Texas Juvenile Law Questions & Answers
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?
Kiele Linroth Pace's answer
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, apply to your specific situation.
If she consented then he may have an affirmative defense that he is less than 3 years older.
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, apply to your specific situation.
If she consented then he may have an affirmative defense that he is less than 3 years older.
Q: Can a 16 year old boy get arrested for getting a 14 year old girl pregnant?
Victoria Collins' answer
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.
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.
Q: My son got locked up on a conspiracy charge and he's a minor still what will happen to him
Holly Marie Hammons' answer
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 community sentence, stay out of trouble, go to school, and keep appointments with the probation officer. That being said conspiracy is difficult to prove in my experience.
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 community sentence, stay out of trouble, go to school, and keep appointments with the probation officer. That being said conspiracy is difficult to prove in my experience.
Q: Hello, I have my 16 yr old daughter in court on a family violence charge. Judge says I need a lawyer, cant afford
1 Answer
| Asked
in
Criminal Law, Domestic Violence, Family Law and Juvenile Law
for
Texas
on
Answered on Jan 9, 2019
Answered on Jan 9, 2019
Rahlita D. Thornton's answer
Inform the court of your inability to pay and you may be able to get court appointed counsel for no charge.
Inform the court of your inability to pay and you may be able to get court appointed counsel for no charge.
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's answer
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.
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.
Q: If i reported a child molester and mother who is involved how do i get involved in helping this young girl? No arrests.
1 Answer
| Asked
in
Criminal Law, Domestic Violence and Juvenile Law
for
Texas
on
Answered on Oct 22, 2018
Answered on Oct 22, 2018
Kiele Linroth Pace's answer
Report abuse, neglect, or exploitation to the Texas Department of Family and Protective Services (aka CPS) by calling 800-252-5400.
Report abuse, neglect, or exploitation to the Texas Department of Family and Protective Services (aka CPS) by calling 800-252-5400.
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
1 Answer
| Asked
in
Criminal Law, Federal Crimes, Sexual Harassment and Juvenile Law
for
Texas
on
Answered on Sep 17, 2018
Answered on Sep 17, 2018
Kiele Linroth Pace's answer
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 would also commit a felony by giving their consent.
If the 17 years old is a student and the 24 year-old is an employee of a primary or secondary school then it is a different felony offense.
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 would also commit a felony by giving their consent.
If the 17 years old is a student and the 24 year-old is an employee of a primary or secondary school then it is a different felony offense.
Q: Is it illegal for an 18 year old to date a 14 year old in Texas
1 Answer
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in
Consumer Law, Criminal Law, Elder Law and Juvenile Law
for
Texas
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Answered on Aug 30, 2018
Answered on Aug 30, 2018
Roy Lee Warren's answer
Of course, but no "hanky panky". Sexual contact is illegal so no sexting either.
Of course, but no "hanky panky". Sexual contact is illegal so no sexting either.
Q: What should he do about it ?
Grant St Julian III's answer
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 Performance by a Child. Paying for the damages does not prevent the parents from notifying the police about the relationship. Your friend should not date anyone under 18.
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 Performance by a Child. Paying for the damages does not prevent the parents from notifying the police about the relationship. Your friend should not date anyone under 18.
Q: If a 16(Oct,16) yro from Texas is dating a 14(July 15) yro from Utah when does it become illegal for them to date.
Grant St Julian III's answer
See Texas Penal Code Section 21.11 - Indecency with a Child, Section 22.011 - Sexual Assault, and Section 43.25 - Sexual Performance by a Child for the law on the subject.
See Texas Penal Code Section 21.11 - Indecency with a Child, Section 22.011 - Sexual Assault, and Section 43.25 - Sexual Performance by a Child for the law on the subject.
Q: Can charges be brought on a 17 year old boy and parents for taking him to 16 year olds house and left there alone?
Grant St Julian III's answer
What you describe, in an of itself does not, in my opinion, any criminal act. Did anything else occur?
What you describe, in an of itself does not, in my opinion, any criminal act. Did anything else occur?
Q: 14year old girl gets pregnant with 17 year olds kid.can the girls parents press charges?
