What is the burden of proof in a transfer hearing in regards to the age of the child at the time of the commission of the offense? The statute does not speak to that issue. We have an interesting case where the respondent would have been 15 for less than a month at the time the offense was committed. The outcry is over 5 years old and the victim has understandable issues in determining exactly when it occurred. So, the issue of how old the kid was is extremely important (it's an indecency by contact case). can't find any caselaw. Defense says it's beyond a reasonable doubt. The rest of the statute has much lower burdens. Help. Need by tomorrow.

Can't find anything on point.
Still looking but one part of me says why would it be different than all other issues; other part says because its jurisdictional. But really all the issues in a cert are jurisdictional

P.B.C. 538 sw2d 448

Your issue is not proof of age but specificity of time related to the occurance of the offense so then would not your burden be the one associated with proof of the offense ?

If not then look at:
In re C., 605 S.W.2d 955
In re A.A., 929 S.W.2d 649
Miguel v. State, 500 S.W.2d 680

If your Judge likes the TJPC book (aka Dawson's) and you have a copy, look at pg 37 of the 7th addition. No case law but some authority.

[This message was edited by Stacey L. Brownlee on 05-21-09 at .]