October 23, 2017, 14:50
ADAContinuous 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
GPMy 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
ADAThat was absolutely my concern following the opinion in Lee. Thanks.
October 23, 2017, 16:49
Andrea WYeah, 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.