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Texas Juvenile Law Questions & Answers
1 Answer | Asked in Juvenile Law for Texas on
Q: If a 15 year old has sex with a 12 year old who both has mental retardation go to jail.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 10, 2015

Both the 15-year old and the 12-year old are mentally retarded? The 15-year old can be charged with statutory rape, although there may be a diminished-capacity defense. Also there is a 3-year "close-in-age" exception which appears to apply. "However, sex with a child under the age... View More

1 Answer | Asked in Education Law and Juvenile Law for Texas on
Q: Can I legally withdraw my 17 year old son from school in Texas?

My son is 10th grade for the second time. He had already failed the 5th grade. So he is much older and is in route to graduate high school at the age of 20 He wants to drop out of high school and immediately enroll in a GED course, receive his GED and go to a community college. How can I withdraw... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 9, 2015

Ask the administrators at the school first.

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: Can juvenile determinate sentence when transferred to adult parole get the street time taken on violation withoutnewcas

He was 16 sentenced to 8 years probation on determinate sentence went in on 09/09 to tyc aged out at 19 switched to adult parole violated without new case and his street time was taken and added to the end of sentence. He is currently in tdcj. Can they take his street time on a determinate... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 26, 2015

This is not a basic law question, it requires than an attorney do research and provide specifically tailored legal advice, go see a local criminal defense attorney about this.

1 Answer | Asked in Juvenile Law for Texas on
Q: Can a 7 year old boy get in trouble for hitting a 4 year old girl in the state of texas
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 22, 2015

If you are asking about a criminal (or juvenile delinquency prosecution, it is unlikely. A seven year old child isn't normally prosecuted for mere hitting. Was the girl injured?

Or, if you are asking about civil liability, it would depend (among other things), on the extent of the...
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1 Answer | Asked in Juvenile Law for Texas on
Q: a girl is14 and boyfriend is 17and are3years3 months and11 days apart will he get in trouble if they have sex or date
Brian John Willett
Brian John Willett
answered on Aug 6, 2015

Yes because they are more than 3 years apart in age.He could go to prison for 20 years and have to register as a sex offender for the rest of his life.

1 Answer | Asked in Juvenile Law for Texas on
Q: Can a 17 year old girl date a 12 year old boy with parents permission?
Brian John Willett
Brian John Willett
answered on Aug 6, 2015

NO,NO,NO, She can be charged with a felony and possibly go to prison and have to register as a sex offender for the rest of her life.

1 Answer | Asked in Juvenile Law for Texas on
Q: can a 12 year old girl date a 16 year old boy in texas?

the guy is about to turn 17 in july and the girl turns 13 in june.

Brian John Willett
Brian John Willett
answered on Aug 6, 2015

NO, NO, NO. He can be charged with a felony and end up in juvenile prison. And what 16 year old is so immature that he would date a 12 year old. He sounds like a loser.

1 Answer | Asked in Juvenile Law for Texas on
Q: Can I, a 13 year old male who lives in Houston, Tx go to jail for assault???

I gave the kid a concussion, and he was bleeding out of his right ear.

Brian John Willett
Brian John Willett
answered on Aug 6, 2015

You could possibly be charged with assault or even injury to a child. In theory you could go to juvenile prison, if the case was a felony, but highly unlikely.

1 Answer | Asked in Juvenile Law for Texas on
Q: Can a 13 year old date a 16 year old?
Brian John Willett
Brian John Willett
answered on Aug 6, 2015

No, 13 is too young period.

1 Answer | Asked in Juvenile Law for Texas on
Q: Can a seventeen year old attend juvinile court alone if the case was caught at age 16?
Brian John Willett
Brian John Willett
answered on Aug 6, 2015

No, his parents are required to attend as well.

1 Answer | Asked in Juvenile Law for Texas on
Q: Can a 18 yr old girl date a 16 yr old guy
Brian John Willett
Brian John Willett
answered on Aug 6, 2015

Yes they can date and have sexual contact as long as it is consensual and they are less than 3 years apart in age.

1 Answer | Asked in Juvenile Law for Texas on
Q: What would happen if a 17 year old going on 18 had a baby with a boy that just turned 13
Brian John Willett
Brian John Willett
answered on Aug 6, 2015

She can be charged with Aggravated Sexual Assault of a Child and get up to LIFE in prison.

1 Answer | Asked in Juvenile Law for Texas on
Q: My girlfriend is 14 and I'm 13 .can we have sex in Texas?
Brian John Willett
Brian John Willett
answered on Aug 6, 2015

No because you are under 13 which means the age defense does not exists. And you are way to young to be having sex with anyone.

1 Answer | Asked in Juvenile Law for Texas on
Q: If a 15 year old boy in texas touched a 4 year old his sister in texas when he turns 18 will the charges come off of him
Brian John Willett
Brian John Willett
answered on Aug 6, 2015

It would depend on how he was charged. If he received a determinate sentence then never. If he received an indeterminate sentence and didn't get into any other trouble after that at age 19 he could have his records sealed.

1 Answer | Asked in Juvenile Law for Texas on
Q: Is it possible for a 16 year old to go to jail for dating a 13 year old

With no sexual intercpurse

Brian John Willett
Brian John Willett
answered on Aug 6, 2015

Actually here my answer to the same question for the 100th time charges. Since you are "dating" a person who is less than 14 years old then it is possible for you to end up in TJJD if you are having a sexual relationship.

1 Answer | Asked in Juvenile Law for Texas on
Q: If a 17 year old girl who is going to be turning 18 in four months is dating and having sex with a 15 year old is thiok

I think it's disgusting and illegal, am I right.

Brian John Willett
Brian John Willett
answered on Aug 6, 2015

I wouldn't say it is OK but it's not illegal. As long as you are within 3 years in age itis an affimative defense to the criminal offense.

1 Answer | Asked in Juvenile Law for Texas on
Q: Can a 13 year old go to jail for stealing from a vending machine
Brian John Willett
Brian John Willett
answered on Aug 6, 2015

No. At most it would be a fine unless thge amount of the theft was over $50. Or if damages to the machine were over $50.

1 Answer | Asked in Juvenile Law for Texas on
Q: Can a 16 year old boy and a 14 year old girl have sexual contact and date?

The boy will be 17 on September 14 and the girl will be 15 on January 2.

They live in weslaco Texas

Brian John Willett
Brian John Willett
answered on Aug 6, 2015

Yes, as long as you are no greater than 3 years apart in age it is an affirmative defense to the charge.

1 Answer | Asked in Juvenile Law for Texas on
Q: My friend is 15 and he harassed a 11 year old girl that he wanted to touch her butt on a text is this a felony?
Brian John Willett
Brian John Willett
answered on Aug 6, 2015

No, it could possibly be a misdemeanor and if he touches her it could possibly be a felony.

1 Answer | Asked in Juvenile Law for Texas on
Q: Is it legal for two 16 year olds to have sex if it is concentual?
Brian John Willett
Brian John Willett
answered on Aug 6, 2015

Yes as long as it is consensual and and you are different sexes.

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