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12 yr old charged

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Farfalla

Member
You need to get an attorney for him. If you cannot afford one he can get a public defender.

I don't know the answer to this in TX. A friend of mine's son did someonething similar here in New Mexico at about the same age. After much to do about it, he ended up on probation with counseling. He did what he was supposed to. Learned that the behavior was not acceptable at all. He's not in college doing great. And it's off his record as he's now 21. He does not have to register as a sex offender because it happened when he was so young.

Since no one else answered, I wanted to at least share that with you.
 

TheGeekess

Keeper of the Kraken
"§ 21.11. INDECENCY WITH A CHILD. (a) A person commits an offense if, with a child younger than 17 years and not the person's spouse, 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.
(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.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1981, 67th Leg., p. 472, ch. 202, § 3, eff. Sept.
1, 1981; Acts 1987, 70th Leg., ch. 1028, § 1, eff. Sept. 1, 1987;
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts
1999, 76th Leg., ch. 1415, § 23, eff. Sept. 1, 1999; Acts 2001,
77th Leg., ch. 739, § 2, eff. Sept. 1, 2001."

Section 21.06 was declared unconstitutional by Lawrence v. Texas, 123 S.Ct. 2472. TITLE 5. OFFENSES AGAINST THE PERSON CHAPTER 21. SEXUAL OFFENSES

That is what your son did. This is what Texas will do:

"§ 52.031. FIRST OFFENDER PROGRAM. (a) A juvenile board may establish a first offender program under this section for the referral and disposition of children taken into custody for:
(1) conduct indicating a need for supervision; or
(2) delinquent conduct other than conduct that constitutes:
(A) a felony of the first, second, or third degree, an aggravated controlled substance felony, or a capital felony; or
(B) a state jail felony or misdemeanor involving violence to a person or the use or possession of a firearm, illegal knife, or club, as those terms are defined by Section 46.01, Penal
Code, or a prohibited weapon, as described by Section 46.05, Penal Code.
(b) Each juvenile board in the county in which a first offender program is established shall designate one or more law enforcement officers and agencies, which may be law enforcement
agencies, to process a child under the first offender program.
(c) The disposition of a child under the first offender program may not take place until guidelines for the disposition have been adopted by the juvenile board of the county in which the
disposition is made as required by Section 52.032.
(d) A law enforcement officer taking a child into custody may refer the child to the law enforcement officer or agency designated under Subsection (b) for disposition under the first
offender program and not refer the child to juvenile court only if:
(1) the child has not previously been adjudicated as having engaged in delinquent conduct;
(2) the referral complies with guidelines for disposition under Subsection (c); and
(3) the officer reports in writing the referral to the agency, identifying the child and specifying the grounds for taking the child into custody.
(e) A child referred for disposition under the first offender program may not be detained in law enforcement custody.
(f) The parent, guardian, or other custodian of the child must receive notice that the child has been referred for disposition under the first offender program. The notice must:
(1) state the grounds for taking the child into custody;
(2) identify the law enforcement officer or agency to which the child was referred;
(3) briefly describe the nature of the program; and
(4) state that the child's failure to complete the program will result in the child being referred to the juvenile court.
(g) The child and the parent, guardian, or other custodian of the child must consent to participation by the child in the first offender program.
(h) Disposition under a first offender program may include:
(1) voluntary restitution by the child or the parent, guardian, or other custodian of the child to the victim of the conduct of the child;
(2) voluntary community service restitution by the child;
(3) educational, vocational training, counseling, or other rehabilitative services; and
(4) periodic reporting by the child to the law enforcement officer or agency to which the child has been referred.
(i) The case of a child who successfully completes the first offender program is closed and may not be referred to juvenile court, unless the child is taken into custody under circumstances
described by Subsection (j)(3).
(j) The case of a child referred for disposition under the first offender program shall be referred to juvenile court if:
(1) the child fails to complete the program;
(2) the child or the parent, guardian, or other custodian of the child terminates the child's participation in the program before the child completes it; or
(3) the child completes the program but is taken into custody under Section 52.01 before the 90th day after the date the child completes the program for conduct other than the conduct for which the child was referred to the first offender program.
(k) A statement made by a child to a person giving advice or supervision or participating in the first offender program may not be used against the child in any proceeding under this title or any criminal proceeding.
(l) The law enforcement agency must report to the juvenile board in December of each year the following:
(1) the last known address of the child, including the census tract;
(2) the gender and ethnicity of the child referred to the program; and
(3) the offense committed by the child.

Added by Acts 1995, 74th Leg., ch. 262, § 19, eff. Jan. 1, 1996.
Amended by Acts 1999, 76th Leg., ch. 48, § 2, eff. Sept. 1, 1999."

FAMILY CODE CHAPTER 52. PROCEEDINGS BEFORE AND INCLUDING REFERRAL TO JUVENILE COURT
 
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TheGeekess

Keeper of the Kraken
You need to get an attorney for him. If you cannot afford one he can get a public defender.

I don't know the answer to this in TX.
FF, you should have stopped right there. :rolleyes:
What happens in NM is not what will happen in Texas. And I didn't know that you had been named the Welcome Wagon. :eek:
 

Nativity

Member
What is the name of your state (only U.S. law)? TX

Recently my 7 year old niece stayed with us and my 12 year old son went in the room where she was sleeping and exposed himself to her. He also kissed her and asked to see her private parts, when she said no he told her if she didn't she wouldn't get to go swimming the next day. She still said no and he went back to bed. We decided when her mother told us what her daughter said to put him in counciling to be safe. Well the therapist turned us in to Cps and my son is now being charged with felony indecency with a child. I cant really get any answers from anyone about what is going to happen, or if there is any chance of this being reduced to a misdomener. Can anyone help?
I take it you don't believe what the little girl or what her parents said to have happened, since your telling of the story is quite different than the mother of the 7 year old's story.

If the other story is the factual side of it, you won't be helping your son any by hoping to drop the charges and expecting this to just wash over. He needs help, and a lot of it.
 

tls108

Junior Member
accually I do believe her story. However I believe a felony charge for a 12 year old is a little much. And as for him needing help thats how this got turned in in the first place is because we were seeking counciling for him. And just for the record the mother and the father of the 7 year old think the same thing we do and have gone to court to help get the charges reduced. I never asked for them to drop them just reduce them.
 

CavemanLawyer

Senior Member
TheGeekness, the first offender program statute you cited is just the statute that authorizes the creation of a first offender program. Not every county even has such a program. Also, with the rare exception of some minor offenses, the prosecutor ALWAYS has the authority to have any case referred to the Juvenile court for prosecution even if it is the juvenile's first offense and even if the county does have a first offender program.

With that said, it is still likely that the State will offer sanction level 2 deferred prosecution. He will probably have to attend sex therapy and counseling, report to a probation officer, and do community service IF you agree to all of this. If he completes the probation term than the charges will never be filed, if he violates the agreement than the State would proceed with charges.

But its entirely possible that they will not offer deferred and will seek either level 3 or 4 which involves more intensive probation, will result in an adjudication on his juvenile record, and most importantly will require him to register as a sex offender for 10 years after he completes his probation.

Hire an attorney and strongly consider deferred prosecution if the State offers it. The State of Texas can and will prosecute juveniles as young as 10 so his youth alone won't necessarily keep him out of trouble.
 

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