Indecency with a Child Attorney in Fort Bend County

Former Felony Prosecutor Now Defending Clients Against Child Molestation Charges

When you’re facing an indecency with a child charge in Fort Bend County, the most important thing you can know about your attorney is whether they understand how the prosecution builds these cases. Brandon Sims spent years as a felony prosecutor before transitioning to criminal defense. He has sat on the other side of this type of case. He knows how the Fort Bend County District Attorney’s Office approaches child sex abuse allegations, what evidence prosecutors prioritize, and where investigations can be challenged. That background is the foundation of every defense we build at The Sims Law Firm, PLLC.

With over 17 years of criminal law experience, we handle one of the most serious charges Texas law recognizes. Indecency with a child is aggressively prosecuted, and a conviction carries mandatory felony prison time and, depending on the offense, either lifetime or long-term sex offender registration. Early contact with a defense attorney isn’t just advisable. It can shape what options remain available to you. We offer free consultations, 24/7 availability, and complete confidentiality from the first conversation.

Facing indecency with a child charges in Fort Bend County? Call (713) 766-1445 or reach out online for a free, confidential consultation. We’re available 24/7.

What Texas Law Says About Indecency with a Child

Indecency with a child is defined under Texas Penal Code §21.11 and applies to conduct involving a child younger than 17. Unlike sexual assault of a child under §22.011, which requires penetration or direct sexual organ contact, indecency with a child covers a broader range of conduct and is also a lesser-included offense of sexual assault. Texas law applies regardless of whether the accused knew the child’s age, and there is no statute of limitations for this offense, following a 2007 amendment to Article 12.01 of the Texas Code of Criminal Procedure.

The charge takes two distinct forms under the statute, each with its own elements, felony classification, and penalty range:

Indecency by Sexual Contact (§21.11(a)(1))

• Definition: Engaging in sexual contact with the anus, breast, or genitals of a child, or causing a child to engage in such contact. Sexual contact includes touching through clothing with the intent to arouse or gratify sexual desire.
• Classification: Second-Degree Felony.
• Penalties: 2 to 20 years in state prison and a fine of up to $10,000.

Indecency by Exposure (§21.11(a)(2))

• Definition: Exposing one’s genitals or anus, knowing a child is present, or causing a child to expose their own, with the intent to arouse or gratify sexual desire. No physical contact is required.
• Classification: Third-Degree Felony.
• Penalties: 2 to 10 years in state prison and a fine of up to $10,000.

In both forms of the charge, the prosecution must prove specific intent to arouse or gratify sexual desire. That element is often where the defense begins.

Penalties & Sex Offender Registration Consequences

A conviction carries consequences that extend well beyond the sentence. Understanding the full scope of what’s at stake is essential when evaluating your options.

Direct Felony Penalties

• Incarceration: Mandatory minimum prison sentences of 2 to 20 years, depending on the degree of the felony.
• Fines: Up to $10,000.
• Probation: A judge may grant probation for indecency by exposure. For indecency by contact, a 3G offense under Texas law, probation is available only upon a jury recommendation.

Sex Offender Registration Under Chapter 62

Registration consequences differ significantly between the two offenses. A conviction for indecency by sexual contact under §21.11(a)(1) requires lifetime registration as a sex offender. It is classified as a sexually violent offense under Chapter 62 of the Texas Code of Criminal Procedure. A first conviction for indecency by exposure under §21.11(a)(2) requires 10 years of sex offender registration. A subsequent conviction requires lifetime registration. Deferred adjudication does not avoid registration for either offense. A person placed on deferred adjudication for indecency with a child must still register.

Collateral Consequences of Registration

• Housing Restrictions: Registered sex offenders are prohibited from living near schools, parks, daycares, and other locations where children congregate.
• Employment Restrictions: Employment in fields involving children or vulnerable populations is effectively closed off.
• Public Registry: Name, address, photograph, and offense details are publicly accessible, creating lasting personal and professional consequences.
• Firearms Rights: A felony conviction results in loss of the right to possess firearms under Texas and federal law.

How We Defend Against Indecency with a Child Charges

Defending a sex crime charge requires an immediate, sophisticated, and forensic approach. We build a multi-pronged strategy focused on the defense process and the issues that can affect the case.

