In re B.W.

Summary

The Texas Supreme Court considered whether a thirteen-year-old could be adjudicated delinquent for prostitution under the Penal Code as incorporated into the Family Code. The Court held that children under fourteen cannot legally consent to sex and therefore cannot knowingly agree to engage in sexual conduct for a fee under the prostitution statute. It reversed the court of appeals’ judgment and remanded the case for an appropriate disposition.

Holdings

1. A child under the age of fourteen may not be charged with or adjudicated delinquent for prostitution under Texas Penal Code section 43.02 because the child is legally incapable of consenting to sex and therefore cannot knowingly agree to engage in sexual conduct for a fee.

Questions Presented

1. Whether a child under fourteen may be adjudicated delinquent for prostitution under Texas Penal Code section 43.02 when Texas law makes the child legally incapable of consenting to sex.
2. Whether the Legislature's incorporation of Penal Code offenses into the Family Code permits prosecution of an exploited child under fourteen for prostitution.

Disposition

reversed_and_remanded