TDCAA Community
Continuous Family Violence

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/5057034616

October 23, 2017, 14:50
ADA
Continuous Family Violence
Is it proper to charge a Defendant in Texas with Continuous Family Violence (2 assaults w/in 12 month period) if one of the assaults is alleged to have happened in another State?
October 23, 2017, 15:19
GP
My thought would be no. The statute says engages in conduct that constitutes an offense under 22.01(a)(1). The CCA recently addressed this issue regarding continuous sexual abuse of a child in Lee V. State PD-0880-16(opinion issued on 10/4/17). I would read Lee, although the language of the statutes are slightly different I think the same analysis would apply and that both assaults must take place within Texas.
October 23, 2017, 15:31
ADA
That was absolutely my concern following the opinion in Lee. Thanks.
October 23, 2017, 16:49
Andrea W
Yeah, I'd agree. You could definitely introduce evidence of the out-of-state assault, but your jurisdictional two assaults would need to be within Texas under Lee.