harboring a runaway in texas

[p o]

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

My 15 year old ran away with her 18 year old boyfriend. they were gone for 2 weeks. We reported her as a runaway on the first day. After 11 days the cops said they had enough evidence to issue warrant for his arrest at this point which was a thursday night. We were told that the warrant would be issued on Friday. Well on Sunday night my daughter returned home. The police said they could still arrest him for harboring a runaway and he left the state with her. We were told the judge never signed the warrant on friday but that could still happen on Monday. Now a week later we are being told that we can not do anything because she went with him willingly. Is this correct and if the police won't help what is our next step. The reason we want the charges filed is because the boy is still around, going up to her school etc. and we are afraid if we do not press some kind of charges, they will do it again.

 

[Just Blue]

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

My 15 year old ran away with her 18 year old boyfriend. they were gone for 2 weeks. We reported her as a runaway on the first day. After 11 days the cops said they had enough evidence to issue warrant for his arrest at this point which was a thursday night. We were told that the warrant would be issued on Friday. Well on Sunday night my daughter returned home. The police said they could still arrest him for harboring a runaway and he left the state with her. We were told the judge never signed the warrant on friday but that could still happen on Monday. Now a week later we are being told that we can not do anything because she went with him willingly. Is this correct and if the police won't help what is our next step. The reason we want the charges filed is because the boy is still around, going up to her school etc. and we are afraid if we do not press some kind of charges, they will do it again.

Go to court TODAY and request a Restraining Order. Then go to the police and talk to the supervisor. Keep going up the chain of command until someone helps you. You could also talk to the State Prosecutor.

Do not leave you daughter alone for a second. Make sure you or her father are always with her. Do not allow her to go out with friends. Take away all access to phones and computers.

Some of the crimes this boy committed are:

Harboring a Runaway
Custodial Interference
Contributing to the Delinquency of a Minor

 

[stealth2]

How is it that your 15yo has the freedom (not to mention the time) for an 18yo boyfriend?

 

[Hisbabygirl77]

How is it that your 15yo has the freedom (not to mention the time) for an 18yo boyfriend?

Most seniors in high school are 18 so access to an 18 year old boyfriend really isnt all that hard. Most 15 year olds go to friends house or to movies with their friends ect.... Its really not that hard for a 15 year old to be in a relationship with an 18 year old and parents not to know or to be under impression that they may be younger. Are you telling me at 15 most kids dont have time for boyfriends?? I'm not being a smart butt just dont understand why you think that to be the case. Seems the poster is doing the right course of action now that they are informed.
I can understand your reaction to some extent my kids know they aren't allowed to date until 16 and then it will be in group settings but I also know kids can be sneaky lil buggers when they want to be. Even the best of parents can have children that do dumb things or runaway ect. If this poster was sitting back trying not to take control and deal with it properly I could see an issue.
To poster dont give up making sure to get restraining order and making sure this boy doesnt have contact with your child. Tough love is a good thing and it seems you know that. You are the parent and she is a minor so you have every right legally to say who she can/cannot be around.

 

[michellesguy]

Go to court TODAY and request a Restraining Order. Then go to the police and talk to the supervisor. Keep going up the chain of command until someone helps you. You could also talk to the State Prosecutor.

Do not leave you daughter alone for a second. Make sure you or her father are always with her. Do not allow her to go out with friends. Take away all access to phones and computers.

Some of the crimes this boy committed are:

Harboring a Runaway
Custodial Interference
Contributing to the Delinquency of a Minor

not to mention since he left the state with her without parental permission, he can also be charged with the mann act, which will put him in prison for 10 years or so. so this kid is looking at a guy named bubba as his new best buddy for 10 years or so.

 

[cyjeff]

not to mention since he left the state with her without parental permission, he can also be charged with the mann act, which will put him in prison for 10 years or so. so this kid is looking at a guy named bubba as his new best buddy for 10 years or so.

I saw no mention of crossing a state line.

 

[stealth2]

Most seniors in high school are 18 so access to an 18 year old boyfriend really isnt all that hard. Most 15 year olds go to friends house or to movies with their friends ect.... Its really not that hard for a 15 year old to be in a relationship with an 18 year old and parents not to know or to be under impression that they may be younger. Are you telling me at 15 most kids dont have time for boyfriends?? I'm not being a smart butt just dont understand why you think that to be the case. Seems the poster is doing the right course of action now that they are informed.
I can understand your reaction to some extent my kids know they aren't allowed to date until 16 and then it will be in group settings but I also know kids can be sneaky lil buggers when they want to be. Even the best of parents can have children that do dumb things or runaway ect. If this poster was sitting back trying not to take control and deal with it properly I could see an issue.
To poster dont give up making sure to get restraining order and making sure this boy doesnt have contact with your child. Tough love is a good thing and it seems you know that. You are the parent and she is a minor so you have every right legally to say who she can/cannot be around.

