Does 15.04 (renunciation) apply to an offense filed under 15.031? I think that since 15.04 specifically says to which sections it applies, it doesn't apply to 15.031 Criminal Solicitation of a Minor. Anyone have an opinion?
Posts: 31 | Location: Dallas County | Registered: March 13, 2001
I would agree that 15.04 does not apply to 15.031. My argument would be that if the legislature had intended for 15.04 to apply to 15.031 it would have listed it specifically as it did for 15.01, 15.02 and 15.03. This should negate any defense arguments that 15.031 is included by implication.
IMHO, the Renunciation defense does not apply to 15.031. First, not by implication (for the reason stated above), and 2nd, 15.031 was enacted/amended in both 1995 (effective 1/1/96) and in 1999 (effective 9/1/99). BOTH of these amendments were made AFTER the most recent amendment to 15.04 (1993, effective 9/1/94). BE CAREFUL not to chase rabbits the defense may put up - remember that the PLAIN LANGUAGE of 15.04 does not indicate that the defense applies to 15.031, and if possible, get the court to rule on that argument before proceeding to any others (not by implication since there is a list; not amending 15.04 TWICE after amending 15.031).
Posts: 325 | Location: Texas, USA | Registered: November 16, 2004