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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?
 
Posts: 52 | Location: TX, USA | Registered: February 20, 2008Reply With QuoteReport This Post
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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.
 
Posts: 26 | Location: Waco, TX | Registered: May 23, 2013Reply With QuoteReport This Post
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That was absolutely my concern following the opinion in Lee. Thanks.
 
Posts: 52 | Location: TX, USA | Registered: February 20, 2008Reply With QuoteReport This Post
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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.
 
Posts: 1115 | Location: Waxahachie | Registered: December 09, 2004Reply With QuoteReport This Post
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