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Texas Juvenile Law Questions & Answers

1 Answer | Asked in Juvenile Law for Texas on

Q: Can a 15 year old ( June 22) date/have sexual relations with a 18 year old ( June 18) without either getting in trouble?

Tammy Lyn Wincott answered on Sep 16, 2019

No - it's called statutory rape because one is a minor.

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on

Q: My teen is being accused of threatening a woman and stealing money from her but it was 2 other teens

Cops questioned

Grant St Julian III answered on Jul 24, 2019

The question of who did what is an issue of fact, and issues of fact are what jury trials are for. Your teen will need an attorney. Start calling around. Good luck.

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Texas on

Q: Could a 20 year old date a 16 year old in Texas if they are previously dating?

My son just started dating a young girl and she is 16. He is 19. I know about the Romeo and Juliet law in Texas but if he turns 20 before she turns 17, is that against the law?

Kiele Linroth Pace answered on Jul 22, 2019

Romeo & Juliet only protects him if he is 3 years TO THE DAY older or less. If he is 3 years and 1 day older than she is then he can't use that defense for Sexual Assault of a Child or Indecency with a Child.

WARNING: He could be prosecuted for Sexual Performance of a Child until the girl...
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1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Texas on

Q: Custody/guardianship of 17 yr old in Texas

I have the 17 year old best friend of my daughter currently living with me. One of her parents is incarcerated, the other on drugs. Her grandmother has guardianship of her but can no longer care for her and is willing to relinquish those rights to me. In Texas, I’ve been told that minors in... Read more »

Jon R. Boyd answered on Jul 16, 2019

Call CPS.

1 Answer | Asked in Family Law, Domestic Violence and Juvenile Law for Texas on

Q: Can a 17 year old face charges or get in trouble for leaving home and living with someone else?

If a 17 year old leaves home, can they be persecuted in Texas? If they are living in a non dangerous environment and the people they are living with are willing to take them in. Is there different laws for this in different towns in Texas?

Kiele Linroth Pace answered on Jul 12, 2019

The people the 17 year old is living with could be prosecuted for the crime of Harboring a Runaway Child.

See: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm#25.06

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on

Q: My son is 16 and we live in Texas and he assaulted me. If I press charges what happens?

Kiele Linroth Pace answered on Jul 1, 2019

You could report it to law enforcement, but they will decide whether or not to pursue the matter. However, you should be aware that you lose control of what happens when the state gets involved. Only the prosecutor can decide what punishment to seek and whether or not to drop charges. I guess I... Read more »

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Texas on

Q: Does a 17 yo need to agree on charges that their parents are placing on someone else without the child wanting them to?

If the child (17) does not want those charges to be placed, does the parent have to have their child (17) agree to placing the charges? Or can the parent just place them regardless if their child (17) wants them or not?

Kiele Linroth Pace answered on Jun 29, 2019

Your parents can't PLACE charges on anyone... all they can do is report a crime and then law enforcement will decide what (if anything) to do about the situation.

1 Answer | Asked in Criminal Law, Domestic Violence and Juvenile Law for Texas on

Q: Hey if I get in a fight with my girlfriends step dad and I'm 16 will I get charges pressed on me?

He is texting me that "i know where he lives just saying" and "when I think I can take come try"

Robert Allen Thornton answered on Jun 24, 2019

The short answer is, it is possible. You would go to a juvenile court, though. Don't talk to the stepdad and let the dust settle.

2 Answers | Asked in Criminal Law, Traffic Tickets, Education Law and Juvenile Law for Texas on

Q: What do I need to do?

I keep calling the number on the back of my citation/ticket and they keep telling me my information is not in the system..

Kiele Linroth Pace answered on May 21, 2019

That happens sometimes. Consider putting a recurring event on your calendar that reminds you to call them every Wednesday at 10am. If you are bad at using your calendar perhaps set an alarm on your smart phone for that purpose.

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3 Answers | Asked in Criminal Law and Juvenile Law for Texas on

Q: If a 17 year old girl wants to be with a 21 year old guy, is it legal in the state of Texas? If so what is the max age?

I know the age of consent in the state of Texas is 17. However does that mean that they are free to have a consentual sexual relationship with anyone of any age or is there a specific maximum age gap?

Grant St Julian III answered on May 15, 2019

Texas Penal Code

Sec. 43.25. SEXUAL PERFORMANCE BY A CHILD. (a) In this section:

(1) "Sexual performance" means any performance or part thereof that includes sexual conduct by a child younger than 18 years of age.

