loganstone
New Member
QUESTION:
Under the new Title 5 section 21.11 (C)(2) (2001) can a person be charged for touching a minor on non sexual parts of their body?
Please note that the new defintion under the chapter general defintions 21.01 (2005 or 2007) includes an exception notice of 21.11 as to the definition of "sexual contact".
Seems under Plain language construction that the first part of (C) (2) stands alone and literally means touching ANY part of a minors body can be charged as indecency not just ANUS, BREAST, & GENITALS.
How can DA prove sexual intent when person is not touching a sexual body part?
Under the new Title 5 section 21.11 (C)(2) (2001) can a person be charged for touching a minor on non sexual parts of their body?
Please note that the new defintion under the chapter general defintions 21.01 (2005 or 2007) includes an exception notice of 21.11 as to the definition of "sexual contact".
Seems under Plain language construction that the first part of (C) (2) stands alone and literally means touching ANY part of a minors body can be charged as indecency not just ANUS, BREAST, & GENITALS.
How can DA prove sexual intent when person is not touching a sexual body part?