Texas Penal Code 21.11: Penalties, Defenses, and Registration

Texas Penal Code Section 21.11 defines the crime of indecency with a child. It covers two distinct acts: sexual contact with a child younger than 17, and exposing one’s genitals or anus (or causing a child to do so) in the presence of a child under 17 for sexual gratification. Sexual contact is a second-degree felony punishable by 2 to 20 years in prison. Exposure is a third-degree felony punishable by 2 to 10 years. Either conviction triggers mandatory sex offender registration, and Texas sets no deadline for bringing charges.

What the Statute Prohibits

Section 21.11 splits into two offense types under subsection (a).

Subsection (a)(1) covers sexual contact. A person violates it by engaging in sexual contact with a child under 17 or by causing the child to engage in sexual contact. The statute defines “sexual contact” as touching the child’s anus, breast, or genitals, or touching any part of the child’s body with the actor’s own anus, breast, or genitals. Touching through clothing counts the same as skin-to-skin contact.¹

The second prong is wider than it may first appear. Using an intimate body part to touch any part of a child’s body qualifies, even where the part of the child being touched is not itself intimate.

Subsection (a)(2) covers exposure. A person violates it by exposing their anus or genitals while knowing a child under 17 is present, or by causing the child to expose theirs, when done to arouse or gratify someone’s sexual desire.¹

The Intent Element

Both offenses require intent to arouse or gratify someone’s sexual desire. For sexual contact, the intent requirement sits inside the definition of “sexual contact” itself. For exposure, it is written directly into the offense.¹

Confessions are rare, so prosecutors build the intent case from circumstances: the nature of the touching, where it took place, how the accused positioned themselves, and whether any legitimate reason existed for the contact.

Age of the Child and Mistake of Age

The child must be younger than 17 at the time of the offense. The statute applies whether the actor and child are the same sex or opposite sex.¹

Section 21.11 applies “regardless of whether the person knows the age of the child at the time of the offense.” Believing the child was 17 or older is not a defense. The prosecution does not need to prove the accused knew or should have known the actual age.

Penalties

Punishment turns on which subsection the conduct falls under.

Sexual Contact

An offense under subsection (a)(1) is a second-degree felony. The sentence is 2 to 20 years in the Texas Department of Criminal Justice, with a possible fine of up to $10,000.¹²

Exposure

An offense under subsection (a)(2) is a third-degree felony. The sentence is 2 to 10 years in prison, with a possible fine of up to $10,000.¹³

Both ranges are wide. Where a sentence lands depends on the facts of the case, the age of the child, and any prior criminal history.

No Statute of Limitations

Texas sets no time limit for prosecuting indecency with a child. Article 12.01 of the Texas Code of Criminal Procedure lists Section 21.11 offenses among those that can be charged at any time.⁴ Charges can arise decades after the alleged conduct, and delayed reports are common in cases involving childhood victims.

Affirmative Defenses

Section 21.11 contains a narrow close-in-age defense, often called a Romeo and Juliet defense. All four conditions must be met:

The actor was no more than three years older than the child.
The actor and child were of the opposite sex.
The actor did not use duress, force, or threats.
The actor was not required to register as a sex offender under Chapter 62 and did not have a prior reportable conviction under Section 21.11.

The opposite-sex requirement makes this defense unavailable in same-sex situations, no matter the age gap or whether the interaction was consensual.¹

A separate affirmative defense applies if the actor was legally married to the child at the time. Texas permits marriage at 16 or 17 only with court approval, so this defense covers a limited set of cases.¹

Both are affirmative defenses, meaning the defendant bears the burden of raising and proving them. Being close in age to the child does not block an arrest or indictment on its own.

Sex Offender Registration

A Section 21.11 conviction is a reportable conviction under Chapter 62 of the Texas Code of Criminal Procedure, so registration is mandatory. The judge has no discretion to waive it.⁵

Registration length depends on the offense:

Sexual contact under (a)(1): lifetime registration in Texas.
Exposure under (a)(2), first conviction: registration for 10 years after the person completes their sentence and supervision.
Exposure under (a)(2), second or subsequent conviction: lifetime registration.

For a sexual contact conviction, the duty to register under Article 62.101 does not end until the person dies.⁶⁷

Registered individuals must report home address, employment, and other personal information to local law enforcement, and that data appears in a public database. Failing to comply with registration requirements is a separate criminal offense.

Collateral Consequences

Firearms

Because both offenses are felonies, a conviction triggers a lifetime federal firearm ban under 18 U.S.C. § 922(g)(1). That statute prohibits anyone convicted of a crime punishable by more than one year in prison from shipping, transporting, or possessing a firearm or ammunition.⁸ Texas law adds its own restrictions on felons, but the federal ban is permanent and operates independently of any state rights restoration.

Passports and International Travel

Under International Megan’s Law, the U.S. State Department prints an identifier on the passports of covered sex offenders, marking the bearer as someone convicted of a sex offense against a minor. The identifier stays on the passport as long as the person is subject to registration, and passport cards are unavailable to covered individuals.⁹ Registered offenders must also give their registration jurisdiction at least 21 days’ notice before any international travel, including destinations, dates, flight information, and lodging. There is no emergency exception. Foreign immigration officers who scan the passport may deny entry or deport the traveler.

Employment, Housing, and Immigration

Employers who screen for criminal history, which includes nearly all positions involving children or vulnerable populations, will see the conviction. Teaching, childcare, healthcare, coaching, and most government work close off. Many landlords screen for sex offender status, and some Texas cities restrict where registrants can live relative to schools, parks, and daycare centers. For noncitizens, an indecency conviction is generally treated as an aggravated felony for immigration purposes, making deportation likely and relief such as asylum or cancellation of removal nearly unavailable.

When Federal Charges Can Apply

Most indecency cases are prosecuted exclusively under Texas law. Federal jurisdiction enters when the conduct involves interstate activity, such as online communications across state lines or material that moved through interstate commerce, and federal prosecutors “almost always” claim jurisdiction when the internet is used in a child pornography violation.¹⁰ Federal law also sets no statute of limitations for sex crimes against minors, and the federal Sex Offender Registration and Notification Act imposes its own registration standards that run alongside the Texas requirements.¹¹

1
State of Texas. Texas Penal Code Section 21.11 – Indecency With a Child
2
State of Texas. Texas Penal Code 12.33 – Second Degree Felony Punishment
3
State of Texas. Texas Penal Code Section 12.34 – Third Degree Felony Punishment
4
State of Texas. Texas Code of Criminal Procedure 12.01 – Felonies
5
State of Texas. Texas Code of Criminal Procedure Art. 62.001 – Definitions
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State of Texas. Texas Code of Criminal Procedure Art. 62.101
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Texas Sex Offender Registry. SORNA Registration Duration Chart
8
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
9
U.S. Department of State. Passports and International Megan’s Law
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U.S. Department of Justice. Citizen’s Guide To U.S. Federal Law On Child Pornography
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Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART). Current Law