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Howdy y'all

I have a very bizarre set of facts and am at a loss when it comes to charging.

I have a fella who was paying children and naive adults to penetrate their anus with a tube, put air up their anus, and then recorded the sound of them farting while wearing their clothing. This happened to like a dozen or so people. He never watched them insert the tube, and no one's genitals or anus was ever exposed in the presence of the defendant.

So now that I am at the charging stage, I am at a loss. I can make Agg Sexual Assault of Child, and Sexual Assault of a Child, but beyond that... it doesn't appear to be a crime.

This act is apparently not "sexual contact" under 43.01 as it would require the touching of the anus of another, and he never touched them, they touched themselves, so I lose sexual performance of a child and soliciting prostitution which just sounds... wrong.

I appear to have a fact scenario where this fella is sexual assaulting children but is not doing sexual contact with them.

The only other fallback I can think of is Trafficking of person via labor trafficking, calling it forced labor through deceit.

I would love some ideas on charging. This seems like an oversite in the law, or maybe just something so strange no one thought of the possibility.


Hunter J. White
Felony Intake – Felony Intake Division
Brazoria County District Attorney's Office
111 E. Locust St, Room 408A
Angleton, TX 77515
Office Number: 979-864-1842
Cell Number: 281-468-4781
 
Posts: 6 | Location: Angleton, TX  | Registered: September 25, 2023Reply With QuoteReport This Post
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