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RE: Infamous Gun Advocate Cody Wilson Accused of Sexually Assaulting a Minor After Meeting on A Fetish Dating Site

in #news6 years ago

Assuming the "Victim" misrepresented her age, it is not clear to me whether or not Cody would be guilty of Sexual Assault in Texas. Basically, the question is do you have to be aware that a partner is under 17 to be guilty?

The law reads (§ 22.011 of the Texas Penal Code):

(a) A person commits an offense if the person: (2) intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means;

So does "intentionally or knowingly" apply to just the act of penetration or also to the status of the recipient as a child? It's absurd that such an important distinction is not better clarified in the code. I wonder if the rule of lenity would cause a jury to lean towards the interpretation that Cody is only guilty if he were aware that the "Victim" was 16 years old.

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