We have an investigation involving sexual abuse where the suspect was either 16 or 17 at the time it occurred. We cannot narrow our time frame down any more than this. He is over the age of 18 now.

My reading of 54.02 is that we must prove that he was under 17 in order to certify. We can't do this.

But if we charge him as an adult then they can just file a plea to the jurisdiction and I cannot prove he was 17.

Is there no exception to get around this issue?