Former Federal & State Prosecutors Defending § 21.11 Cases in Austin
A charge of indecency with a child under Texas Penal Code § 21.11 carries consequences that begin the moment an accusation is made. Employment, custody, professional licenses, and reputation are all at risk before a single court date occurs. We represent clients facing these charges in Austin and throughout Travis, Hays, and Williamson counties. Our team includes former state and federal prosecutors who built cases involving child sex crimes allegations before dedicating their careers to defense.
That background isn’t incidental. A former Assistant United States Attorney and former Assistant District Attorney who have worked alongside the FBI, HSI, DEA, ATF, and Texas Rangers understand exactly how these investigations unfold from the inside. That prosecutorial perspective shapes every defense strategy we build.
If you’re under investigation or have been charged with a child molestation offense in Austin, contact Lance Kennedy Law now at (737) 324-7540 to schedule a confidential consultation. Early action matters. Don’t wait.
What Texas Law Charges as Child Molestation
"Child molestation” is not the formal name of a single Texas offense. Depending on the allegations, prosecutors may consider several criminal statutes. One of the most common is indecency with a child under Texas Penal Code § 21.11., which defines two separate forms.
Indecency by Contact
Indecency by contact under § 21.11(a)(1) occurs when a person engages in sexual contact with a child younger than 17 or causes a child to engage in sexual contact. Sexual contact under the statute includes touching of the anus, breast, or genitals, even through clothing.
Indecency by Exposure
Indecency by exposure under § 21.11(a)(2) requires the prosecution to prove the actor exposed their anus or genitals, or caused the child to expose theirs, with intent to arouse or gratify sexual desire while knowing a child was present.
The statute applies regardless of whether the accused knew the child’s age. Depending on the allegations and how the charging instrument is structured, indecency with a child may overlap with other sexual-offense charges. Whether one offense qualifies as a lesser-included offense of another is a case-specific legal question.
Consequences That Arrive Before Any Verdict
An allegation involving suspected child abuse may also lead to a DFPS investigation separate from the criminal case. DFPS findings can affect parental rights and custody entirely independent of a criminal conviction. Statements made during that process, or in informal conversations with detectives, can be documented and introduced in the criminal case.
A conviction or even an arrest can cost a professional license, a security clearance, or any position involving contact with children. For non-U.S. citizens, a conviction involving § 21.11 may carry serious immigration consequences, including potential removal or effects on future immigration benefits. The exact consequences depend on the subsection of conviction, the record of the case, and the person’s immigration status.
Why Austin Clients Choose Lance Kennedy Law
Our former-prosecutor experience gives us firsthand insight into how criminal investigations are developed, how evidence is evaluated, and where weaknesses may emerge. That means we can identify where forensic interviews may have followed leading or suggestive protocols, where investigative timelines have gaps, and how the Travis County District Attorney’s office evaluates its evidence before presenting charges. That knowledge informs our defense from the first consultation.
Our defense team’s credentials include:
A former Assistant United States Attorney and former Assistant District Attorney on the team
Collective experience across hundreds of state and federal jury trials and thousands of criminal cases in Texas
Two attorneys Board Certified in Criminal Law by the Texas Board of Legal Specialization, a credential requiring demonstrated experience and peer review
Experience in both state and federal courts, which matters when a child molestation investigation overlaps with federal charges such as child pornography or online solicitation
We’re direct with every client about risks, realistic options, and what the evidence actually shows. Prosecutors negotiate differently when the defense team carries genuine federal and Texas jury trial experience into the room. We prepare every case as if it will go to trial, because that preparation can affect how the case is evaluated before trial as well.
Schedule a Confidential Consultation
If you’re facing a child molestation charge or believe you’re under investigation in the Austin area, the time to act is now. We offer a free initial consultation, and payment plans are available to help clients secure experienced defense representation when they need it most.
Contact Lance Kennedy Law at (737) 324-7540 to schedule a confidential consultation.
Defense Strategies in Texas § 21.11 Cases
Because our former prosecutors have been on the other side of these investigations, we understand how the state assembles its evidence, how child witnesses are prepared, and where gaps in a case tend to appear. Defense strategy in an indecency with a child case is fact-specific, but the following approaches may be available depending on the circumstances.
Statutory Affirmative Defenses
Texas Penal Code § 21.11 provides two affirmative defenses. The close-in-age defense applies when the accused was not more than three years older than the child, was of the opposite sex, did not use force or threats, and was not required to register as a sex offender for life. A spousal defense applies when the accused was the child’s spouse at the time of the offense.
False Allegations
Child molestation charges arise with some frequency in contentious divorce and custody proceedings. Investigating the circumstances under which an allegation was first made, who reported it, and what motivated the report can be central to the defense.
Forensic Interview Reliability
Child forensic interviews must follow established protocols. Suggestive questioning, repeated sessions, or leading techniques can compromise the reliability of a child’s account and may be challenged through expert testimony, pretrial motions, or at trial.
Lack of Criminal Intent
Exposure charges under § 21.11(a)(2) require the state to prove the actor intended to arouse or gratify sexual desire. Accidental or non-sexual contact may negate that required mental state, and the prosecution bears the burden of proving intent beyond a reasonable doubt.
Insufficient Evidence & Mistaken Identity
The state must prove every element of the offense beyond a reasonable doubt. Inconsistent statements, gaps in physical or digital evidence, or misidentification by the child may support challenges to the state’s case at trial. Depending on the facts and the state’s evidence, a charge may also be reduced to a lesser offense such as indecent assault under § 22.012 or injury to a child under § 22.04.
I appreciate his compassion and proactive strategy that got my son the best possible outcome.
