Stephen Strawn, a 50-year-old band teacher at First Baptist Academy in Universal City (Bexar County), was recently arrested and charged with indecency with a child (a second-degree felony) and child grooming (a third-degree felony). The allegations involve out-of-class interactions with a teenage student, including inappropriate touching during a uniform fitting and the exchange of inappropriate photographs as part of an alleged grooming process.
What Is Indecency With a Child?
Codified in Texas Penal Code § 21.11, indecency with a child has two components: contact and exposure. The offense applies when the child is younger than 17. It occurs when (1) the adult engages in sexual contact with the child or causes the child to have sexual contact with the adult, or (2) the adult exposes their anus or genitals, or causes the child to do so, with the specific intent to arouse or gratify sexual desire.
Indecency by Contact
To establish indecency by contact under § 21.11(a)(1), the prosecution must prove beyond a reasonable doubt that:
- The child is under 17 years of age;
- The adult engaged in sexual contact by touching the anus, genitals, or breast of the child, or caused the child to touch the adult’s anus, genitals, or breast, for the purpose of sexual arousal or gratification;
- The contact was not accidental, and was done with the specific intent to arouse or gratify the sexual desire of any person, including the adult charged; and
- The contact can occur over clothing and does not need to involve penetration.
Indecency by Exposure
To establish indecency by exposure under § 21.11(a)(2), the prosecution must prove beyond a reasonable doubt that:
- The child is under 17 years of age;
- The adult exposed their own anus or any part of their genitals with intent to arouse or gratify sexual desire, or caused the child to expose the child’s anus or genitals; and
- The adult acted with intent to arouse or gratify the sexual desire of any person (including themselves) and was reckless as to whether the child was present and could see the exposure.
Punishment for Indecency With a Child
Indecency with a child by contact is a second-degree felony, carrying a sentence of 2 to 20 years and a fine of up to $10,000, along with post-incarceration sex offender registration.
Indecency with a child by exposure is a third-degree felony, carrying a sentence of 2 to 10 years, a fine of up to $10,000, and post-incarceration sex offender registration.
Possible Post-Conviction Issues
In a motion for new trial, defense counsel should consider raising, where applicable, the following grounds to preserve issues for appeal:
- Legal sufficiency: The evidence ties multiple counts to what was really a single incident, or the prosecution failed to prove the “intent to arouse or gratify” element or the child’s age.
- Double jeopardy / multiple punishments: The indecency count(s) are not properly carved out from continuous sexual abuse or sexual assault counts covering the same time frame and conduct.
- Unanimity-charge error: The trial court failed to give a proper unanimity instruction where the prosecution presented evidence of multiple, separate incidents supporting a single count, potentially inviting reversal under Cosio v. State (Tex. Crim. App. 2011).
- Improper admission of extraneous-offense or “pen-pack” evidence: Appellate courts have reversed or remanded cases where prior convictions or extraneous conduct evidence were improperly admitted and prejudiced the indecency trial.
Conclusion
If you or a loved one find yourself under investigation for or charged with indecency with a child, contact the John T. Floyd Law Firm for experienced representation.
