Indecency with a Child Defense in Midland

Former Prosecutor Insight for Indecency with a Child Allegations

Texas doesn’t use child molestation as the name of a single criminal offense. Depending on the alleged conduct, an accusation could lead to charges of indecency with a child, sexual assault of a child, aggravated sexual assault of a child, online solicitation, or another offense. We identify the controlling statute and assess the accusation based on the conduct alleged, the child’s age, the available evidence, and the status of the investigation.

Aaron E. Eckman’s former service as an Assistant Criminal District Attorney provides firsthand insight into how prosecutors evaluate evidence and prepare felony cases. Whether investigators have requested an interview or a charge is already pending, we can review the situation before you make decisions that could affect your defense.

Don’t discuss the allegation with investigators before seeking legal advice. Call (432) 223-9427 for a confidential consultation with our Midland criminal defense attorneys.

How Texas Defines Indecency with a Child

Texas Penal Code Section 21.11 addresses certain conduct involving a child younger than 17. It distinguishes indecency with a child by sexual contact from indecency with a child by exposure. That distinction affects the classification of the charge and potential punishment.

Sexual contact generally means touching specified intimate areas, including through clothing, with the intent to arouse or gratify sexual desire. The statute also covers causing a child to engage in that contact. The exposure provision addresses exposing specified intimate areas, or causing a child to do so, when the required intent and other statutory elements are alleged.

An accusation alone doesn’t establish that the prosecution can prove every element. We examine the charging document, statements, timelines, and surrounding circumstances to determine which statute applies and what defenses may be available.

Potential Penalties & Registration Issues

Indecency with a child by sexual contact is ordinarily a second-degree felony. A Texas second-degree felony carries a possible prison term of two to 20 years and a fine of up to $10,000. Indecency with a child by exposure is ordinarily a third-degree felony, which carries a possible prison term of two to 10 years and a fine of up to $10,000.

The punishment range can change when the prosecution alleges prior convictions, enhancements, or additional charges. A qualifying disposition may also raise sex-offender registration issues. Registration requirements depend on the offense, disposition, and applicable law, not the informal label of child molestation.

Other consequences may affect employment, professional licensing, housing, reputation, and family relationships. We explain the specific charge and its possible effects rather than assuming every accusation carries the same consequences.

How We Review the Evidence & Investigate

Our analysis starts with what the government can prove and whether investigators obtained the evidence lawfully. We work with each client to understand the history, identify missing context, and develop a strategy grounded in the facts.

A detailed review may include:

• Reports and statements: Comparing initial allegations, later interviews, witness accounts, and recorded statements for inconsistencies or missing information.
• Digital evidence: Examining messages, photographs, social media activity, device records, location information, and relevant metadata.
• Timelines: Testing claimed dates, locations, access, and opportunity against available records.
• Constitutional issues: Reviewing searches, seizures, questioning, and identification procedures for potential violations of constitutional rights.
• Procedural posture: Determining whether the circumstances call for further investigation, motions, negotiations, trial preparation, or a combination of these steps.

When additional factual work is needed, we may bring in a private investigator. Aaron’s prosecution background informs our examination of the state’s theory. Victoria Eckman’s experience includes jury trials, suppression hearings, detention hearings, and representing clients in serious federal cases involving sex-crime allegations.

State & Federal Cases in Midland

Felony charges arising in Midland County generally proceed through the Midland County District Courts. Federal matters connected to the county may be heard in the Midland-Odessa Division of the Western District of Texas. The court handling the case determines the filing rules, hearing procedures, deadlines, discovery process, and sentencing framework.

A state charge under Texas Penal Code Section 21.11 isn’t interchangeable with a federal child sex offense. We confirm the jurisdiction and charged statute by reviewing the complaint, indictment, warrant, bond paperwork, and other available documents.

Aaron and Victoria bring 20 years of combined experience and have completed more than 500 federal cases. Both are admitted in the Western District of Texas, and Aaron is also admitted before the U.S. Court of Appeals for the Fifth Circuit. Their combined experience allows our firm to navigate the distinct procedures governing state and federal prosecutions.

What to Do After an Accusation or Police Contact

Your decisions can affect the defense even before an arrest. An investigation may begin with a phone call, an interview request, a search, or contact from a detective, school official, or government agency.

Take these practical steps:

• Request counsel: Tell investigators you want to speak with an attorney before answering substantive questions.
• Limit discussion: Don’t discuss the facts with friends, relatives, coworkers, police, or the media.
• Preserve records: Keep potentially relevant messages, devices, photographs, documents, and location data. Don’t delete or alter anything.
• Follow court restrictions: Comply with bond conditions, protective orders, and other lawful release requirements.
• Gather paperwork: Collect any available citations, warrants, bond documents, complaints, and indictments for your attorney to review.

Discuss the Allegation with Our Midland Defense Team

Contact us about an investigation, arrest, or filed indecency with a child charge. During a free phone consultation, you can explain what happened and learn which documents and information we need for an initial assessment.

We handle state and federal criminal defense matters throughout West Texas. Our attorneys examine the specific accusation, explain the applicable process in clear terms, and work with each client to shape an individualized defense strategy.

Call (432) 223-9427 to request a confidential consultation with Eckman Law Firm, PLLC.