Texas Defenses for Indecency with a Child

 Posted on April 08, 2025 in Criminal Defense

A Texas megachurch founder was recently indicted in Oklahoma on five counts of lewd or indecent acts with a child. The indictment stems from incidents dating back to the 1980s. The pastor resigned last summer as the senior pastor of Gateway Church, one of the largest "megachurches" in the United States.

The alleged victim, who was 12 at the time, says the misconduct continued for four years. The statute of limitations is not applicable in this case because the pastor was not a resident or inhabitant of Oklahoma at any time. While nobody condones sexual acts with a child, this is a situation with considerable nuances because of the time that has passed, as well as the age of the child at the time.

It is estimated that between 2-10 percent of all allegations of sexual abuse by children are false, usually because the child has been coached by an adult. If you are facing any type of sex crime charges, it is important that you speak to an experienced Plano, TX criminal defense attorney as quickly as possible. Making sure your rights are fully protected and a comprehensive defense is built on your behalf will be the immediate goal of your attorney.

What Is Indecency with a Child?

In the state of Texas, lewd or indecent acts with a child are called indecency with a child. Any sexual offense against a child is harshly punished in the state of Texas. This can lead to prosecutors and judges who may be overzealous in prosecuting these crimes, even handing down inappropriate punishments. Under Texas Penal Code Section 21.1, there are two types of indecency with a child: indecency by sexual contact and indecency by exposure.  

When an adult engages in sexual contact with a child under the age of 17 who is not the individual’s spouse, this is known as indecency with a child by contact. Sexual contact is defined as touching, including through clothing, of the genitals of a child when the intent of the adult is to arouse or gratify the sexual desires of the adult.

This type of sexual conduct is more commonly known as "fondling." Indecency with a child by exposure occurs when an adult exposes his or her genitals in the presence of a child or causes the child to expose his or her genitals with the intention of sexual arousal for the adult. This offense is more commonly known as "flashing."

What Are the Penalties for Indecency with a Child?

Indecency with a child by sexual contact is a second-degree felony offense that may require a sex offender registry, following between two and 20 years in prison and a maximum fine of $10,000. Indecency with a child by exposure is a third-degree felony, punishable by two to 10 years in prison and a maximum fine of $10,000.

While the law requires ten years of sex offender registry for this offense, a defendant may be able to seek an exemption or reduction for that time if the victim was at least 15, the defendant was no more than four years older, and the sexual contact was consensual.  

Potential Defenses to Indecency with a Child

Affirmative defenses based on age could apply to the case that could save you from a charge of indecency with a child if:

• The defendant was the opposite sex of the child.
• The defendant was no more than three years older than the alleged victim.
• The defendant was not a registered sex offender at the time.
• No threats, force, or duress were used against the child.

If the affirmative defenses do not apply, a strong criminal defense attorney can file a motion to exclude evidence, demonstrate inconsistencies in the prosecutor’s case, show that the alleged victim was untruthful, and provide reasonable doubt to the jury.

Contact a Collin County, TX Sex Crimes Attorney

If you have been charged with any sex crime, you need a highly skilled Plano, TX sex crimes attorney from The Crowder Law Firm, P.C.. Attorney Crowder has extensive experience defending the most serious crimes and will aggressively defend your charges. With more than 300 not-guilty verdicts and acquittals for our clients, Attorney Crowder will work hard to protect your future. Call 214-544-0061 to schedule a free consultation.