Child Molestation

Child Molestation Defense in Texarkana

Defending East Texas & Arkansas Sex Crime Charges Since 1965

A child molestation charge carries consequences that begin the moment an accusation surfaces, long before any conviction. Prison time, mandatory sex offender registration, and the destruction of employment and family relationships are all on the line. In Texarkana, where the Texas-Arkansas state line runs through the city itself, those stakes come with a jurisdictional layer that demands attorneys licensed in both states. That’s what Potter & Marks, PLLC brings to these cases. Our firm has defended clients in East Texas courts since 1965, and every attorney on our criminal defense team holds active licensure in Texas and Arkansas.

Joshua Potter, Jacob Potter, and Eric Marks lead criminal defense at the firm. Charges can be filed even when accusations are disputed, the facts are unclear, or the allegation stems from a contentious custody situation. Early intervention, before formal charges are filed or an investigation intensifies, can affect how a case develops.

If you or someone you know is facing a child molestation accusation in Texarkana, don’t wait. Call Potter & Marks, PLLC at (870) 335-3052 for a free, confidential consultation.

Texas Child Molestation Charges & Penalties

Several distinct offenses fall under what is commonly called child molestation under Texas law. Understanding what you’re charged with matters because the felony classification and sentencing range differ significantly between them.

Indecency with a Child (Texas Penal Code Section 21.11)

This statute covers two offenses. Indecency by contact involves sexual touching of a minor under 17 without penetration and is classified as a second-degree felony, carrying 2 to 20 years in prison under Texas law. Indecency by exposure, which involves exposing genitals to or causing a minor to expose themselves, is a third-degree felony carrying 2 to 10 years. A second-degree conviction can be enhanced to a first-degree felony if the accused has a prior qualifying sexual offense conviction, raising the sentencing range to 15 to 99 years or life.

Sexual Assault of a Child (Texas Penal Code Section 22.011)

This charge involves penetrative conduct with a minor under 17. Under Texas law, it is a second-degree felony carrying 2 to 20 years in prison and fines up to $10,000. Texas sets the age of consent at 17.

Aggravated Sexual Assault of a Child

Charges are elevated to aggravated sexual assault when the alleged victim is under 14 or when the conduct involved serious bodily injury, a deadly weapon, or an incapacitating substance. This offense is a first-degree felony under Texas law, punishable by 5 to 99 years in prison.

Sex Offender Registration & Collateral Consequences

A conviction on certain child molestation charges in Texas triggers mandatory sex offender registration under Chapter 62 of the Texas Code of Criminal Procedure. A conviction for indecency with a child by contact, for example, carries lifetime registration requirements. Registration affects where a person can live, work, and be present, and it appears on public background checks indefinitely.

A separate DFPS (Texas Department of Family and Protective Services) investigation may run parallel to the criminal case. DFPS operates under different evidentiary standards and can issue findings that affect parental rights and access to children before any criminal conviction. Professional licenses in education, healthcare, and other fields requiring background checks are also at risk following a felony sex offense conviction.

Why Texarkana Defendants Choose Potter & Marks, PLLC

Our firm has logged over 10,000 court appearances with 91% satisfactory results across more than 455 clients served since 1965. That record spans state, federal, and juvenile courts throughout East Texas. Joshua Potter and Jacob Potter have been recognized by Super Lawyers; Eric Marks has earned recognition from the National Trial Lawyers Top 40 Under 40.

Child molestation cases are prosecuted aggressively. The Bowie County District Attorney’s Office handles felony sex crime cases on the Texas side of Texarkana, and the dual-state nature of the area means charges can originate in either state. Every attorney at our firm is licensed in both Texas and Arkansas, so we can represent clients regardless of which side of the border the charges arise from. The firm Charles A. Potter founded in 1965 is still here, still in Texarkana, and still building its cases one client at a time.

Contact Us for a Free Consultation

The earlier we can assess your situation, the more options may be available to you. Potter & Marks, PLLC offers free initial consultations for people facing criminal charges in Texarkana and throughout East Texas, handled with full confidentiality.

Call us now at (870) 335-3052 or reach us through our online contact form to speak with our criminal defense team.

Defense Strategies in Texas Child Molestation Cases

No two child molestation cases are identical, and the right defense depends entirely on the facts. Several recognized approaches apply under Texas law, and identifying which ones fit a specific case requires thorough early investigation.

Challenging the Accusation Itself

False or mistaken allegations are a recognized reality in Texas child sex crime cases. They frequently arise during contentious custody disputes or divorce proceedings, where one parent has a personal stake in the outcome, or through coaching by an adult who influences a child’s account of events. A child may also genuinely misinterpret normal physical contact. When an accusation originates in family conflict, the dynamics behind it become a central part of the defense.