Key defense strategies we employ:

• Challenging Intent: The prosecution must prove beyond a reasonable doubt that contact or exposure was committed with the specific intent to arouse or gratify sexual desire. We argue that the conduct was innocent, accidental, or non-sexual, and that the state can’t meet that burden.
• False Accusations and Motive to Fabricate: We investigate the circumstances surrounding the allegation, particularly in family law disputes or custody situations, and introduce evidence that the accuser had a motive to fabricate or exaggerate.
• Challenging Forensic Interview Protocols: Texas law requires structured forensic interviews designed to minimize suggestibility. If investigators used leading questions, conducted multiple interviews, or failed to follow documented protocols, the reliability of the child’s statement is in question. We challenge testimony tainted by those failures.
• Romeo and Juliet Affirmative Defense: Under Texas Penal Code §21.11(b), this defense applies when (1) the actor was not more than three years older than the victim and was of the opposite sex, (2) no duress, force, or threat was used, and (3) the actor was not required to register as a sex offender for life at the time of the offense. When applicable, it can provide a defense to the charge.
• Insufficient Evidence and Corroboration: Texas law permits conviction on uncorroborated child testimony alone, but that testimony must be credible beyond a reasonable doubt. The absence of physical evidence, such as DNA, medical findings, and independent witnesses, can be used to challenge the prosecution’s case.
• Alibi Evidence: A witness who can place the accused elsewhere at the time of the alleged incident directly challenges the prosecution’s account.

What Brandon Sims’ Prosecutor Background Means for Your Defense

The Fort Bend County District Attorney’s Office includes prosecutors with training in child sex abuse cases. They work closely with the Children’s Advocacy Center of Fort Bend County, sex abuse nurse examiners, and forensic interviewers. These are coordinated, experienced teams. Knowing how that office builds and presents these cases isn’t something you can read in a manual. It comes from having worked inside a prosecutor’s office. That’s exactly what Brandon Sims brings to each case.

Fort Bend County felony cases are tried in the district courts at the Fort Bend County Justice Center in Richmond. Brandon Sims anticipates prosecution tactics and builds a defense around your specific circumstances, the evidence in your case, and the precise allegations you face. Our approach isn’t a template. Clients are kept informed at every stage, treated with respect, and given answers as their case moves forward.

The Defense Process: From First Contact Through Resolution

Here’s what the process typically looks like in Fort Bend County and what you can expect from us:

• Immediate, confidential response: We begin a confidential review as soon as you contact us. No delay, no gatekeeping.
• Investigation phase: Child sex crime investigations in Fort Bend County typically begin with a law enforcement referral to the Children’s Advocacy Center for a structured forensic interview. What happened during that investigation matters for your defense, and we examine it closely.
• Pre-charge intervention: If retained before charges are filed, we can engage during the investigation phase and may be able to present mitigating information to the Fort Bend County District Attorney’s Office before a grand jury decision is made. A grand jury no-bill can end the case before it begins.
• Court process: If indicted, the case proceeds to arraignment at the Fort Bend County Justice Center in Richmond. Bail, early statements to investigators, and initial court appearances are all moments where legal representation can affect how the case proceeds.
• Ongoing communication: We can explain your options, answer your questions, and keep you informed so you can make decisions with a full understanding of the stakes at each stage.

If a detective has already contacted you before charges are filed, you have the right to remain silent and the right to an attorney. Statements made without counsel present can be used against you. Reaching out to our firm at that stage is one of the most protective steps you can take.

Take Control of Your Defense in Fort Bend County

Every moment counts when you’re facing these allegations. Contacting The Sims Law Firm, PLLC means a confidential, respectful conversation and a defense grounded in over 17 years of criminal law experience, including time spent as a felony prosecutor on the other side of these cases.

Call (713) 766-1445 or reach out online today for a free, confidential consultation. We’re available 24/7.

Frequently Asked Questions

What Should I Do If I Learn About an Accusation Before Being Charged?

Contact a defense attorney immediately. An attorney retained before charges are filed can engage during the investigation phase and may be able to present mitigating information to the Fort Bend County District Attorney’s Office before a grand jury decision is made. Early action preserves options that can narrow once the case advances.

Can These Charges Affect My Job or Custody Rights Before a Conviction?

Yes. An accusation alone can affect employment and family court matters before any charges are formally filed. Early legal guidance helps protect your interests on both fronts and positions you to respond to collateral consequences as they arise.

Who Investigates Child Molestation Cases in Fort Bend County?

Local law enforcement agencies receive the initial report and refer the case to the Children’s Advocacy Center of Fort Bend County for a structured forensic interview. The investigating detective then presents findings to the Fort Bend County District Attorney’s Office, which decides whether to seek a grand jury indictment.

How Long Does an Indecency with a Child Case Typically Take?

These cases can take months to years depending on the complexity of the allegations, the volume of evidence, whether the case goes to trial, and the district court’s schedule. We can prepare you for realistic timelines and keep you informed as your case progresses.

What Happens After an Arrest for Indecency with a Child?

You’ll typically be booked into the county jail, may face a bail hearing, and will attend initial court appearances at the Fort Bend County Justice Center in Richmond. The decisions made in these early stages, including whether to speak to investigators, can significantly affect how the case develops. Having an attorney present from the first interaction matters.

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