Penal Code Sec. 21.11. Indecency With a Child.
(a) A person commits an offense if, with a child younger than 17 years
and not his spouse, whether the child is of the same or opposite sex, he:
(1) engages in sexual contact with the child; or
(2) exposes his anus or any part of his genitals,
knowing the child is present, with intent to arouse or gratify
the sexual desire of any person.
(B) It is an affirmative defense to prosecution under this section that
the actor:
(1) was not more than three years older than the victim
and of the opposite sex; and
(2) did not use duress, force, or a threat against the victim
at the time of the offense.
© An offense under Subsection (a)(1) is a felony of the second degree
and an offense under Subsection (a)(2) is a felony of the third degree.
