Published on Texas District & County Attorneys Association (http://www.tdcaa.com)
Pastrano v. State - 3rd COA

The 2004 version of Penal Code §39.04 (improper sexual activity with person in custody) does not require the State to allege and prove that the victim was either an "adult offender" or a "juvenile offender". §39.04 unambiguously prohibits a peace officer from engaging in sexual contact with any individual in custody, "adult or juvenile, guilty or innocent, and ... the legislature did not intend to excuse such conduct if the individual is thereafter released from custody without being accused of a crime." Pastrano v. State, 03-07-162-CR [1].

Source URL: http://www.tdcaa.com/node/2140

Links:
[1] http://www.3rdcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=16520