Distinguishing Indecency with a Child and Child Sexual Assault under Texas Law

There are numerous sexual acts involving minors that are penalized under Texas law. Many of them are closely related, and the state will have an opportunity to charge any given individual with multiple different offenses when accused by a minor or someone who knows the minor "child" of engaging in some type of sexual activity with the minor.

Child is defined differently in different parts of the law; a "child" is sometimes a person under eighteen years of age, sometimes it is a person under sixteen years of age and other times it a child means a person with a different age. Texas does not have a consistent law for what constitutes a "child." Each statute must be examined closely to determine what "child" means for the purposes of that statute. 

Two closely related offenses in Texas are Indecency with a Child and Child Sexual Assault.

Indecency with a Child

What age range does this apply to?

Indecency with a Child is an offense that penalizes a broad range of conduct involving a person under 17 years old. As a starting point, it would apply when a party to the conduct is under 17 years old, no matter what gender and no matter what the age gap. There is, however, an affirmative defense available that would require an accused person to prove that they were less than 3 years older than the child.

What conduct is covered?

Three types of conduct are covered. The prohibited conduct includes (1) "sexual contact," (2) exposure of the older person's genitals to the child and (3) causing the exposure of the younger person's genitals to the older person. Note that the child's consent is not relevant. So it does not matter whether the child agreed to the behavior or not, and it does not matter whether the child or the child's family wants to "press charges." 

Learn more about Indecency with a Child

Child Sexual Assault

Child Sexual Assault is a subset of the Texas Sexual Assault law. Child Sexual Assault refers to the portion of the Sexual Assault law that applies to certain consensual sexual behaviors involving children. 

What age range does this apply to?

Child is defined similarly to Indecency with a Child. A child here means someone under 17 years of age. There is also an affirmative defense to consensual sexual acts with a child otherwise prohibited by this statute that requires an accused person to prove the age difference is less than three years. However the person would also have to prove other things, including that the child was older than 14 years old and that that the accused was not already a sex offender. 

What conduct is covered?

Sexual Assault covers both consensual and non-consensual behaviors. Non-consensual sexual penetration is prohibited no matter what the age of the accuser, whether a child or an adult. However, certain consensual sexual behaviors are prohibited under this statute when they involve children. These behaviors specifically include penetration of a child's sexual organ, causing a child's sexual organ's to penetrate someone else, and contact between a child's anus or mouth with the sexual organ of another person.

Learn more about Child Sexual Assault in Texas