(2) "Sexual conduct" means sexual contact, actual or...
Read more »

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1 Answer | Asked in Personal Injury, Domestic Violence and Juvenile Law for Texas on

Q: IF MY 16 YEAR OLD NIECE SWING AT ME AND MISS BUT THE KICKS ME AND IT LAND I SIT ON HER TO KEEP HER FROM HIT AND KICK ME

TIL SHE CALMS DOWN AND THE SHE GETS UP AND PUNCH ME IN THE FACE BECAUSE I PICK UP HER STUFF AND TELL HER SHE GOING HOME CAUSE SHE DIDN'T ASK ME TO GO ANYWHERE AND I HIT HER BACK CAN I GET IN TROUBLE AND SHE HAS A HISTORY OF FIGHTING GROWN UPS SHE CLAIMS I HIT HER FIRST BUT I DIDN'T I REACHED FOR... Read more »

Kiele Linroth Pace answered on Apr 10, 2019

Anyone can get in trouble for anything. A more important question is can you get OUT of trouble. In this situation it sounds like you may have justifications for self defense in Penal Code 9.31 and possibly also discipline of a child under PC 9.61 (if her parents wanted you to look after her.)... Read more »

2 Answers | Asked in Criminal Law and Juvenile Law for Texas on

Q: Can an 18 years old male have sexual activities to a 16 year old girl? What is legality in terms of this in Texas?

Can I file a charge for 18 yo male for sexual advances to my 16 yo daughter?

Kiele Linroth Pace answered on Mar 7, 2019

It depends on what exactly you mean by "sexual advances" but the potential offenses are Sexual Assault, Indecency with a Child, and Sexual Performance by a Child. You'll need to compare what actually happened to the definitions of those crimes in the Texas Penal Code to determine which, if any,... Read more »

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3 Answers | Asked in Criminal Law and Juvenile Law for Texas on

Q: Can a 16 year old boy get arrested for getting a 14 year old girl pregnant?

The parents of the girl do not want to press charges. The 16 year old boy says she was with multiple friends of his at time of conception. 16 year old says he was with her almost a month after conception

Victoria Collins answered on Jan 24, 2019

Yes. You can be charged with and arrested for statutory rape. Since you are 16 years old, you will automatically be charged as an adult.

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1 Answer | Asked in Criminal Law and Juvenile Law for Texas on

Q: My son got locked up on a conspiracy charge and he's a minor still what will happen to him

Holly Marie Hammons answered on Jan 11, 2019

If your son has no previous record generally the State will recommend a deferred adjudication meaning if he completes probation successfully the charge will not be on his record. Juvenile records are sealed and can only be opened under limited circumstances. Probation for a juvenile is generally... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Juvenile Law for Texas on

Q: Hello, I have my 16 yr old daughter in court on a family violence charge. Judge says I need a lawyer, cant afford

Judge demands I have one but theres no way I can afford it and she doesnt care. What do I do?

Rahlita D. Thornton answered on Jan 9, 2019

Inform the court of your inability to pay and you may be able to get court appointed counsel for no charge.

2 Answers | Asked in Criminal Law and Juvenile Law for Texas on

Q: If a 17 year old wants to fight a 20 year old and it's mutual, will the 20yo get a charge?

Herman Martinez answered on Dec 15, 2018

Please note that once a person turns 17 they are considered an adult in Texas. A mutual fight is typically not a crime. Nevertheless, if one person goes too far with the assault or takes out a deadly weapon during an assault that started without weapons it could rise to the level of a crime.

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1 Answer | Asked in Criminal Law, Domestic Violence and Juvenile Law for Texas on

Q: If i reported a child molester and mother who is involved how do i get involved in helping this young girl? No arrests.

I have evidence and witnesses who can give information. Also mother has been in trouble with oldest daughter who was molested. Other daughter allowed to have boyfriend move in and she was 14. She also allowed her to move out. Now its her youngest daughter who is i feel is being prostituted. Please... Read more »

Kiele Linroth Pace answered on Oct 22, 2018

Report abuse, neglect, or exploitation to the Texas Department of Family and Protective Services (aka CPS) by calling 800-252-5400.

1 Answer | Asked in Criminal Law, Federal Crimes, Sexual Harassment and Juvenile Law for Texas on

Q: In texas the age of consent is 17, so is it LEGAL for a 17 y/o to date and have sexual intercourse with someone who’s 24

Parents have consented to being together. I just wanted to find out about the sexual part.

Kiele Linroth Pace answered on Sep 17, 2018

The felony crime of Sexual Performance By A Child applies anyone under 18 years old engaged in sexual conduct. The plain language of the law criminalizes the conduct itself, even if it does not occur as a performance. If there actually is a performance (or recording) then the parents themselves... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Elder Law and Juvenile Law for Texas on

Q: Is it illegal for an 18 year old to date a 14 year old in Texas

Roy Lee Warren answered on Aug 30, 2018

Of course, but no "hanky panky". Sexual contact is illegal so no sexting either.

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on

Q: What should he do about it ?

So my friend is 20, he was talking to a 16 year old .

Invited her over . She was on her way over when she got into a car crash

BUT

she was driving without insurance .

So her parents are making him pay for the damages . Like the car and such so they don't take it... Read more »

Grant St Julian III answered on Aug 22, 2018

Your friend is not legally responsible for any damages arising from the accident you describe, but any sexual contact between a 20 year old and a 16 year old is a felony. See Texas Penal Code Section 21.11 - Indecency with a Child, Section 22.011 - Sexual Assault, and Section 43.25 - Sexual... Read more »

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