17 year old Defendant walks into victim's home uninvited. He stands in the Kitchen and begins to masturbate. Victim (adult) sees him and hollers. Defendant flees the home. No relationship between victim or any member of the household and defendant. Act seems random. We have info that this defendant has done the same thing at other locations but do not have a good ID yet. Defendant may have also done this with a child at HighSchool but student/child victim is reluctant to come forward.
What offense do we have in the first case. Unfortunatley, all I see is Criminal Trespass of a Habitation and Public Lewdness/Indecent Exposure. I would really like to make a felony but don't see enough for Burglary of a Habitation. Am I missing something?
Do any children live in the home of the adult victim? If so, I would file as Burg/Hab with intent to commit other felony, i.e., indecency w/child (exposure). It's a felony third. If children don't live there but are regularly present (visiting adult relative, daycare, tutoring by adult victim) maybe you can make the argument in good faith, but might be a stretch.
Posts: 956 | Location: Cherokee County, Rusk, Tx | Registered: July 11, 2001
You don't give many facts about your victim; sex, proximity to the D, if D said anything. Could it be burglary with intent to commit sex asault? We know it is not if you are in Waco (except for Judge Gray)
Posts: 723 | Location: Fort Worth, TX, USA | Registered: July 30, 2002
Victim and defendant were male. Exchange of words was limited to something like " What the........ " by the victim and defendant fled. No children in the house.
