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Galveston, runaway at 17 "OK"

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C

Corday

Guest
What is the name of your state? TEXAS

My son, age 17, walked out Oct. 26, 2004 to avoid a grounding for lying about where he had been and coming home past curfew. On his bicycle, with a backpack, he moved in with a family that has no house rules, and is now engaged in doing whatever he pleases, whenever. I've had no contact with him since he left. I thought the family he went to would counsel him to go home, but they not only welcomed him without question, they seem to be the ones who encouraged him to leave home. A week ago, this entire family was infected with scabbies, covered with sores and waiting for some sort of "check" in order to buy the prescription medicine they needed. They wouldn't have done anything about their sores, except that the mother had chest pains one night, went to ER, and was diagnosed with scabbies and given a written prescription with a warning to "act now."

Since he left, my son no longer goes to school. He's having sexual relations with a 15-year-old girl (black clothes, multi-hued hair) in her mother's home - this is why he left home. He had lied about being with her when there was no need to lie - he wasn't forbidden to "date" her, but "dating" is not what they do. He's so obsessed with "being with" her that he broke curfew that night and got caught, showing a dangerous loss of all self-control.

My son has a $4.45 per hour busboy job, about 15 hours a week. His house key (to our home) is floating around I know not where, as he claims he lost it, so I expect him to come back when I'm not home, with friends, to cart away his computer, 2 TV's, DVD player, VCR, 3 video game consoles, video games, movies and CD's, but not his poor cat who has moped in loneliness since he left, or his beta fish whose bowl I am "too chicken" to clean (I tried, but...eeek). I'm not worried about "the stuff," I just can't understand why he'd walk out on it, he played with his "toys" all the time, took many years accumulating and "setting up" his electronics. He adored that cat, and at 16 he begged for that fish.

The police in Galveston tell me that because he's 17, he is "a free man." But I see in Title 6 Crimes Against the Family Chapter 25 of the Texas penal code, that he has to be 18 to leave home without parental consent, and that those who harbor him are committing a criminal act. I further see (Internet searches) that this has been amended to say "unless the child is 17" but that amendment was signed as "effective 1999." The version that says a child must be 18 is signed "effective September 1, 2003." Also, everything on the internet says that in Texas you have to go to school from age 6 until your 18th birthday.

There is a hitch in our case: my son has been home schooled since 5th grade. He was set to graduate with a valid home school diploma in May, 2005. He was doing great and has always been ecstatic with the home school situation; it was at his pleading that I took him out of school, where he was suddenly failing, teachers "ordering" me since kindergarten to "put him on Ritalin" even though he never, ever, had a behavior problem. He was never short on "socialization" and friends and activities, he is and has always been extremely busy and active, keeping all his friends and always making more friends, never moody, never erratic, a little argumentative on occasion, but never a disciplinary problem for me or anyone else. All the adults we know are crazy about him, they can't believe how great he is.

Without sleep or preparation, he made a 43 on the ASVAB about a month ago, under supervision during the official "delayed entry" process. He has yearned since age 12 to be an Army Ranger or get into Special Forces. The Army shocked him by rejecting his ASVAB score as "too low" (he needed a 50) for a home-schooler (home school is considered no better than GED, we found out at the 11th hour). He also learned, while being processed, that he is five-foot-six. He had thought for 2 years that he was five-foot-seven and getting ever-taller. He thought he was five-nine by now. All of this was devastating for him, though I was (secretly) relieved out of my mind at the Army's rejection, because I've been afraid he would end up NOT in Special Forces, too late to save himself, and devastated by THAT.

I'm sorry this letter is so long. The fact is, my son is operating under a crushing disappointment, tearing his life apart, escaping into "endless fun" without regard for anything or anyone, and Texas law seems to have stamped this horror with its engraved-in-stone dispassionate approval. Can you help us (or me, I guess) with a verdict as to whether at 17 he can leave home, quit home school, and be harbored by adults who know he left without permission, people who are in effect supporting (feeding?) him without restricting his comings and goings in any way?

The "Dad" of this family is purportedly hiding out from an old child support obligation in New Mexico, but he is the least culpable in my situation, a trucker who is rarely home.

