Trying to find charges for starvation of two victims - they are too old for Injury to a Child. Don't have enough for Attempted Murder because fortunately they were found in a malnourished state, but no SBI or organ failure yet. Have already charged multiple defendants with Aggravated Asault for physically torturing these children, but the parents are primarily responsible for starvation. Any advice on the starvation charge? Seems like a black hole for victims who are this age.

Last time I looked 15 & 16 year olds are children. Plus if this has been going on for over a year or so, then obviously they would be younger at the time. Why do you say they are too old to be considered children?

Defines child in Injury to Child cases as person 14 or under.

Sorry Jennifer, only thing I can think of is can you use locks, chains, shed etc. as use of a deadly weapon? Or is this just pure neglect?

Whoops.

Thanks Clay, unfortunately no locks or chains, no DW in facts. Good to hear from you.

How old are the children and how long did the starvation last? Were the parents NOT parties to the aggravated assaults?

It is a SJ felony to torture an animal. What you describe sounds like torture but perhaps it is a stretch to say that the definition of "animal" includes a human being. If not perhaps it is time to give children the same protection we give cats and dogs?

What's wrong with 25.05? Support doesn't have to be financial contribution from one parent to another. Shelter and food are also the responsibility of the parent. "The term support is evidentiary and not essential for notice to the accused." Lyons v. State 835 SW2d 715 (Tex.App. -- Texarkana 1992).

I know it's just a state jail felony, but I think we're in the proper category here.

I don't understand how a 15 and 16 year old get starved. Most kids that age are more than able to get their hands on some french fries or a Snickers bar (or weed, or Xanax, or any other drugs). Any chance they are anorexic? On drugs? Or is there some other abuse or other weirdness going on? Unless they're kept at home locked up, I don't understand how you starve a kid that age. I'm really interested, not just being a smartass.

It might fit the 3rd degree unlawful restraint by reckless exposure to rick of SBI. The parents had to do something to keep the kids from eating which probably involves confinement. Growing kids will lick paint and eat the sheetrock to try to get calcium in their bodies. It will depend on your facts, but take a look at PC 20.02.