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Indencency charging question

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May 28, 2009, 17:45
MMB
Indencency charging question
Could indecency with a child be correctly charged without including the intent to arouse or gratify the sexual desire of any person?

The question has come up, if indecency with a child could be charged without the intent element under 21.11(a)? I see the statute lists only sexual contact, and does not include the intent language under 21.11(a), but since the definition of "sexual contact" under 21.11(c) includes the "intent to arouse or gratify the sexual desire of any person", I do not see how the said intent would not be a necessary element of the offense that must be charged. Anyone have any thoughts on the subject?
May 28, 2009, 22:08
rk
I would think it's necessary....otherwise the jury would likely buy into the "oh I was just putting lotion on the child's behind for 20 minutes".