Juvenile Indecency

Facing criminal charges can be one of the most stressful and challenging experiences of your life. Jerry Michael Acosta is dedicated and experienced with Juvenile Violent Crimes Defense Law in Texas and is committed to providing you with the highest level of legal representation. JMA ensures that your rights are protected and that you receive a fair trial.

Juvenile Indecency with a Child Defense in Texas

Indecency with a child is a serious felony charge in Texas, and when a juvenile is accused, the consequences can be life-altering. A charge like this carries not only the risk of detention and commitment, but also the possibility of sex offender registration that can follow your child into adulthood. If your child has been accused of indecency with a child, you need experienced legal counsel immediately.

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Attorney Jerry Acosta has more than 20 years of experience in Texas juvenile law and has served as a judge, giving him an unmatched understanding of how these cases are handled in court. He has been named a Super Lawyer for 10 consecutive years and is committed to providing the strongest possible defense for every juvenile client he represents.

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What Is Indecency with a Child Under Texas Law?
 

Under the Texas Penal Code, a person commits indecency with a child if, with a child younger than 17 years of age and with the intent to arouse or gratify sexual desire, they:

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• Engage in sexual contact with the child or cause the child to engage in sexual contact; or
• Expose their anus or genitals knowing the child is present, or cause the child to expose their anus or genital

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​Indecency with a child by sexual contact is a second-degree felony. Indecency with a child by exposure is a third-degree felony. Both are serious charges with significant consequences in the juvenile system.

How These Charges Often Arise Involving Juveniles
 

Many indecency charges involving juveniles arise from situations that are far more nuanced than the statute suggests. Common scenarios include:
 

• Sexual exploration or contact between teenagers who are close in age
• A misunderstanding or exaggeration of what actually occurred
• An allegation made during a contentious family situation such as a custody dispute
• Conduct that occurred over social media or through messaging applications
• An incident that was reported by a third party rather than the alleged victim

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Understanding the full context of how the allegation arose is one of the most important steps in building a defense. What the law says happened and what actually happened are not always the same thing.

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The "Romeo and Juliet" Exception in Texas
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Texas law includes what is commonly called the "Romeo and Juliet" affirmative defense, which applies in cases where the accused and the alleged victim are close in age. Specifically, if the defendant is not more than three years older than the alleged victim, was not required to register as a sex offender at the time of the offense, and the conduct was not coercive or abusive, this defense may be available.

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This exception exists precisely because Texas law recognizes that consensual conduct between teenagers should not be treated the same as predatory behavior by an adult. Relying on this defense requires careful legal analysis, and we evaluate every case individually to determine whether and how this exception applies.​

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Consequences of an Adjudication for Indecency with a Child
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If a juvenile is adjudicated for indecency with a child, the consequences can be severe and long-lasting:
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• Commitment to the Texas Juvenile Justice Department

• Probation with intensive supervision and mandatory sex offender treatment
• Sex offender registration, which may be required during the juvenile period and potentially into adulthood
• Restrictions on where your child can live, attend school, and participate in community activities
• Lasting impact on educational and employment opportunities

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The possibility of sex offender registration makes this charge particularly serious. Even a juvenile adjudication can trigger registration requirements, and in some cases those requirements can extend well into adulthood. Fighting to prevent registration is one of the central objectives of our defense strategy.

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Defense Strategies for Indecency with a Child
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Every indecency case is different, and the right defense depends entirely on the facts. With 20 years of juvenile law experience, we have handled cases across a wide range of circumstances. Common defense approaches include:

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Challenging Intent
The statute requires proof that the conduct was committed with the intent to arouse or gratify sexual desire. If that intent cannot be established, the charge cannot stand. We examine the circumstances carefully to determine whether this element is truly supported by the evidence.

Raising the Age Exception
If your child and the alleged victim are within three years of age of one another, the Romeo and Juliet affirmative defense may apply. We analyze whether this defense is available and present it effectively when it is.

Challenging the Credibility of the Allegation

Many of these cases come down to one person’s word against another’s. We investigate the background and motivation of the accuser, look for inconsistencies in their account, and challenge the reliability of their statements.

Examining How the Investigation Was Conducted
Law enforcement and child protective services investigators are required to follow specific protocols when investigating child sex offense allegations. If those protocols were not followed, evidence may be suppressed or the reliability of the investigation may be called into question.

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Challenging Digital Evidence
In cases involving social media or messaging applications, we examine the digital evidence carefully. Who had access to the devices involved? Were screenshots or messages taken out of context? Was the evidence gathered lawfully?​

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What Happens at School?
 

A sex crime allegation can trigger immediate consequences at school, even before the legal case is resolved. Your child may face suspension, expulsion proceedings, or removal to an alternative education placement. We advise families on how to navigate the school disciplinary process in parallel with the criminal defense, and we work to protect your child’s right to an education throughout.

Sex Offender Registration and Juvenile Cases
 

Texas law allows courts to order sex offender registration for juvenile offenders in certain circumstances. Whether registration is required depends on the specific offense, the child’s age, and the court’s findings. Registration is not automatic in all juvenile cases, and there are legal arguments that can be made against it.

If registration is ordered, there may be opportunities later to seek removal from the registry. We advise families on both how to fight registration at the outset and how to pursue removal after the case is resolved.