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I keep running into an issue with the way we do our application paragraphs in indecency cases. The court says "Defendant x, on or about X, did then and there, with the intent to arouse or gratify himself, intentionally or knowingly engage in sexual contact..."

I don't believe there is anything wrong with this, but several cases suggest otherwise: Bazanes v. State, 310 sw3d 32, which in turn cites several other cases.

I'm just interested in knowing how other counties charge juries on this issue...
 
Posts: 4 | Location: Waco, Texas, USA | Registered: July 12, 2011Reply With QuoteReport This Post
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TDCAA    TDCAA Community  Hop To Forum Categories  Appellate    Mens rea for Indecency by Contact in the Applicaiton Paragraph

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