directly consider a 13-year-old's capacity to knowingly offer or agree to receive a fee from another to engage in sexual conduct, thus committing the offense of prostitution under the Penal Code or the juvenile justice code. SeeIn re B.D.S.D. , 289 S.W.3d 889, 895 (Tex. App.—Houston [14th Dist.] 2009, pet. denied) ("The Austin Court of Appeals in Waggoner interpreted the meaning of ‘causing’ a child ‘by any means’ to commit prostitution under subsection 43.05(a)(2).... The Waggoner court did not address the issue of whether a child could commit an act of prostitution or engage in delinquent conduct by committing the offense of prostitution.").
See Tex. Fam. Code Ann. § 51.03(a)(1); In re B.D.S.D., 289 S.W.3d 889, 893 (Tex. App.—Houston [14th Dist.] 2009, pet. denied). See Tex. Fam. Code Ann. § 51.
Milton concedes that the same court that decided Turley previously held that a sixteen-year-old child can commit the offense of prostitution. See In re B.D.S.D., 289 S.W.3d 889, 891, 894 (Tex. App.—Houston [14th Dist.] 2009, pet. denied) (affirming adjudication that sixteen-year-old "engage[ed] in delinquent conduct by committing the offense of prostitution," observing that "the statutory definition of ‘prostitution’ in section 43.02 [of the Texas Penal Code] is not limited to conduct by adults" and "[u]nder the unambiguous language of [Texas Penal Code] section 43.05, a person under the age of seventeen can commit the offense of prostitution"). The State argues that Turley was incorrectly decided and that the Court of Criminal Appeals will likely reverse it.
Milton concedes that the same court that decided Turley previously held that a sixteen-year-old child can commit the offense of prostitution. See In re B.D.S.D., 289 S.W.3d 889, 891, 894 (Tex. App.-Houston [14th Dist.] 2009, pet. denied) (affirming adjudication that sixteen-year-old "engage[ed] in delinquent conduct by committing the offense of prostitution," observing that "the statutory definition of 'prostitution' in section 43.02 [of the Texas Penal Code] is not limited to conduct by adults" and "[u]nder the unambiguous language of [Texas Penal Code] section 43.05, a person under the age of seventeen can commit the offense of prostitution").
"Disposition is akin to sentencing and is used to honor the non-criminal character of the [juvenile] proceedings." In re B.D.S.D., 289 S.W.3d 889, 893 (Tex. App.—Houston [14th Dist.] 2009, pet. denied) (internal quotations omitted). An order of adjudication or disposition generally does not constitute a criminal conviction.
In In re B.D.S.D., 289 S.W.3d 889 (Tex. App.-Houston [14th Dist.] 2009, pet. ref'd), cert. denied, 131 S.Ct. 1485 (2011), the court of appeals rejected the defendant's due process challenge and concluded the defendant could be adjudicated for engaging in delinquent conduct by committing the offense of prostitution. 289 S.W.3d at 899.
"[A] person commits the offense of aggravated sexual assault if that person intentionally or knowingly engages in one or more acts of sexual conduct with a 'child.'" In re B.D.S.D, 289 S.W.3d 889, 896 (Tex. App.—Houston [14th Dist.] 2009, pet. ref'd) (analyzing § 22.021). Critically, "a child's lack of consent is irrelevant to the determination of whether an accused is guilty," so "[e]ven if a child consents or agrees to the sexual activity in fact, such consent is not given consideration for an offense" because § 22.021 "does not require proof that the victim did not consent."
"Disposition is akin to sentencing and is used to honor the non-criminal character of the [juvenile] proceedings." In re B.D.S.D., 289 S.W.3d 889, 893 (Tex. App.- Houston [14th Dist.] 2009, pet. denied) (quotations omitted).
An order of adjudication or disposition generally does not constitute a criminal conviction. See Tex. Fam. Code Ann. § 51.13(a) ; In re B.D.S.D. , 289 S.W.3d 889, 893 (Tex. App.—Houston [14th Dist.] 2009, pet. denied). Proceedings in juvenile court are quasi-criminal in nature but classified as civil cases.
directly consider a 13-year-old's capacity to knowingly offer or agree to receive a fee from another to engage in sexual conduct, thus committing the offense of prostitution under the Penal Code or the juvenile justice code. See In re B.D.S.D., 289 S.W.3d 889, 895 (Tex. App.—Houston [14th Dist.] 2009, pet. denied) ("The Austin Court of Appeals in Waggoner interpreted the meaning of 'causing' a child 'by any means' to commit prostitution under subsection 43.05(a)(2). . . . The Waggoner court did not address the issue of whether a child could commit an act of prostitution or engage in delinquent conduct by committing the offense of prostitution.").