I work in the Crimes against Children Unit of our office. We have a case where we are seeking life imprisonment of the Defendant under the automatic life provision of CCP Section 12.42. We may have to rely upon convictions for violation of the following Texas penal code section(s).

1982 Sexual Abuse of a Child

1965 Sex Offense against a Child - Fondling

Does anyone have a Texas Penal Code of the proper age? If so, what were the elements of the offense? Can we get a copy of the page(s) in the code which applies?

Also, does anyone have any suggestions for finding the answer to similar questions regarding crimes of a similar age and nature out of Illinois?

1969 Indecent Liberty with a Child

1965 Indecent Liberty with a Child

I appreciate any help that can be offered . Thanks.

I would suggest trying to get copies of the charging instruments in the prior cases, otherwise you may still not know exactly what elements were proved.

Try contacting the State Law Library in Austin. They've always been very help to me when trying to locate copies of old statutes (or session laws).

Texas State Law Library
205 West 14th Street
Austin, Texas 78701-1614
(512) 463-1722 (voice)
(512) 463-1728 (fax)

Are you going to need certified copies of the judgements to prove up the criminal history anyway? Also, did they do fingerprints at that time? Do you have an identification problem with those judgments? As a part of that document search getting the charging instrument as Martin suggests seems the most accurate and definitive way to know exactly what the conviction meant.

Found an old 1982 Penal Code.

Sexual Abuse of a Child, sec. 21.10, Penal Code:
"(a) A person commits an offense if, with intent to arouse or gratify the sexual desire of any person, he engages in deviate sexual intercourse with a child, not his spouse, whether the child is of the same or opposite sex, and the child is younger than 17 years.
(b) It is a defense to prosecution under this section that the child was of the opposite sex, was at the time of the alleged offense 14 years or older, and had, prior to the alleged offense, engaged promiscuously in sexual intercourse or deviate sexual intercourse.
(c) It is an affirmative defense to prosecution under this section that the actor was of the opposite sex and was not more than two years older than the victim.
(d) An offense under this section is a felony of the second degree."

If you need a copy of the book or need to borrow it, just email me at swainj@sbcglobal.net.

I have a set of Vernon's Annotated Penal Code published in 1952. The pocket part was issued in 1973.

Handling or fondling child's sexual parts was Art. 535d. Here is the session law cite for Art. 535d: Acts 1950, 51st Leg., 1st C.S., p. 50, ch. 9. The pocket part contains one amendment, which was a 1955 increase in the penalty.

If you would like me to fax you the pages, let me know and give me a number. BK

P.S. I couldn't find "Indecent Liberty w/a Child."