I have a juvenile who asked a girl at school to perform oral or manual sexual favors for him and then also stated that he would come to her house and rape her. She says in a statement that she was "sort of scared." According to the school personnel, this boy has done this more than once to more than this girl. He has also attempted to touch this girl inappropriately while they are waiting for the school bus.
My question is, I do not think that this will fly under terroristic threat, and when I look at harassment, it seems that you can only harass people by making obscene proposals via phone or email.
Any ideas? I would really like to get this kid under probation and into some serious counseling.
(Keep in mind that I have no experience with juvenile law...but how different from big kids' court can it be? [thunder rolls])
Depending on the facts of where he tried to touch her (and whether you have the evidence to go forward on it) you could range from attempted assault to sexual assault by contact. Obviously you're looking for something more to charge him with than a class C disorderly conduct for his comments (which I think 42.01(a)(4) fits what you've described).
Good luck getting the proper charge - and of course, there are civil remedies for the sexual harassment as well.
Did they have sex and was it with consent? If it was consensual, I think you have nothing.
No sex happened. This all occurred in the classroom basically in front of the teacher, which worries me even more about this kid.
Jim, have you reviewed the case of A.C., 48 SW 3d 899; it sounds pretty close to your facts & the court held it was legally & factually sufficient for Terroristic Threat. I have it downloaded as a pdf if you need it.
What are the ages? I'm assuming they are the same age?
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