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Old 01-11-2011, 05:04 PM   #16
ShysterJon
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Quote:
Originally Posted by O'Mike View Post
Upon conviction of which crimes does a person get labeled a "sex offender" and placed in the data base available for everyone to see? I assume most of that stuff is relating to the original subject, minors. What non-violent crimes constitute being placed on that list?
TEXAS CODE OF CRIMINAL PROCEDURE
SECTION 62.001. DEFINITIONS

(5) "Reportable conviction or adjudication" means a conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication, that, regardless of the pendency of an appeal, is a conviction for or an adjudication for or based on:
(A) a violation of Section 21.02 (Continuous sexual abuse of young child or children), 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct), Penal Code;
(B) a violation of Section 43.05 (Compelling prostitution), 43.25 (Sexual performance by a child), or 43.26 (Possession or promotion of child pornography), Penal Code;
(C) a violation of Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the actor committed the offense or engaged in the conduct with intent to violate or abuse the victim sexually;
(D) a violation of Section 30.02 (Burglary), Penal Code, if the offense or conduct is punishable under Subsection (d) of that section and the actor committed the offense or engaged in the conduct with intent to commit a felony listed in Paragraph (A) or (C);
(E) a violation of Section 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), Penal Code, if, as applicable:
(i) the judgment in the case contains an affirmative finding under Article 42.015; or
(ii) the order in the hearing or the papers in the case contain an affirmative finding that the victim or intended victim was younger than 17 years of age;
(F) the second violation of Section 21.08 (Indecent exposure), Penal Code, but not if the second violation results in a deferred adjudication;
(G) an attempt, conspiracy, or solicitation, as defined by Chapter 15, Penal Code, to commit an offense or engage in conduct listed in Paragraph (A), (B), (C), (D), or (E);
(H) a violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of an offense listed under Paragraph (A), (B), (C), (D), (E), (G), or (J), but not if the violation results in a deferred adjudication;
(I) the second violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of the offense of indecent exposure, but not if the second violation results in a deferred adjudication; or
(J) a violation of Section 33.021 (Online solicitation of a minor), Penal Code.

See Texas Code of Criminal Procedure § 62.001.
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Old 01-12-2011, 11:21 AM   #17
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Ok, so in plain English it means this right?

Only if convicted or adjudicated of a crime where: Minor involved-sex related, violence involved-sex related, child porn, trying to talk into or pay someone for any of the before mentioned offenses, and indecent exposure if it's the second offense?

So you will not get labeled a sex offender if you get caught (first time) with you SO skinny dipping at the beach, getting a BJ in a titty bar, or a happy finish at an AMP???
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Old 01-12-2011, 11:59 AM   #18
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Quote:
Originally Posted by O'Mike View Post
Ok, so in plain English it means this right?

Only if convicted or adjudicated of a crime where: Minor involved-sex related, violence involved-sex related, child porn, trying to talk into or pay someone for any of the before mentioned offenses, and indecent exposure if it's the second offense?

So you will not get labeled a sex offender if you get caught (first time) with you SO skinny dipping at the beach, getting a BJ in a titty bar, or a happy finish at an AMP???
No, the statute includes defendants who received a deferred adjudication probation as well:

Quote:
"Reportable conviction or adjudication" means a conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication....
But you're correct - a person charged with first-offense indecent exposure or prostitution would not be required to register as a sex offender upon disposition of the case.
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Old 01-12-2011, 01:20 PM   #19
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Thanks, I appreciate the clarification and knowledgeable postings. Useful information is sometimes hare to decipher.
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Old 01-19-2011, 10:22 AM   #20
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I was under the impression that the age of consent in Texas is 17. Does compelling prostitution change this?