Contesting Intent

To secure a conviction for indecency with a child, the prosecution must prove beyond a reasonable doubt that the alleged conduct was committed with intent to arouse or gratify sexual desire. Intent is frequently the most contested element in these cases. Accidental or non-sexual contact that was mischaracterized can support a lack-of-intent defense when the facts back it up.

The Romeo & Juliet Affirmative Defense

Texas Penal Code Section 21.11 includes a statutory affirmative defense sometimes called the “Romeo and Juliet” provision. It applies when the accused was not more than three years older than the minor and of the opposite sex, the conduct was not the result of duress or force, and the accused is not required to register as a sex offender. This defense is narrow and must be raised properly at trial.

Other Defense Avenues

Mistaken identity, alibi, lack of physical evidence, and inconsistencies in the accuser’s account can all form the basis of a defense, but these avenues require early investigation to preserve. In cases where charges proceed despite weak evidence, pursuing charge reduction through plea negotiation or seeking deferred adjudication where Texas law permits may be the most strategic path forward.

What to Do Immediately After an Accusation

Texas law allows child molestation charges to be brought without proof that the accused knew the victim’s age. That lower evidentiary threshold makes the nature and context of any interaction central to the defense. Anything said to police, CPS investigators, or family members before speaking with an attorney can be used to build the prosecution’s case. The right to remain silent is one of the most protective tools available to anyone under investigation.

There is no statute of limitations for indecency with a child under the Texas Code of Criminal Procedure, which means charges can be filed years after an alleged incident. Preserving digital records, communications, and witness accounts as early as possible can be critical to the defense.

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Defending Child Molestation Charges in Texarkana, Texas

Texarkana’s position on the Texas-Arkansas state line creates genuine jurisdictional complexity in criminal cases. The state in which the alleged conduct occurred determines which law applies, which court has jurisdiction, and which prosecutor handles the case. On the Texas side, felony sex crime cases are prosecuted by the Bowie County District Attorney’s Office. On the Arkansas side, a separate set of statutes and courts governs the same conduct.

Sex crime charges involving children are investigated by multiple agencies and pursued vigorously by local prosecutors. A defense team that knows the local courts, judges, and prosecution environment brings a practical advantage. Potter & Marks, PLLC has been part of the Texarkana legal community since 1965, and our attorneys are licensed in both Texas and Arkansas, meaning we can represent clients in either state’s courts without handing off the case or bringing in outside counsel.

What Happens After a Child Molestation Arrest in Texas

An investigation into child molestation in Texas may begin before any arrest. Law enforcement or CPS may receive a report, conduct forensic interviews with the alleged victim, and request access to electronic devices, communications, and personal records. This pre-arrest phase is often when the most consequential decisions are made, and having an attorney engaged at this stage can matter most.

Grand Jury & Indictment

Felony sex crime charges in Texas are typically presented to a grand jury before formal indictment. The grand jury phase is a window during which a defense attorney can work to limit what evidence the prosecution presents and, in some cases, seek to prevent an indictment from moving forward.

The Parallel DFPS Investigation

A DFPS investigation runs alongside the criminal case but isn’t bound by the same evidentiary standards as a criminal court. DFPS can issue findings that affect parental rights, custody arrangements, and access to children before any criminal conviction is entered, and those findings can have lasting consequences independent of the criminal outcome.

Trial, Sentencing & Sentence Stacking

Texas sex crime cases frequently turn on witness credibility, forensic interview technique, and the reliability of accounts recorded weeks or months after an alleged incident. Expert analysis of investigative procedures can reveal weaknesses in the prosecution’s case. When multiple counts are charged based on separate alleged incidents, Texas law may permit sentences to run consecutively rather than concurrently, a practice sometimes called sentence stacking that can dramatically extend the total prison exposure a defendant faces.

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Why Choose Potter & Marks, PLLC?

10,000+ Court Appearances
With over 10,000 court appearances and 91% satisfactory results, you can trust in our firm's ability to deliver favorable outcomes.
455+ Happy Clients
Our firm has earned a reputation for delivering exceptional legal services and achieving positive results.
Free Consultations
Learn how our lawyers can help during a complimentary, confidential consultation.
Licensed in Both Arkansas and Texas
Every lawyer in our office is licensed to practice in both Arkansas and Texas, ensuring that we can effectively represent clients across state lines and in diverse legal contexts.

A Legacy Since 1965

Charles A. Potter founded our firm in 1965. Since then, his sons, Joshua L. Potter and Jacob S. Potter, joined by Eric A. Marks, have continued the legacy bringing their years of professional experience in a broad range of practice areas to use for every client that comes to our firm.

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