Indecency With a Child Elements
Aggravated sexual assault requires proof that appellant intentionally and knowingly caused the sexual organ of complainant, a child under the age of fourteen, to contact his sexual organ. See TEX. PEN. CODE ANN. 21.021 (Vernon Supp. 2000).
Indecency with a child, on the other hand, requires proof that the actor engaged in sexual contact with a child under the age of seventeen who was not his spouse, or exposed 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. See id. 21.11(a). Sexual contact is any touching of any part of the genitals of another person with intent to arouse and gratify the sexual desire of any person. See id. 21.01(2); Guia v. State, 723 S.W.2d 763, 765 (Tex. App.--Dallas 1986, pet. ref'd).
The indecency offense requires the "intent to arouse or gratify the sexual desire" because legitimate, non-criminal, contact may occur between parents, nurses, doctors, or other care-givers and a child, particularly a young child, on the relevant body parts. See Caballero v. State, 927 S.W.2d 128, 130-31 (Tex. App.--El Paso 1996, pet. ref'd).
The offense, however, does not require that the arousal or gratification actually occur. Id.
Instead, the offense is complete upon the contact accompanied by the requisite intent. Id.
Specific intent to arouse or gratify sexual desire can be inferred from the defendant's conduct, his remarks, and all surrounding circumstances. See Lozano v. State, 958 S.W.2d 925, 930 (Tex. App.--El Paso 1997, no pet.) (laugh directed at complainant after the commission of the offense);
See also Ochoa v. State, 982 S.W.2d 904, 908 (Tex. Crim. App. 1998) (penetration of complainant's mouth with appellant's penis sufficient to show specific intent).