Juvenile was adjudicated for FV assault. Juvenile committed a second FV assault and was adjucicated; disposition on the second was handled as a felony with TYC committment.

We are being told that a "conviction" and "adjudication" are different and that this cannot be a felony. Huh???

Lisa L. Peterson
Nolan County Attorney

call if you need to 281-341-8676 suzie johnson.

Section 51.13 of the Family Code states that an order of adjudication for a juvenile is not a conviction, and the assault statute requires a conviction in order to enhance to a felony. It sounds like that juvenile was unlawfully sent to TYC.

Unless this new assault can be charged under one of the new felony assault statutes (25.11 continuous violence or 22.01(b-1)(3) impeding breathing) you've just got another misdemeanor assault.

Facts are: SO has possession of a 9mm handgun. A 17 year old has requested it's return. However, 17 year has a prior adjudication for Assault Family Violence when he was 12.

The question is can we return it to him?

Because 51.13(a) explicitly states an adjudication is not a conviction I know 46.04(b)wouldn't prevent us from returning it.

I've also looked several other statutes.

18 USC 922(g)(9), the Lautenberg Amendment, which prevents possession of a firearm by someone "convicted" of a "misdemeanor crime of family violence." They way they define misdemeanor crime of family violence and the way Texas does is a bit different. However, would 51.13(a) have the same effect on this as 46.04?

The law doesn't define conviction. I believe conviction will be determined by whatever jurisdiction the crime originated out of, but I haven't found any case law to that effect.

The term conviction isn't defined anywhere in the statute, but is referenced in 921(a)(20). However that applies only to (g)(1). 921(a)(33), which defines crime of family violence, but only lays out things that DON'T count as a conviction and has no reference like 921(a)(20) does.

I'm also looking at 46.06(a)(2) (Penal Code) and 18 USC 922(x), both of which prevent transfer to someone under the age of 18, unless they fall under within an exception. 46.06 only has section (c), while the federal law has several.

Any thoughts?