Filing a juvi. case for Ag.Sex Assault and was wondering about the difference b/t (a)(1)(B) - (ii) and (v). I know that (ii) requires actual penetration of the mouth by the actor, and (v) only requires contact with the mouth by a person including the actor.

My question is why would you file it under (ii)? It would seem obvious that if (ii) fits, then (v) would as well (not necessarily the other way around). Aren't you makeing it harder on yourself by going the(ii) route when the (v) avenue would work? Contact seems easier to prove and it doesn't epelevate it.

I believe (v) was originally designed to apply when the mouth of the child comes into contact with the sexual organ of a female, but with the way it is written, it could be used in your case as well.

File it both ways. They are both alternative means of committing a single offense of aggravated sexual assault. Then, in the court's charge, you charge the alternative means in the disjunctive. The jury can convict if they believe that either one occurred.

See Croft v. State, 148 S.W.3d 533 (Tex.App.--Houston [14th Dist.] 2004)