One main difference is the age of consent for each offense (in the case of indecency with a child, the age of consent is 17 years old, whereas the age of consent is 18 years old for sexual performance).Indecency with a Child is one of the “Statutory Rape” charges in Texas, the other related law being Sexual Assault of a Child.Convictions under 21.11(a)(1) (Indecency – Contact) are generally worse than convictions under 21.11(a)(2) (Indecency – Exposure).
The charge will usually involve challenging the word of the victim, who is a child and who will be looked at as the “victim” in this case–even if the child consented to the activity.
In addition, the age of consent in Texas actually varies upon the activity.
If the activity is considered “sexual conduct” under the Sexual Performance law, the age of consent is 18 years old.
Indecency with a Child is punished as a second degree felony if it is charged under subsection (a)(1) (the Indecency with a Child – Sexual Contact) and as a third degree felony if it is charged under subsection (a)(2) (Indecency with a Child – Exposes).
This means that the state of Texas could charge you with this offense any time after the offense is alleged to have been committed.