Summary
In Texas, indecency with a minor is a serious offense. Affirmative defenses include the accused being less than three years older than the victim or being the spouse of the child. However, these defenses dont automatically lead to case dismissal. The District Attorney (DA) has the discretion to decide whether to prosecute based on the evidence and circumstances. The final decision rests with the court. Consult with an attorney for advice tailored to the specific situation.Full Conversation
If someone had committed indecency with a minor in texas, what are the affirmative defenses?
In Texas, the affirmative defenses for a charge of indecency with a minor can include:
- The accused was not more than three years older than the victim.
- The accused was the spouse of the child at the time of the offense.
Please note this information doesn't constitute legal advice, you should consult with an attorney.
So if the accused was not more than three years older than the victim, would they likely have the case dropped?
While an affirmative defense like the accused being not more than three years older than the victim can potentially affect the outcome, it doesn't automatically guarantee that the case will be dropped. The final decision rests with the court.
What if it doesn't go to court, will the DA decide?
Yes, the District Attorney (DA) has the discretion to decide whether to prosecute a case or not. However, the decision is usually based on the evidence and circumstances surrounding the case. Please consult with an attorney for detailed advice.
So if the affirmative defense can't be denied would the case likely be dropped?
While an affirmative defense might strengthen a case, it doesn't automatically lead to a case being dropped. The outcome largely depends on the discretion of the District Attorney (DA) and the specific facts of the case. Consult an attorney for detailed advice.
The one person was * or * and the other was *. Proven by DOB records. If the DA proceeds wouldn't likely be dropped in court?
The age difference might be considered by the DA, but it doesn't guarantee the case will be dropped. It depends on the specifics of the case, the evidence, and the DA's discretion. Please consult with an attorney for professional advice.
two teens were making out and one touched the others breast
In Texas, consent from both parties can be a factor. However, whether the touching is considered sexual assault or not depends on the nature of the act and the circumstances surrounding it. It's crucial to consult with an attorney for advice tailored to the specific situation.
Indecney with a minior
In Texas, indecency with a minor is a serious offense. The defenses can include the accused being less than three years older than the victim or being the spouse of the child. However, these defenses don't automatically lead to case dismissal. Consult with an attorney for advice tailored to the situation.
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