Thank you,
Carly Corday
 


JETX

Senior Member
Corday said:
Can you help us (or me, I guess) with a verdict as to whether at 17 he can leave home
Yes, he can leave home, after all, he did. However, as he is under 18, his parent(s) or legal guardian has the right to contact the local police and file a 'runaway' report on him until his 18th birthday.
Let the police know where to find your son so that they can return him.

quit home school,
Per the Texas Education Code:
"§ 25.085. COMPULSORY SCHOOL ATTENDANCE.
(a) A child who is required to attend school under this section shall attend
school each school day for the entire period the program of instruction is provided.
(b) Unless specifically exempted by Section 25.086, a child who is at least six years of age, or who is younger than six years of age and has previously been enrolled in first grade, and who has not yet reached the child's 18th birthday shall attend school."
His 'home school exemption' was waived when he no longer qualified.

and be harbored by adults who know he left without permission, people who are in effect supporting (feeding?) him without restricting his comings and goings in any way?
And as you alluded to, that would be in violation of the Texas Penal Code:
"§ 25.06. HARBORING RUNAWAY CHILD.
(a) A person commits an offense if he knowingly harbors a child and he is
criminally negligent about whether the child:
(1) is younger than 18 years; and
(2) has escaped from the custody of a peace officer, a probation officer, the Texas Youth Council, or a detention facility for children, or is voluntarily absent from the child's home without the consent of the child's parent or guardian for a substantial length of time or without the intent to return."

Another suggestion.... get the locks changed on your doors.

In closing.... there is really no 'good' solution to this problem. Just try to your best to try to guide your son in the short amount of time that he has left before he is 'independent'.
 
C

Corday

Guest
Police refused to help.

I did contact the police, repeatedly when they failed over three days to even get back to me. Their final pronouncement was "My supervisor says he is a free man at 17, adults harboring him are not liable, he does not have to go to school since he is home schooled, and no report can be filed on a 17-year-old." Period. (Galveston, TX, is one laidback town.)

Tomorrow is Monday, however, and I need to know what to say when I go to the police station to become insistent. I've printed out the section of the penal code that applies - it confirms your reply. That's all I've got, and as I said, there appears to be a "mysterious" amendment to that.

Any advice on what to do AFTER the police refuse to act?

Carly
 

JETX

Senior Member
Corday said:
Their final pronouncement was "My supervisor says he is a free man at 17, adults harboring him are not liable, he does not have to go to school since he is home schooled, and no report can be filed on a 17-year-old." Period.
See below.

Galveston, TX, is one laidback town.
Yes, I am quite familiar with Galveston.... and surroundings.

Any advice on what to do AFTER the police refuse to act?
Yep. Show them 'yours' (the stautes) and ask them to explain their contradictory 'opinion'. If needed, keep asking for supervisors as high as you need. I used to know several officers with the Galveston PD (one a Captain, Chief of Detectives), but they have all retired by now....
Lots of 'civilians' don't realize that in Texas, you can go directly to the county DA's office (Intake Division) and file your complaint there if the police seem 'uninterested'.

I will say though.... that legally you have the law on your side.... but the reality is, there isn't a whole lot that the police can do. They know that the minute your son is returned to you, he will likely be out the back door and on his way again. That is more than likely why your complaints are 'falling on deaf ears'. And you need to be aware of a potential problem to all this.... if the 15 year olds parents want to, they could file an underage sex charge against your son.
 

CdwJava

Senior Member
I am looking for the posting, but I recall reading not long ago of a "loophole" in TX law that does not permit law enforcement to seize or return a 17-year-old to their home. My understanding was that this was being addressed in new legislation for the next session of the TX legislature.

I'm attempting to find the actual law and will post it if I do. In the meantime, two friends of mine who are officers in TX have told me they are not permitted to return a 17 year old home. I will see if they can clarify that, but I get this feeling that it is statutory (or used to be) and not a conscious decision by local law enforcement.

- Carl
 
C

Corday

Guest
Cdw, thanks, I would deeply appreciate any unearthing of this loophole!