Grant St Julian III's answer
The girl's parents can file an incident report with the police, but the detective assigned to the case will determine whether to file criminal charges and what charges will be filed.
The girl's parents can file an incident report with the police, but the detective assigned to the case will determine whether to file criminal charges and what charges will be filed.
Q: My 14 yr old poured paint on another child at school. The child’s parent contacted my husband. She basically said pay me
Grant St Julian III's answer
The misdemeanor citation is notice of the criminal charges already filed. People do not file criminal charges, police do. Once the police are called, the detective who investigates the matter decides if and what charges are to be filed. In your case, the police determined enough evidence existed, so the citation was issued. The claim for money from the parent is a civil matter. Talk with a local attorney. Good luck.
The misdemeanor citation is notice of the criminal charges already filed. People do not file criminal charges, police do. Once the police are called, the detective who investigates the matter decides if and what charges are to be filed. In your case, the police determined enough evidence existed, so the citation was issued. The claim for money from the parent is a civil matter. Talk with a local attorney. Good luck.
Q: My son had a juvenile and in adult charge, he’s 17, if he convicted for the adult he has to go back to juvie?
Grant St Julian III's answer
It is possible for a person to serve time in the Texas Youth Commission (prison for juveniles) even after they turn 18. Stay in contact with your son's attorney. Good luck.
It is possible for a person to serve time in the Texas Youth Commission (prison for juveniles) even after they turn 18. Stay in contact with your son's attorney. Good luck.
Q: My son got in trouble for smoking marijuana at school and I am within a few weeks from transferring to ATL can I move?
Grant St Julian III's answer
No one can stop you from moving. Your son, however, may have issues. Call the attorney who represented him on the first case. Good luck.
No one can stop you from moving. Your son, however, may have issues. Call the attorney who represented him on the first case. Good luck.
Q: My neighbor's 14 yr old boy has been hitting and bullying my 10 yr old daughter can i press charges?
1 Answer
| Asked
in
Civil Rights, Domestic Violence and Juvenile Law
for
Texas
on
Answered on May 31, 2018
Answered on May 31, 2018
Kiele Linroth Pace's answer
You can report it to law enforcement, and perhaps you should. However, you should be aware that they will make the decision on whether or not to pursue it and, if they do, you can't dismiss the case if you change your mind later.
You can report it to law enforcement, and perhaps you should. However, you should be aware that they will make the decision on whether or not to pursue it and, if they do, you can't dismiss the case if you change your mind later.
Q: Can a 15 year old daughter have charges pressed against her for punching her 53 year old Mom in the face several times?
1 Answer
| Asked
in
Family Law, Personal Injury and Juvenile Law
for
Texas
on
Answered on May 22, 2018
Answered on May 22, 2018
Q: My 12yrs son has been accused of touching another female student in a class. The girls parent is pressing charges
Grant St Julian III's answer
Give no statement to law enforcement, and meet with a local attorney immediately. Do not discuss this matter with anyone other than your attorney, and avoid posting any social media regarding the matter. Good luck.
Give no statement to law enforcement, and meet with a local attorney immediately. Do not discuss this matter with anyone other than your attorney, and avoid posting any social media regarding the matter. Good luck.
Q: A 15 yro girl came to me saying her mom slapped her and the police gave her mom a ticket I called cps they did nothing.
Kiele Linroth Pace's answer
Call CPS. Call law enforcement. If you get shut down, try taking it up the chain of command. Do not take matters into your own hands because you could end up behind bars.
Call CPS. Call law enforcement. If you get shut down, try taking it up the chain of command. Do not take matters into your own hands because you could end up behind bars.
Q: The police just called me and stated they wanted to talk to me and my 12 year old son about an assault.
F. Edward (Ed) Brown's answer
Yes, you should take a lawyer or cancel the appointment. Whatever you or your son say to police will be use against him if charge or charges are filed. Polices don't talk to accused except to collect evidence of crime.
Yes, you should take a lawyer or cancel the appointment. Whatever you or your son say to police will be use against him if charge or charges are filed. Polices don't talk to accused except to collect evidence of crime.
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