User:Fabrickator/Texas age of consent references


 * James D. Summers v. State of Texas (11-92-057-CR)
 * http://tx.findacase.com/research/wfrmDocViewer.aspx/xq/fac.19921231_0042232.TX.htm/qx
 * http://www.leagle.com/decision/19921285845SW2d440_11248/SUMMERS%20v.%20STATE
 * Section 43.25(b), as amended in 1985, indicates the legislature's intent that employing, authorizing, or inducing a child to engage in either sexual conduct or sexual performance is an offense under Section 43.25(b).
 * John Perry Dornbusch v. State of Texas (13-02-700-CR)
 * http://www.ecases.us/case/texapp/c2922790/john-perry-dornbusch-v-state
 * http://caselaw.findlaw.com/tx-court-of-appeals/1243725.html
 * http://law.justia.com/cases/texas/thirteenth-court-of-appeals/2005/14000.html
 * http://legaliq.com/Case/Dornbusch_V_State
 * https://saputo.law/wp-content/uploads/2015/11/Dornbusch-v.-State-156-SW-3d-859-Tex-Court-of-Appeals-13th-Dist.-2005-Google-Scholar.pdf
 * A person commits an offense if ... he ... induces a child younger than 18 years of age to engage in sexual conduct ...
 * "Induce" is not defined by the penal code.
 * We adopt the word's meaning in common usage: "to move by persuasion or influence" ... Webster's Collegiate Dictionary, 10th ed.1996.
 * Mark A. Clark v. State of Texas (03-11-00085-CR)
 * http://law.justia.com/cases/texas/third-court-of-appeals/2014/03-11-00085-cr.html
 * the offense of attempted sexual performance by a child is committed if:
 * (1) the defendant;
 * (2) with specific intent to employ, authorize, or induce a child to engage in sexual conduct or a sexual performance
 * (3) does an act amounting to more than mere preparation
 * (4) that tends but fails to effect the commission of sexual conduct or a sexual performance by a child.
 * ... "sexual performance" ... is defined as any performance that includes "sexual conduct by a child."
 * ... the charged offense required evidence that Clark attempted to induce the complainant to engage in sexual conduct.
 * "Sexual conduct" is defined as including, among other things, "sexual contact" ...
 * Citing Dornbusch: the statute ... criminalizes the inducement of a child’s sexual conduct regardless of whether it amounts to a sexual performance.
 * Citing Emenhiser: ... nothing in the definition of performance "suggests that the exhibition induced by the accused must be for the benefit of a third person as opposed to the accused himself."
 * Emenhiser v. State
 * https://caselaw.findlaw.com/tx-court-of-appeals/1251101.html
 * ... nothing in section 43.25 suggests that the exhibition induced by the accused must be for the benefit of a third person as opposed to the accused himself.
 * Goodwin v. United States, No. 16-1669 (8th Cir. 2017)
 * https://law.justia.com/cases/federal/appellate-courts/ca8/16-1669/16-1669-2017-08-25.html
 * https://cases.justia.com/federal/appellate-courts/ca8/16-1669/16-1669-2017-08-25.pdf
 * This Federal appellate court case reiterates the statement from Dornbusch that 43.25(b) criminalizes an adult's sexual contact with a 17-year-old, subject to evidence of inducement.
 * The relative conciseness of this opinion may make this a more attractive citation than Dornbusch.
 * This does not explicitly address whether or not the "age of consent" is actually 17, but makes clear that the court cares whether an act is criminal, regardless of what it is called.
 * Attorney Jeff Greco
 * https://web.archive.org/web/20150206042308/houstoncriminaldefender.com/2013/11/17-years-old-not-old-enough-to-consent-in-texas/
 * alternate link: https://archive.wikiwix.com/cache/index2.php?url=https%3A%2F%2Fhoustoncriminaldefender.com%2F2013%2F11%2F17-years-old-not-old-enough-to-consent-in-texas
 * [Texas Penal Code § 43.25] is rife with opportunity to essentially ensnare each and every high school senior who fools around with a high school girl who is 17
 * Depending on the County you are residing in, and the color of your skin, this could be just the charge they use to hang you out to dry.
 * You need to forget anything regarding the age of consent in Texas as 17, and focus on 18. If he/she is not 18, they are off limits. Period. Don’t be the next victim of an overzealous prosecutor.
 * Lawlio (Ex Parte: Shawn Paul Anderson)
 * https://www.lawlio.com/opinion/2859439/ex-parte-shawn-paul-anderson
 * In 1985, the legislature amended Section 43.25(b) to read "to engage in sexual conduct or a sexual performance." The post-amendment language of Section 43.25(b) indicates the legislature's intent that employing, authorizing, or inducing a child to engage in either sexual conduct or sexual performance is an offense under Section 43.25(b).
 * Texas Lawyer (Ex Parte: Jeffrey Wayne Fujisaka
 * http://www.texaslawyer.com/id=1202736059116/EX-PARTE-JEFFREY-WAYNE-FUJISAKA?slreturn=20170120015602
 * ... speech incidental to such relations would not be categorically excluded from protection under the First Amendment, application of §43.25(b) to the authorization or inducement of 17-year-old children to engage in sexual conduct or a sexual performance is the most problematic application of the statute. However, the existence of some rare impermissible application does not establish that the statute is substantially overbroad.
 * Leagle (Garay v. State)
 * http://www.leagle.com/decision/19971013954SW2d59_11010/GARAY%20v.%20STATE
 * The state charged appellant, Richard Garay, with ... Sexual Performance by a Child by Inducement
 * James Alexander Leal (Bexar County, charged January 2019)
 * news stories
 * http://web.archive.org/web/20190124033428/http://herald-zeitung.com/community_alert/article_849aa57e-1ea9-11e9-b9cd-fbbd97652157.html
 * https://www.mysanantonio.com/news/local/crime/article/Comal-County-sheriff-deputy-accused-of-sleeping-13549655.php
 * https://www.ksat.com/news/fired-comal-county-sheriffs-office-sgt-arrested-accused-of-improper-relationship-with-teen
 * alternate link: https://web.archive.org/web/20190123182402/https://www.ksat.com/news/fired-comal-county-sheriffs-office-sgt-arrested-accused-of-improper-relationship-with-teen
 * suspect stated he knew the law and delayed the sexual relationship until she turned 17 to avoid prison
 * as explained in article: an individual commits the crime of sexual performance by a child if they "induce a child younger than 18 years of age to engage in sexual conduct or a sexual performance."
 * https://www.chron.com/news/local/crime/article/Comal-County-sheriff-deputy-accused-of-sleeping-13549655.php
 * https://www.canyonlakenews-events.com/all-news/former-comal-county-sheriff-sergeant-arrested-accused-of-improper-relationship-with-teen
 * court case details: https://search.bexar.org/Case/CaseDetail?r=2b9a1f8f-22c0-4f91-a9bc-6a29ae40fcf9&st=l&l=leal&fn=james&m=a&cs=&ct=&&p=1_056297+++++++++CM++1888969100000