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P. Simmons
P. Simmons, Lawyer
Category: Family Law
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Experience:  16 yrs. of experience including family law.
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i have a 24 yr old nephew he is in jail for being with a 14

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i have a 24 yr old nephew he is in jail for being with a 14 yr old gril in a hotel room, what we know is they didnt have sex, because when they examined the girl the results were negative, so there is no proof but they are still charging him with Sexual Abuse of a Minor. So we just want to know what can happen since there is no proof of sexual abuse?
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

I am sorry for this dilemma

Under Texas law, it is a crime for a an adult, who is greater than three years in age from the child, to have sexual contact with a child under the age of 17.

The law does not just apply to sexual intercourse. It actually applies to any sexual contact.

I will copy the statute below so you can see what the elements are

The key part is this one

In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:
(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or
(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.

So if there was any "sexual contact"...that is if there was touching of the child with the "intent to arouse or gratify sexual desire" that is a crime.

It is less serious than "rape" which involves sexual intercourse.

But it is still a crime.

But they have to prove it.

If there is no physical evidence it could well be a "he said/she said" case. And these can be tough to prove.

But cases of this nature are very serious. Your Nephew would do well to NOT make any statements to the police and to work with his lawyer to defend this. If the state can not prove the elements...if they can not prove touching with the intent to arouse sexual desire? Then then will not be able to convict

Here is the statue


Sec. 21.11. INDECENCY WITH A CHILD. (a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex, the person:
(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire of any person:
(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or
(B) causes the child to expose the child's anus or any part of the child's genitals.
(b) It is an affirmative defense to prosecution under this section that the actor:
(1) was not more than three years older than the victim and of the opposite sex;
(2) did not use duress, force, or a threat against the victim at the time of the offense; and
(3) at the time of the offense:
(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section.
(b-1) It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense.
(c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:
(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or
(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.
(d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.
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