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Showing a child pornography = "Family Violence"???

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November 30, 2011, 17:22
Jones CA
Showing a child pornography = "Family Violence"???
I have a case where one adult showed an 11 yr old pictures of children nude and also downloaded pornographic videos on the 11 yr old's phone. I'm working on the Protective Order and so I'm not asking about what to charge the guy with. There was no contact - at least none we can prove - and my question is can I make this "Family Violence" to get the mother a protective order? Fam. Code 71.004 does list "abuse" as defined in 261.001 of the Penal Code as "family violence" but I can't see these facts meeting those elements b/c there was no contact. Is is a crime to sit your child in front of the tv and show them porn videos? Sick, I know, but how can I help this mother? I really need to but I'm running out of answers. Thanks.
December 01, 2011, 09:07
troy w
penal code 43.24 prohibits display of harmful material to a minor. unsure if this will help you obtain a protective order. is there a condition on his bond that prohibits contact with the victim?
December 01, 2011, 10:51
John Greenwood
I think "Abuse" is certainly arguable as it includes "sexual conduct harmful to a child's mental, emotional . . . welfare" and does not require "contact." Even though not listed, an offense under 43.24 would amount to abuse under 261.001(1)(e).