“Lance took the time to talk to me explained the process and scenarios, he answered all my questions I felt completely confident he was the one we needed to represent my son.”
- Jenny B.
I highly recommend Lance for your legal needs.
“Lance Kennedy Law provided excellent service when I needed legal representation for a family member. Their communication was prompt, keeping me up to date on our case.”
- Sandy S.
All in all, I’d give him a 10/10! Great job!
“He was very professional, answered all my questions in a timely matter. Even on the same day”
The sentencing exposure under Texas Penal Code § 21.11 is severe, and the consequences extend well beyond prison and fines.
Felony Classifications & Sentencing Ranges
Indecency by contact is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000
Indecency by exposure is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000
Indecency by contact is classified as a 3g offense under Texas law, generally requiring a defendant to serve at least half of the sentence before becoming eligible for parole
Prior qualifying sex offense convictions can trigger sentencing enhancements and increase these ranges
Sex Offender Registration in Texas
Sex offender registration is a mandatory consequence of conviction under § 21.11, and the duration depends on the specific offense. A conviction for indecency by contact requires lifetime registration on the Texas sex offender registry. A conviction for indecency by exposure requires registration for 10 years.
Registration affects where a person can live, where they can work, and what activities they can participate in. The registry is publicly accessible. These are collateral consequences that follow a person long after any prison term ends, which is why any defense analysis must account for registration, not just incarceration.
If You’re Under Investigation Before Charges Are Filed
In many § 21.11 cases, law enforcement conducts an investigation lasting weeks or months before making an arrest. A detective asking to “hear your side of the story” is not a casual conversation. It means an investigation is already underway, and anything said in that exchange can be documented and used in a criminal case.
The right to remain silent applies from the moment a person suspects they are under investigation. That includes conversations with law enforcement, school investigators, CPS workers, and in some circumstances, family members. Statements made informally, outside any formal interrogation, have been used as evidence in Texas criminal cases.
What to Do Now
Retain defense counsel before speaking with anyone connected to the investigation. We can intervene before charges are filed, communicating with investigators on a client’s behalf and working to prevent the kind of damaging statements that often affect how a case is charged. Our former prosecutors understand how law enforcement internally evaluates whether to pursue charges, and that knowledge allows pre-charge strategy to be built around how the state actually weighs its evidence.
If you believe your electronic devices may be subject to a search warrant, retain legal counsel immediately. Digital forensics and electronic searches are routine in § 21.11 investigations. Do not attempt to contact the alleged victim, the child’s parents, or any witnesses independently once an investigation has begun. Any such contact can be characterized as witness tampering and can significantly worsen your legal position.
Our experience working alongside the FBI, HSI, and Texas Rangers as former prosecutors is directly relevant when a state child molestation investigation involves federal or multi-agency coordination.
If you’re looking for a child molestation lawyer in Austin, the earlier that call comes, the more options may remain available. Call Lance Kennedy Law at (737) 324-7540.
If authorities arrested you or a family member in Austin, here are some key steps to consider:
Exercise your right to remain silent. Avoid discussing your case with anyone except your lawyer.
Request an attorney immediately. If you can’t afford one, ask for a court-appointed lawyer.
Contact a family member or trusted friend to inform them of your situation.
Do not resist arrest or argue with law enforcement, even if you believe the arrest is unjustified.
Remember details about your arrest, including officer names and badge numbers if possible.
Attend your arraignment, where you’ll be informed of charges and can enter a plea.
Gather relevant documents and information for your case.
Follow all court orders and attend all scheduled hearings.
Consider contacting a bail bondsman if bail is set and you need assistance posting it.
Contact Lance Kennedy Law for a free consultation about potential defense strategies and the next steps in your case.
Whether you should plead guilty or not guilty is a serious legal decision that requires careful consideration of the specific details of your case. This choice can have major consequences for your future.
The best course of action is to consult criminal defense attorney Lance Kennedy, who can review the evidence, charges, and circumstances of your case. I’ll examine your case at no cost, advise you on the potential outcomes of different pleas, and help you make an informed decision. Contact Lance Kennedy Law as soon as possible so we can get started on your case.
Three things: Contact a criminal defense lawyer in your county and then call a bail bondsman to see about getting your friend or family member released.
Tell your friend or family member not to answer any questions about the incident and to ask for a lawyer, which should stop any police questioning.
Instead of waiting out the resolution of your case in jail, bail allows you to be released if you put up a financial deposit as a promise to appear in court.
Typically, people accused of a crime hire a bail bondsman. The bondsman will pay the county the entire bail amount in exchange for you paying the bondsman 10% of the bond.
For example, a typical aggravated assault bond in Comal County is $30,000. You can pay that amount to the county to get released, and the bail bondsman will refund it to you after your case is over.
Or you can pay a bail bondsman a non-refundable fee of $3000 (10% of the bail amount) in exchange for them posting the entire amount.
Yes. I typically require half the fee to be paid up front, and clients can pay the balance over time.
We understand that facing criminal charges can be overwhelming and stressful. As dedicated federal criminal defense attorney with years of experience, I am committed to providing personalized legal counsel for your defense. My approach is tailored to meet your unique needs, ensuring that you have an ally to help get your life back.
1
Get a Free Case Review
Let’s discuss your case, your goals, and what strategies are right for you.
2
Resolve Your Case
I will lead you every step of the way. Together, we will fight for a dismissal.
3
Get Your Life Back
Work to get the best results possible so you can get your life back.
Choosing the right criminal defense attorney in Austin is an important decision. At Lance Kennedy Law, our criminal defense attorneys understand the weight of this choice and the trust you place in your legal representative. Our promise to you goes beyond just words, it’s a tangible commitment to excellence, transparency, and relentless advocacy as we navigate your case together.
