I have a case involving a young man who was arrested for Indecency with a child. The alledged offense occurred when he (defendant) was 15 1/2 years old. When the child made the outcry, the defendant was 18 years old. The defendant was questioned by the police (when he was 18) and he gave a confession (although mostly self serving). The confession was taken in accordance with a statement of an adult accused and not in accordance with 51.09 of the JJC.

Do you have case saying that was OK? The defense is asserting that because the offense occurred when the defendant was a child, the statement should have been taken under 51.09 JJC even though he was questioned when he was an adult (18 years). Let me know if you have anything.

Thanks

Michael Young

Its so rare that I can actually post a helpful response that I feel obligated to do so when I can.

Section 51.095 of the Texas Family Code controls when statements must be taken in accordance with Juvenile law. Essentially it states that it must be in accordance with Section 51.095 of the Texas Family Code (including magistrate's warnings and parental notifications) when:

1. The juvenile is under 17 years of age; or
2. The juvenile is over the age of 17 but under the age of 18 and the act that the person is being questioned about was committed before the person's 17th birthday.

In your case, because the defendant is over 18 years of age, Article 38.22 is going to control. This is evidenced by the fact that Section 51.02(2) of the Texas Family Code expressly excludes a person who is 18 years old or older from being included in the definition of a child under any circumstances.

For a more helpful overview look at p. 281 of Simpson's Texas Juvenile Law (5th Ed.).

Hope this helps.

Robert DuBoise
Assistant DA
Parker County
rduboise@sbcglobal.net

Also might want to take a look at Ramos V. State, 961 sw2d 637 out of the SA court. It should help you if its still good law.