Erica Moore, Texas Mother, Allegedly Beat Son With Electrical Cord

Foxrac said:
I will be not surprised if Texas gets sued by GLBT group for not fair treatment as opposite sex does, so I believe that 3 years rule should apply to same sex or opposite sex, except for incest.
Click to expand...

It applies. Read the statute that I posted above.
 
NitroHonda said:
It applies. Read the statute that I posted above.
Click to expand...

NitroHonda said:
How does it? I don't know what you and Foxrac are referring to?
Click to expand...

The title start - indecency with a child is crime offense, regardless if it is same sex or opposite sex.

But... it has affirmative defense to prosecution if the child is no more than 3 years difference of opposite sex only. - That's means same sex doesn't have same affirmative defense.

For example: 18 years old male and 15 years old female (non-relative) so 18 years old male will able to affirmative defense.

The law has indent that separate - the link below is better in format. The 1 and 2 are sub under A and 1, 2 and 3 are sub under B. The main A and main B don't mix at same time.
PENAL CODE**CHAPTER 21. SEXUAL OFFENSES

I like to copy in correct format but AD forum doesn't support format style that allow to indent.
 
Finally, I just use code to insert the law source that allow to indent.

Code: 
Sec. 21.11.  INDECENCY WITH A CHILD.  

[COLOR="Red"][B](a)[/B][/COLOR]  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:
   [COLOR="Green"][B](1)[/B][/COLOR]  engages in sexual contact with the child or causes the child to engage in sexual contact; or
   [COLOR="green"][B](2)[/B][/COLOR]  with intent to arouse or gratify the sexual desire of any person:
      [U](A)[/U]  exposes the person's anus or any part of the person's genitals, knowing the child is present; or
      [U](B)[/U]  causes the child to expose the child's anus or any part of the child's genitals.

[B][COLOR="Blue"](b)[/COLOR][/B]  It is an affirmative defense to prosecution under this section that the actor:
   [COLOR="DarkOrange"][B](1)[/B][/COLOR]  was not more than three years older than the victim and of the opposite sex;
   [COLOR="DarkOrange"][B](2)[/B][/COLOR]  did not use duress, force, or a threat against the victim at the time of the offense;  and
   [COLOR="DarkOrange"][B](3)[/B][/COLOR]  at the time of the offense:
      [U](A)[/U]  was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender;  or
      [U](B)[/U]  was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section.

Link: PENAL CODE  CHAPTER 21. SEXUAL OFFENSES
 
Foxrac said:
The title start - indecency with a child is crime offense, regardless if it is same sex or opposite sex.

But... it has affirmative defense to prosecution if the child is no more than 3 years difference of opposite sex only. - That's means same sex doesn't have same affirmative defense.

For example: 18 years old male and 15 years old female (non-relative) so 18 years old male will able to affirmative defense.

The law has indent that separate - the link below is better in format. The 1 and 2 are sub under A and 1, 2 and 3 are sub under B. The main A and main B don't mix at same time.
PENAL CODE**CHAPTER 21. SEXUAL OFFENSES

I like to copy in correct format but AD forum doesn't support format style that allow to indent.
Click to expand...

Correct. Well done.

But, remember an "affirmative defense" does not guarantee acquittal.
 
TXgolfer said:
Correct. Well done.

But, remember an "affirmative defense" does not guarantee acquittal.
Click to expand...

That's true.

As for article, if Erica will to cooperate with police and the 18 years old cousin could charge with statutory rape and incest - that will be worse, also 18 years old cousin have to register as sex offender for rest of his life.
 
My friend's 19 yr old son had sex with a 15 yr. old girl...and went to jail...is a registered sex offender and a child abuser (on his record)...(In Florida)....

My friend was highly upset...She said she had warned her son many times...telling him the girl was "jail bait"...The girl's parents were livid about this...and took it to the extreme...(the girl was their only child)...and I do understand their reasonings and would have done the same thing....

*Knocking on wood*...as my boys are 21, 18 and 16....no problems yet...

As for the 15 yr old and his 18 yr. old "cousin"...I would have pursued this case vigorously...Sex with a relative is highly inappropriate...incest is frowned upon.
 
rockin'robin said:
My friend's 19 yr old son had sex with a 15 yr. old girl...and went to jail...is a registered sex offender and a child abuser (on his record)...(In Florida)....

My friend was highly upset...She said she had warned her son many times...telling him the girl was "jail bait"...The girl's parents were livid about this...and took it to the extreme...(the girl was their only child)...and I do understand their reasonings and would have done the same thing....

*Knocking on wood*...as my boys are 21, 18 and 16....no problems yet...

As for the 15 yr old and his 18 yr. old "cousin"...I would have pursued this case vigorously...Sex with a relative is highly inappropriate...incest is frowned upon.
Click to expand...


If a 19yo laid hands on my 15yo daughter and I found out, prison wouldn't be so "extreme" lol. I am pretty sure the kid would beg for a prison sentence.
 
Wirelessly posted

NitroHonda said:
rockin'robin said:
:shock:
Click to expand...

Note where it points out that gay or not matters none.

§ 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.
Click to expand...
Click to expand...

And this is the same state that supports the death sentence. :hmm:
 
TXgolfer said:
If a 19yo laid hands on my 15yo daughter and I found out, prison wouldn't be so "extreme" lol. I am pretty sure the kid would beg for a prison sentence.
Click to expand...

No matter how they happened to meet and develop a relationship that led to sex?

Given the somewhat disrupted education that some HOH & Deaf kids get they could easily be in high school at the same time. An example is a guy that seems to be to be a respected member of this forum who is 19 and just now a senior in HS. See: http://www.alldeaf.com/general-chat/110409-student-finds-his-voice-stage.html
 
Jane B. said:
No matter how they happened to meet and develop a relationship that led to sex?

Given the somewhat disrupted education that some HOH & Deaf kids get they could easily be in high school at the same time. An example is a guy that seems to be to be a respected member of this forum who is 19 and just now a senior in HS. See: http://www.alldeaf.com/general-chat/110409-student-finds-his-voice-stage.html
Click to expand...

No, it wouldn't matter to me how they met. Luckily my daughter is an adult now so I don't have to worry about it.
 
Wirelessly posted

My daughter is 15 soon 16. I dare anyone to try to have sexual contact with her. Mess with me I'll let you live, mess with my youngen' I will bury you where no one will find you.
 
Babyblue said:
Wirelessly posted

My daughter is 15 soon 16. I dare anyone to try to have sexual contact with her. Mess with me I'll let you live, mess with my youngen' I will bury you where no one will find you.
Click to expand...

I know for a fact that I would be one of those executed if I had girls. My brother has FOUR! Beautiful girls too! College cheerleaders! I'd go on a murdering spree exacting my revenge on those who violated their purity.

Thank god all my kids are boys. You'll probably end up watching me high-five them when they score though.

D'oh!!!! D'oh!!!! D'oh!!!!
 
When I was high school student and one of my classmate is male and 19 years old had sex with 16 years old female in the hidden room until one staff caught. Both of them got 1 day in school suspension.
 
Foxrac said:
When I was high school student and one of my classmate is male and 19 years old had sex with 16 years old female in the hidden room until one staff caught. Both of them got 1 day in school suspension.
Click to expand...

Wow!
 
Back
Top