JetX, I looked up Texas law on "age of conset" and could find nothing disagreeing with the law that states sexual partners are "legal - no matter what!" as long as the partners are within 2 years of the same age. I've even read that Texas has no statuatory rape law. I think I read it here.

Any more on THAT would be valuable too.

Thank you.
Carly
 

CdwJava

Senior Member
Have you spoken to the parents of the 15-year-old? APparently if they are enticing or permitting your son to remain out of your control they can be charged with a misdemeanor:

Enticing a Child (Section 25.04)

A person commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years, he knowingly entices, persuades, and takes the child from the custody of the parent or guardian or person acting as a parent or guardian. This offense is a Class B misdemeanor.


And from what I read, as long as there is a two year age difference, and the girl is 14 or over, then it may not be statutory rape. However! 22.011 says that: A person who has committed any of the acts outlined above has positive grounds for a defense if that person is less than three years older than the victim, the victim is over 14 years of age, and no force was threatened or employed against the victim.

This would seem to indicate that this is grounds for an affirmative defense, and not an excuse NOT to make an arrest or pursue charges.
Of course, the police would still need probable cause to make the arrest.

I'd check some more ... but work beckons.

- Carl
 

JETX

Senior Member
Corday said:
Cdw, thanks, I would deeply appreciate any unearthing of this loophole!

JetX, I looked up Texas law on "age of conset" and could find nothing disagreeing with the law that states sexual partners are "legal - no matter what!" as long as the partners are within 2 years of the same age. I've even read that Texas has no statuatory rape law. I think I read it here.

Any more on THAT would be valuable too.

Thank you.
Carly
Okay, lets take these one at a time.
I had also heard of some reference to a 'no return' policy for 17 year olds, but after a cursory review of the CURRENT Texas statutes, could not find one. In fact, I found several that show the opposite... that a student MUST attend school until either graduation or 18 years of age and that 'harboring' a runaway under 18 is a violation of statute. Both of those LAWS were referenced in my earlier post. Until such time as something else comes up to contradict those CLEAR statutes, I would proceed with them.

As for the age thing.... your earlier post says that she is 15, he is 17.
Those are 'base years' and the law works off of EXACT dates. For example, it is possible that the two ARE more than three years age difference.
Texas Penal Code:
§ 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;


Also:
§ 22.011. SEXUAL ASSAULT.
(a) A person commits an offense if the person:
(2) intentionally or knowingly:
(A) causes the penetration of the anus or sexual organ of a child by any means;
(B) causes the penetration of the mouth of a child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.
(c) In this section:
(1) "Child" means a person younger than 17 years of age who is not the spouse of the actor.

(2) "Spouse" means a person who is legally married to another.
 
C

Corday

Guest
ALSO, he would not be "right out the back door" as soon as the police brought him home, IF the ones harboring him were prosecuted or threatened with jail. This is not a young man who'd live on the street. He goes ONLY where the grass looks greenest. He would come home and talk if he thought his friends (and their WUN-derful 100% permissive parents) were going to pay a price for his actions.

Can't I at least insist the police follow through against the family that he went to?
 
C

Corday

Guest
JetX, thank you! I just now saw your latest post and I am going to follow through with a "well-prepared" feeling tomorrow with the police. I'll just pay attention to what they say, and keep asking more questions based on answers they give, and keep going as high as they'll let me re. supervisors, up to/including the prosecutor you mentioned earlier.

The course which the police want me to follow is to let my son "find out" how tough it is, then welcome him back when he's ready, but I don't think my son is necessarily safe out there. His current closest male friends are ages 19 and up. I think he's even, maybe, afraid to face me at this point. I think it's because he's become sexually active VERY recently (within the past 2-3 weeks at most), and his notion of my probable reaction to that is exaggerated in his mind. He is only 17.
 
C

Corday

Guest
Done!

The young'un is home. Police went out, got him, brought him back. Took D.A. clearing up "the law" to do it, but after that, it was as if there never WAS a problem.

The boy will stay, as he doesn't want his friends "hurt" by his uh, actions. Attitude seems OK too.

THANKS TO YOU GUYS!!!

Love,
Carly
 

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