"§ 21.11. INDECENCY WITH A CHILD. (a) A person commits an offense if, with a child younger than 17 years and not the person's spouse, whether the child is of the same or opposite sex,
the person:
(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire of any person:
(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or
(B) causes the child to expose the child's anus or any part of the child's genitals.
(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;
(2) did not use duress, force, or a threat against the victim at the time of the offense; and
(3) at the time of the offense:
(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section.
(c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:
(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or
(2) any touching of any part of the body of a child,
including touching through clothing, with the anus, breast, or any part of the genitals of a person.
(d) 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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1981, 67th Leg., p. 472, ch. 202, § 3, eff. Sept.
1, 1981; Acts 1987, 70th Leg., ch. 1028, § 1, eff. Sept. 1, 1987;
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts
1999, 76th Leg., ch. 1415, § 23, eff. Sept. 1, 1999; Acts 2001,
77th Leg., ch. 739, § 2, eff. Sept. 1, 2001."
Section 21.06 was declared unconstitutional by Lawrence v. Texas, 123 S.Ct. 2472. TITLE 5. OFFENSES AGAINST THE PERSON CHAPTER 21. SEXUAL OFFENSES
That is what your son did. This is what Texas will do:
"§ 52.031. FIRST OFFENDER PROGRAM. (a) A juvenile board may establish a first offender program under this section for the referral and disposition of children taken into custody for:
(1) conduct indicating a need for supervision; or
(2) delinquent conduct other than conduct that constitutes:
(A) a felony of the first, second, or third degree, an aggravated controlled substance felony, or a capital felony; or
(B) a state jail felony or misdemeanor involving violence to a person or the use or possession of a firearm, illegal knife, or club, as those terms are defined by Section 46.01, Penal
Code, or a prohibited weapon, as described by Section 46.05, Penal Code.
(b) Each juvenile board in the county in which a first offender program is established shall designate one or more law enforcement officers and agencies, which may be law enforcement
agencies, to process a child under the first offender program.
(c) The disposition of a child under the first offender program may not take place until guidelines for the disposition have been adopted by the juvenile board of the county in which the
disposition is made as required by Section 52.032.
(d) A law enforcement officer taking a child into custody may refer the child to the law enforcement officer or agency designated under Subsection (b) for disposition under the first
offender program and not refer the child to juvenile court only if:
(1) the child has not previously been adjudicated as having engaged in delinquent conduct;
(2) the referral complies with guidelines for disposition under Subsection (c); and
(3) the officer reports in writing the referral to the agency, identifying the child and specifying the grounds for taking the child into custody.
(e) A child referred for disposition under the first offender program may not be detained in law enforcement custody.
(f) The parent, guardian, or other custodian of the child must receive notice that the child has been referred for disposition under the first offender program. The notice must:
(1) state the grounds for taking the child into custody;
(2) identify the law enforcement officer or agency to which the child was referred;
(3) briefly describe the nature of the program; and
(4) state that the child's failure to complete the program will result in the child being referred to the juvenile court.
(g) The child and the parent, guardian, or other custodian of the child must consent to participation by the child in the first offender program.
(h) Disposition under a first offender program may include:
(1) voluntary restitution by the child or the parent, guardian, or other custodian of the child to the victim of the conduct of the child;
(2) voluntary community service restitution by the child;
(3) educational, vocational training, counseling, or other rehabilitative services; and
(4) periodic reporting by the child to the law enforcement officer or agency to which the child has been referred.
(i) The case of a child who successfully completes the first offender program is closed and may not be referred to juvenile court, unless the child is taken into custody under circumstances
described by Subsection (j)(3).
(j) The case of a child referred for disposition under the first offender program shall be referred to juvenile court if:
(1) the child fails to complete the program;
(2) the child or the parent, guardian, or other custodian of the child terminates the child's participation in the program before the child completes it; or
(3) the child completes the program but is taken into custody under Section 52.01 before the 90th day after the date the child completes the program for conduct other than the conduct for which the child was referred to the first offender program.
(k) A statement made by a child to a person giving advice or supervision or participating in the first offender program may not be used against the child in any proceeding under this title or any criminal proceeding.
(l) The law enforcement agency must report to the juvenile board in December of each year the following:
(1) the last known address of the child, including the census tract;
(2) the gender and ethnicity of the child referred to the program; and
(3) the offense committed by the child.
Added by Acts 1995, 74th Leg., ch. 262, § 19, eff. Jan. 1, 1996.
Amended by Acts 1999, 76th Leg., ch. 48, § 2, eff. Sept. 1, 1999."
FAMILY CODE CHAPTER 52. PROCEEDINGS BEFORE AND INCLUDING REFERRAL TO JUVENILE COURT