Tx Code of Criminal Procedure Art 12 Limitation on Indecency With Child by Contact
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Statute of Limitations for Child Corruption in Texas Hello My fiance has a niece that is at present turning 18 it has come up out that when she was 5 or half dozen her babysitter fondled her. She didn't know it was wrong and then never said anything then just kept it to her self subsequently she found out it was wrong. My question is is there a statue of limitations for this in Texas and what would this person be charged with. This has deeply troubled my fiance and I want to assist. Please whatever info would exist greatly appreciated.
I cheers all for your time.Harold P.
- Re: Statute of Limitations for Child Abuse in Texas
Depending on the charge pursued, charges may still be possible:
Quoting Texas Code of Criminal Procedure Art. 12.01. FELONIES.
Except as provided in Article 12.03, felony indictments may be presented within these limits, and non subsequently:
(1) no limitation:
(A) murder and manslaughter;
(B) sexual assault, if during the investigation of the offense biological matter is nerveless and subjected to forensic Deoxyribonucleic acid testing and the testing results testify that the matter does not lucifer the victim or any other person whose identity is readily ascertained; or
(C) an law-breaking involving leaving the scene of an accident under Section 550.021, Transportation Lawmaking, if the accident resulted in the death of a person;
(2) 10 years from the appointment of the committee of the criminal offense:
(A) theft of any estate, real, personal or mixed, by an executor, administrator, guardian or trustee, with intent to defraud whatsoever creditor, heir, legatee, ward, distributee, beneficiary or settlor of a trust interested in such manor;
(B) theft by a public servant of government property over which he exercises command in his official capacity;
(C) forgery or the uttering, using or passing of forged instruments;
(D) injury to a child, elderly individual, or disabled individual punishable as a felony of the first degree nether Department 22.04, Penal Lawmaking;
(E) sexual assail, except as provided by Subdivision (ane) or (5); or
(F) arson;
(3) 7 years from the date of the commission of the offense:
(A) misapplication of fiduciary property or property of a financial institution;
(B) securing execution of document past deception; or(C) a violation under Sections 162.403(22)-(39), Tax Code;
(4) five years from the date of the commission of the law-breaking:
(A) theft, burglary, robbery;
(B) kidnapping;
(C) injury to a kid, elderly private, or disabled private that is not punishable every bit a felony of the first caste under Section 22.04, Penal Code;
(D) abandoning or endangering a child; or
(Eastward) insurance fraud;
(5) ten years from the 18th birthday of the victim of the offense:
(A) indecency with a child under Section 21.11(a)(1) or (2), Penal Code; or
(B) except as provided past Subdivision (1), sexual assault under Department 22.011(a)(2), Penal Code, or aggravated sexual assault under Section 22.021(a)(one)(B), Penal Code; or (vi) three years from the date of the committee of the offense: all other felonies.
- Re: Statute of Limitations for Kid Abuse in Texas
I don't understand what the lawmaking means. I am facing a similar situation. If the kid was around vii at the time and they are 19 now, is it still possible to pursue charges? That is over ten years from the law-breaking.
- Re: Statute of Limitations for Child Abuse in Texas
Depending on the Verbal description of what happened, the ten year inaugural to limits on filing of criminal charges doesn't start running until the victim hits xviii.
Keep in listen a few things about criminal charges; particularly that the exact crime that would be charged is going to be based on the laws that were in effect at that time, not the laws that are on the books today (don't bulldoze yourself crazy trying to figure it out unless y'all happen to accept a law library in your back pocket - just brand your written report to constabulary and let the pros do the work). And, filing of such charges doesn't ofttimes happen based on victim statements solitary - and of course most offenders play stupid like they have no thought what investigators are talking about - so generally, law look for something "confessional", whether that be statements by the perp (either made now or documented back then), or cooborating victims, etc. Other things like if the victim e'er told anyone about it when they were a child can be helpful too - merely it's important for victims to be aware that cases based on an accusation alone without another class of support rarely make it to arrest, much less to trial.
On the civil instance side of things, Texas has pretty liberal minority tolling and delayed discovery - up to a 5 yr limit that starts counting from either the time the victim turns xviii, or, until the plaintiff (the victim) discovers that the activity was some proximate cause of injury - even emotional injury.
So both criminal charges AND suing the private are both possible - criminal charges for up until the victim hits 28, and civil up to historic period 23 or reasonable discovery.
Source: https://www.expertlaw.com/forums/showthread.php?t=29418
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