In re B.W.

The issue in this case is whether the Legislature, by its wholesale incorporation of Penal Code offenses into the juvenile justice provisions of the Family Code, intended to permit prosecution of a 13-year-old child for prostitution, considering its specific pronouncement that a child under 14 is legally incapable of consenting to sex with an adult. The court concluded that transforming a child victim of adult sexual exploitation into a juvenile offender was not the Legislature's intent and reversed the court of appeals' judgment. Texas Supreme Court, No. 08-1044, 06-22-2010

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

JUSTICE O’NEILL delivered the opinion of the Court, in which CHIEF JUSTICE JEFFERSON, JUSTICE HECHT, JUSTICE MEDINA, JUSTICE GREEN, and JUSTICE GUZMAN joined.

JUSTICE WAINWRIGHT filed a dissenting opinion, in which JUSTICE JOHNSON and JUSTICE WILLETT joined.

In this case we must decide whether the Legislature, by its wholesale incorporation of Penal Code offenses into the juvenile justice provisions of the Family Code, intended to permit prosecution of a thirteen-year-old child for prostitution considering its specific pronouncement that a child under fourteen is legally incapable of consenting to sex with an adult. We conclude that transforming a child victim of adult sexual exploitation into a juvenile offender was not the Legislature’s intent, and reverse the court of appeals’ judgment.

More From ALM

Discover how a 130-year-old law firm overcame rising storage costs and chaotic workflows. Strong & Hanni centralized their data, eliminated costly surcharges, and streamlined operations with a modern document management system. If your firm struggles with scattered files, non-billable time, or growing storage fees, this case study reveals a better way to manage it all. Download now to see how they achieved cost savings, enhanced efficiency, and peace of mind.

Strong & Hanni Solves Storage Woes--Learn How You Can, Too

Brought to you by Filevine
Download Now

Is your team ready to assist clients with the upcoming Beneficial Ownership Information (BOI) filing requirement? This comprehensive toolkit examines how outsourcing can help simplify the process, reduce compliance risks for your clients, manage multiple entities at a time, and meet ongoing requirements. Learn how to streamline this critical compliance requirement, and help your clients meet the upcoming federal deadline.

The Benefits of Outsourcing Beneficial Ownership Information Filing

Brought to you by Wolters Kluwer
Download Now

Discover how law firms are navigating the evolving commercial real estate landscape across major U.S. markets. This comprehensive report provides critical insights into leasing trends, office space requirements, and market dynamics, empowering decision-makers to make informed choices.

Law Firm Office Space Perspective: Major U.S. Markets

Brought to you by JLL
Download Now

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

General Counsel Conference Midwest: SuperConference 2025

April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies

Learn More

Southeastern Legal Awards 2025

May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.

Learn More

British Legal Awards 2024

November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.

Learn More