Child Molestation Attorney in Georgetown

The Texas Statutes Behind “Child Molestation” Charges

“Child molestation” is a colloquial term, not a defined Texas Penal Code offense. In practice, it typically maps to one or more of three statutes, and understanding which charges have been filed shapes every aspect of the defense.

Indecency with a Child by Contact & Sexual Assault of a Child

Indecency with a child by contact under Tex. Penal Code §21.11 covers sexual contact with a person under 17. “Sexual contact” includes touching through clothing of the anus, breast, or genitals with intent to arouse or gratify. Being married to the child is an affirmative defense under the statute, not a bar to prosecution. Sexual assault of a child under Tex. Penal Code §22.011 involves penetration and also applies to victims under 17. For either charge, consent is not a defense when the victim is under 17. Both are second-degree felonies carrying 2 to 20 years in prison and fines up to $10,000.

Aggravated Sexual Assault of a Child

Aggravated sexual assault of a child under Tex. Penal Code §22.021 applies when aggravating factors are present, such as use of a weapon, serious bodily injury, or acting in concert with another person. This is a first-degree felony: 5 to 99 years or life in prison. A mandatory minimum of 25 years applies when the victim is under 10, or when the victim is under 14 and the offense involves certain penetration. Fines reach up to $10,000. These three charges are frequently filed together depending on the scope of the allegations.

Consequences Beyond Prison

All three charge levels require sex offender registration in Texas. For child-victim sexual offenses, registration is typically lifetime, with periodic in-person reporting requirements. Registered individuals appear in the Texas Sex Offender Registry, which is publicly accessible. Residency restrictions may prohibit living within a set distance of schools, daycare centers, parks, and other locations where children gather. Employment in fields involving contact with children becomes legally restricted, and professional licenses in education, healthcare, and childcare can be permanently revoked.

A felony conviction also strips voting rights, firearm rights, and jury service eligibility. Parental rights and child custody arrangements can be directly affected. Non-citizen defendants face additional exposure: a conviction for an aggravated felony or a crime involving moral turpitude can trigger deportation proceedings and affect future admissibility.

Defense Strategies in Texas Child Sex Crime Cases

No two cases are identical, and no honest attorney promises a particular outcome. What we offer is a thorough review of the state’s case and a defense built around where it’s weakest.

False Allegations:
False accusations are a recognized defense, particularly when charges arise from contentious custody disputes or family conflicts where a child may have been coached or influenced. Examining the timeline of disclosure and the relationships involved is central to this approach.

Challenging Forensic Interview Reliability:
Child forensic interview technique is subject to established scrutiny. Leading questions, the number of prior interviews, and the interviewer’s training can all bear on whether a child’s account is reliable as presented. Physical and medical evidence in these cases is often absent or ambiguous, leaving the prosecution heavily dependent on testimony and outcry witness statements.

Fourth Amendment Challenges:
If law enforcement violated constitutional protections during the investigation, evidence obtained through an unlawful search or seizure may be suppressed. Removing key evidence from the prosecution’s case can affect the course of the proceeding.

Mistaken Identity:
The state must prove beyond a reasonable doubt that the defendant is the person who committed the alleged act. When identification rests solely on a child’s account or circumstances that create uncertainty, that standard can be contested directly.

Pre-Charge Intervention:
Engaging defense counsel before formal charges are filed gives our attorneys the opportunity to communicate with investigators or prosecutors, challenge the sufficiency of the evidence early, and in some cases seek to prevent charges from being filed.