Injury to a Child or Injury to the
Elderly
Definition of Indecency with a Child - Texas Penal Code
Section 21.11
Section 21.11. INDECENCY WITH A CHILD.
A. A person commits an offense if, with a child
younger than 17 years and not the person's spouse,
whether the child is of the same or opposite sex, 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:
3. exposes the person's anus or any part of the
person's genitals, knowing the child is present; or
4.
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.
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.
Child Abuse
Abuse includes
the following acts or omissions by any person:
A. mental or emotional injury to a child that results in
an observable and material impairment in the child's
growth, development, or psychological functioning;
B. causing or permitting the child to be in a situation
in which the child sustains a mental or emotional injury
that results in an observable and material impairment in
the child's growth, development, or psychological
functioning;
C. physical injury that results in substantial harm to
the child, or the genuine threat of substantial harm
from physical injury to the child, including an injury
that is at variance with the history or explanation
given and excluding an accident or reasonable discipline
by a parent, guardian, or managing or possessors
conservator that does not expose the child to a
substantial risk of harm;
D. failure to make a reasonable effort to prevent an
action by another person that results in physical injury
that results in substantial harm to the child;
E. sexual conduct harmful to a child's mental,
emotional, or physical welfare, including conduct that
constitutes the offense of indecency with a child under
Section 21.11, Penal Code, sexual assault under Section
22.011, Penal Code, or aggravated sexual assault under
Section 22.021, Penal Code;
F. failure to make a reasonable effort to prevent sexual
conduct harmful to a child;
G. compelling or encouraging a child to engage in sexual
conduct as defined by Section 43.01, Penal Code;
H. causing, permitting, encouraging, engaging in, or
allowing the photographing, filming, or depicting of the
child if the person knew or should have known that the
resulting photograph, film, or depiction of the child is
obscene (as defined by the Penal Code) or pornographic;
I. the current use by a person of a controlled substance
as defined by chapter 481, Health and Safety Code, in a
manner to the extent that the use results in physical,
mental, or emotional injury to a child, or
J. causing, expressly permitting, or encouraging a child
to use a controlled substance as defined by Chapter 481,
Health and Safety Code.
K. causing, permitting, encouraging, engaging in, or
allowing a sexual performance by a child as defined by
Section 43.25, Penal Code.
Source: Texas Family Code Section 261.001 / Source:
Texas Penal Code Section 21.11,21.011,22.021,43.01,
43.25 / Source: Texas Health and Safety Code Ch. 481
For more information about
Injury to a Child or Elderly,
Contact Gilbert Garcia today at
936-756-3333.
