex. Penal Code § 21.11(a)(2) — 67 cases
United States v. Zavala-Sustaita (2000)
ca5
“I In 1990, Zavala pled guilty to two counts of indecency with a child in violation of Texas Penal Code § 21.11(a)(2). The counts were based on a single episode when he exposed himself in public and *603 masturbated in front of a thirteen-year-old girl and a ten-year-old boy.”
— Tex. Penal Code § 21.11(a)(2)(A) — 61 cases
Harris, Owen Thomas (2011)
texcrimapp
“Texas Penal Code Section 21.11 provides, in pertinent part, A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex, the person .”
Patterson v. State (2004)
texcrimapp
“Count II, paragraph one, indecency with a child by touching the victim's anus (Tex. Pen.Code § 21.11(a)(1)); paragraph two alleged indecency with a child by causing the victim to touch appellant's genitals (Tex.”
Connell v. State (2007)
texapp
“Applicable Law Indecency with a child by exposure consists of the following elements: (1) that the child was within the protected age group and not married to the accused, (2) that a child was present, (3) that the accused had the intent to arouse or gratify someone’s sexual…”
Ex Parte Amador (2010)
texcrimapp
“See TEX. PEN.CODE § 21.11. The law in effect presumes that all children are or should be "offended or alarmed" by such exposure.”
— Tex. Penal Code § 21.11(a)(2)(B) — 13 cases
— Tex. Penal Code § 21.11(a)(l) — 5 cases
— Tex. Penal Code § 21.11(b) — 9 cases
— Tex. Penal Code § 21.11(b)(1)(1999) — 1 case
— Tex. Penal Code § 21.11(b)(4) — 1 case
— Tex. Penal Code § 21.11(b)(l)(1999) — 1 case
— Tex. Penal Code § 21.11(c) — 65 cases
Patterson v. State (2004)
texcrimapp
“Count II, paragraph one, indecency with a child by touching the victim's anus (Tex. Pen.Code § 21.11(a)(1)); paragraph two alleged indecency with a child by causing the victim to touch appellant's genitals (Tex.”
Scott v. State (2006)
texapp
“See Tex. Pen.Code Ann. § 21.11(a)(1) (Vernon 2003).”
— Tex. Penal Code § 21.11(c)(1) — 57 cases
— Tex. Penal Code § 21.11(c)(2) — 7 cases
— Tex. Penal Code § 21.11(d) — 39 cases
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