I come from the perspective of a parent of a 15yo girl. Who really hasn't got the time to date - 18yo or other. She leaves for school at 6am, spends the day at her school for academics, then goes to the local HS for sports. Gets home at ~6 on practice days, ~7:30 on game days. Shower, dinner, homework, bed. Weekends? Practice from 8-12. Shower, homework, and then any social time is usually at a friend's - where a parent is home.

Additionally, and I know people think this is corny, but she (and her older brother) has aspirations for her future. She knows what she needs to do to get there, and what distractions will be in her path. She chooses to avoid the distractions.

But overall? Busy kids are kids who tend not to have time to get into trouble.

 

[Hisbabygirl77]

I come from the perspective of a parent of a 15yo girl. Who really hasn't got the time to date - 18yo or other. She leaves for school at 6am, spends the day at her school for academics, then goes to the local HS for sports. Gets home at ~6 on practice days, ~7:30 on game days. Shower, dinner, homework, bed. Weekends? Practice from 8-12. Shower, homework, and then any social time is usually at a friend's - where a parent is home.

Additionally, and I know people think this is corny, but she (and her older brother) has aspirations for her future. She knows what she needs to do to get there, and what distractions will be in her path. She chooses to avoid the distractions.

But overall? Busy kids are kids who tend not to have time to get into trouble.

I can see your point and since I do the same with my kids because I also believe keeping them busy is good w/ dance, sports, drama ect... Sadly, though even the busiest of kids if they want to rebel will. I pray on a daily basis I luck out and none of my five do.

 

[CavemanLawyer]

The fact that she went willingly makes no legal difference under the harboring a runaway statute. If fact, the child is going willingly in pretty much all cases otherwise it would fall under another statute like kidnapping or unlawful restraint of a child. What the officer might have been trying to say is just that you've got your daughter back and maybe its not the strongest case so they'd like to just close it.

If you want to press the issue, the above advice is all good. Talk to the officer again. Go here: http://www.statutes.legis.state.tx.us/?link=PE and print out Sec. 25.06 of the penal code and kindly ask the officer to explain how her consent prevents them from prosecuting the charge. You might ask to speak to the officer's supervisor and you could try also speaking to a prosecutor at the DA's office, especially if they allow you to file citizen's complaints there. Ultimately the police have the discretion on whether or not to forward misdemeanors charges to the DA's office, and the DA's office has complete discretion in all cases to choose not to file charges even if there is probable cause. As mentioned above, your best bet is to hire an attorney and file for a restraining order. If he violates that then he can be prosecuted for violation of a restraining order instead.

As far as the child being brought across state lines, that certainly aggravates the facts of the harboring charge but do not expect any additional charges because of it. I worked as a sex crimes prosecutor for many years and dealt with this issue all of the time when 14-16 yr. old victims would run away with the grown man they thought they were in love with, and often they'd cross state lines. I'd always forward the case to the Feds first as a formality before filing my charges, and they'd always reject it. Unless the victim or suspect is high profile, the child is seriously injured or killed, or there is at least force used, the Feds will not prosecute these charges. This is handled in State court and it is charged as unlawful restraint of a child. There is an exception however if the child is 14 or older, no force is used, and the actor is no more than three years older than the victim. Since this seems to apply to your situation, the DA's office just isn't going to be able to prosecute that act. The harboring a runaway charge is the one to try and press.

 

[sammi321]

In order for Texas Penal Code 25.06 to apply in this case the boyfriend (1) must know that she is absent from the home without the consent of the parent and (2) that she is gone for a substantial length of time, or without the intent to return. It seems like the boyfriend knows that she is gone for a substantial length of time, but you must show that he knows she doesn't have consent of the parent. The original poster doesn't comment on whether he knows that. If the parent has never told the boyfriend that and the daughter says her parent gave her permission to leave the home then you are missing a required element.

It sounds like the police may have applied for an arrest warrant for the boyfriend, but the judge found no probable cause to issue the warrant. The police will have to have a warrant to arrest him unless they observe an offense taking place. District Attorneys will sometimes accept a case for prosecution that they rejected from law enforcement officers if the victim/parent contacts the DA's office directly.

Restraining orders are not criminally enforceable. They are civil in nature therefore if he violates a restraining order the issuing court will have to summon him to court and hold him in contempt. Even if the police find him violating a restraining order they cannot arrest him for it. Only a protective order is criminally enforceable and a protective order doesn't apply in this situation as it is not family violence. A restraining order may help with prosecuting the boyfriend under Penal Code 25.06 though by showing that she is absent without consent.

You should look at Texas Code of Criminal Procedure Chapter 63, specifically Article 63.009, to see law enforcement's responsibilities in dealing with missing children reports.