http://en.wikipedia.org/wiki/Ages_of..._North_America

Wikipedia has been known to be wrong but this is something I've heard for years.
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Old 01-19-2011, 11:22 AM   #21
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Originally Posted by Pabloben View Post
I was under the impression that the age of consent in Texas is 17. Does compelling prostitution change this?
Please don't compare apples with oranges. One law states that in Texas a person must be at least 17 years of age to consent to sex (although there are exceptions). Another law states that facilitating PAID sex with a person 17 years of age or younger is a felony. A third law states that having PAID sex with a person 17 years of age or younger is a felony. The three laws are reconcilable.
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Old 01-19-2011, 11:42 AM   #22
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SJ may come along and correct me and I'd defer to his opinion, but it's my understanding that age of consent has to do with the crime of statutory rape. So basically, in Texas, if she's 17, you can't be charged with statutory rape; if she's 16 you can. Regardless, if your conduct fits within the statutes cited by SJ, you can be charged with violating those laws. Different statutes, different age thresholds.
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Old 01-19-2011, 02:59 PM   #23
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Originally Posted by Shackleton View Post
So basically, in Texas, if she's 17, you can't be charged with statutory rape; if she's 16 you can.
The short version is: In Texas, a person commits the offense of indecency with a child or sexual assault of a child if they engage in sexual conduct with a child younger than 17 years of age.
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Old 01-21-2011, 01:05 AM   #24
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Quote:
Originally Posted by Shackleton View Post
SJ may come along and correct me and I'd defer to his opinion, but it's my understanding that age of consent has to do with the crime of statutory rape. So basically, in Texas, if she's 17, you can't be charged with statutory rape; if she's 16 you can. Regardless, if your conduct fits within the statutes cited by SJ, you can be charged with violating those laws. Different statutes, different age thresholds.

At the age of 17, you are considered an adult in Texas and this is the legal age of consent, except Medical consent which is 18.. meaning upon reaching your 17th birthday, you will be charged as an adult. However if you are injured and need medical attention, they have to have consent of parent or legal guardian.

I cases of statutory rape, the age of 17 is it, and there is a defense to prosecution if the age difference is two years or less.

IMHO, if it looks young RUN!!! the two most over rated products on the planet are Mack Trucks and Teenage Pussy !!!!
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Old 01-21-2011, 09:21 AM   #25
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At the age of 17, you are considered an adult in Texas...meaning upon reaching your 17th birthday, you will be charged as an adult.
Yes, but persons younger than 17 years of age may be certified as an adult and be tried a such. If the offense is very serious or if the child has been in the criminal justice system multiple times before and he or she is over 14 years old, the prosecution may determine they should be treated as an adult. If this is the case, the court will hold a certification hearing.

Quote:
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I cases of statutory rape, the age of 17 is it, and there is a defense to prosecution if the age difference is two years or less.
No, the defense is available to an actor who was not more than three years older than the victim at the time of the offense, as long as the victim was a child of 14 years of age or older. See:

Texas Penal Code § 22.011(e)(2).
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Old 08-27-2011, 12:51 PM   #26
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Recently walked away from session (truthorhair) because s/he could not or would not provide proof of age. Its not hard to card. They can cover their name/address with a finger for privacy. Seems the earlier in childhood first sexual experience makes them 'appear' mature sooner. Some 17 and 16 year old girls who have been having sex for 5 years and they know what they are doing and they appear appear appear to be of age. Don't let one of them kids cause you to go off to jail.

Its not too hard to card.
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Old 08-10-2012, 09:41 AM   #27
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Dare I say it, this is probably one of the more compelling reasons to stick with slightly more mature women. I can't speak for everyone obviously and I know some guys are just dying to push the bar as close to 18 as possible. At least when you stick with women you know are a little bit older you don't run the risk of being lied to about the age and possibly being held liable. If you are going to go for an 18 year old, you better ask for a few forms of ID and look for the hologram on the state ID/other tell tale signs it isn't a fake.

I don't personally think that any convicted hobbyist/provider should ever be added to the national sex offender database, that is for people who actually do things that harm society at large. How messed up, maybe it is time we started picketing in Austin.

Just my two pesos
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Old 08-01-2013, 06:24 AM   #28
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I worked for a spa owner that used to troll the streets looking for young girls to work for him. I later found out that some of them were under 17years old and I could have gotten in trouble. He would bring the girls in and tell the other ladies to show the girl around and train them. The ladies could have gotten busted for training that minor.

This is one reason why I would be scared to work in a spa again.
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Old 09-01-2016, 04:21 PM   #29
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Good info.
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Old 09-01-2016, 10:27 PM   #30
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Quote:
Originally Posted by Shackleton View Post
Thanks for the post SJ. I'm curious about a couple of things.

Is a hobbyists guilty of compelling prostitution simply because he offers money for sex? You list a couple of examples and mention how the courts interpret in broadly, but not sure about the run of the mill guy responding to a BP ad?

Any idea how often hobbyists are arrested, charged, or convicted of violating either of the two statutes cited? I'm kinda curious how these cases would ever come about. I mean, it's not like the police are running stings with actual minors. So, where do the cases come from?
Keep in mind that a hobbyist should never offer money for sex. Pay to hang out, and if nothing happens, don't visit her again. If anyone puts money and sex into the same conversation, the other party should run.
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