Help My Sister

Texas

My sister who is only 14 yrs old went to live with her boyfriend who is 21. I went to talked with them and she said she would not come back home. I told him that my parents would press charges on him but he said that the law will do nothing except lock him up for 2 days. The thing is if my parents press charges we dont want my sister to go back with him when he gets out Is there a way we can stop that from happening? What will happen if we do press charges?

Yes. Your parents can legally assert their parental rights and the 21 year old has absolutely no legal ground to stand on. Below are some very general steps. Your parents will have to adapt these to your local procedures as the actual forms and procedures vary from county to county. They will need to ask some questions and be assertive.

1. File a Police Report: Go to the police "in person" and file a report against the 21 year old.
2. Order of Requisition: In order for enforcement to pick up the 14 year old and bring her back to your parents custody, the parents must first file a request and receive an "order of requisition" from the court to have the minor returned to their custody or to the custody of juvenile authorities. When a child leaves voluntarily, they are not considered a missing child as long as someone knows their wereabouts.
3. Order of protection Ask the court clerk, police, or an attorney for the papers and prodedure to petition the court for an order of protection for the minor. This is also known as a restraining order.

When an order of protection is granted, no contact can be made legally between them. If contact is made by either person, no matter who initiates it, the 21 year old will be subject to arrest, a court appearence, and jail time.

Any person(s) who aids a minor in such circumstances such as allowing them to live in their home, renting them a room, assisting in transportation, etc. can be held criminally and civilly responsible for contributing to the delinquency of said minor. (TS/TFC Title 2)

The 21 year old may be surprised to learn that he can go to jail for quite awhile on these charges. Especially if he is a repeat offender. He is potentially violating several laws based on your description.

A child younger than age 17:
Is not legally capable of giving consent to sexual contact.
Is not legally capable of living outside a parents control or custody without their consent or a court order.

The 21 year old may be found in violation of the following. (2 are felony offenses).

  • § 25.04. ENTICING A CHILD
  • § 21.11. INDECENCY WITH A CHILD
  • § 25.06. HARBORING RUNAWAY CHILD
§ 25.04. ENTICING A CHILD.

(a) A person commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years, he knowingly entices, persuades, or takes the child from the custody of the parent or guardian or person standing in the stead of the parent or guardian of such child.
(b) An offense under this section is a Class B misdemeanor, unless it is shown on the trial of the offense that the actor intended to commit a felony against the child, in which event an offense under this section is a felony of the third degree.

§ 21.11. INDECENCY WITH A CHILD.

(a) A person commits an offense if, with a child younger than 17 years and not the person's spouse, whether the child is of the same or opposite sex, the person:

(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire of any person:
(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or
(B) causes the child to expose the child's anus or any part of the child's genitals.

(b) It is an affirmative defense to prosecution under this section that the actor:

(1) was not more than three years older than the victim and of the opposite sex;
(2) did not use duress, force, or a threat against the victim at the time of the offense; and
(3) at the time of the offense:
(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this
section.

(c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:

(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or
(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.

(d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.

§ 25.06. HARBORING RUNAWAY CHILD.

(a) A person commits an offense if he knowingly harbors a child and he is criminally negligent about whether the child:

(1) is younger than 18 years; and
(2) has escaped from the custody of a peace officer, a probation officer, the Texas Youth Council, or a detention facility for children, or is voluntarily absent from the child's home without the consent of the child's parent or guardian for a substantial length of time or without the intent to return.

(b) It is a defense to prosecution under this section that the actor was related to the child within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code.
(c) It is a defense to prosecution under this section that the actor notified:

(1) the person or agency from which the child escaped or a law enforcement agency of the presence of the child within 24 hours after discovering that the child had escaped from custody; or
(2) a law enforcement agency or a person at the child's home of the presence of the child within 24 hours after discovering that the child was voluntarily absent from home without the consent of the child's parent or guardian.

(d) An offense under this section is a Class A misdemeanor.
(e) On the receipt of a report from a peace officer, probation officer, the Texas Youth Council, a foster home, or a
detention facility for children that a child has escaped its custody or upon receipt of a report from a parent, guardian, conservator, or legal custodian that a child is missing, a law enforcement agency shall immediately enter a record of the child into the National Crime Information Center.

§ 151.001. RIGHTS AND DUTIES OF PARENT.

(a) A parent of a child has the following rights and duties:

(1) the right to have physical possession, to direct the moral and religious training, and to designate the residence of the child;
(2) the duty of care, control, protection, and reasonable discipline of the child;
(3) the duty to support the child, including providing the child with clothing, food, shelter, medical and dental care, and education;
(4) the duty, except when a guardian of the child's estate has been appointed, to manage the estate of the child,
including the right as an agent of the child to act in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government;
(5) except as provided by Section 264.0111, the right to the services and earnings of the child;
(6) the right to consent to the child's marriage, enlistment in the armed forces of the United States, medical and
dental care, and psychiatric, psychological, and surgical treatment;
(7) the right to represent the child in legal action and to make other decisions of substantial legal significance
concerning the child;
(8) the right to receive and give receipt for payments for the support of the child and to hold or disburse funds for the benefit of the child;
(9) the right to inherit from and through the child;
(10) the right to make decisions concerning the child's education; and
(11) any other right or duty existing between a parent and child by virtue of law.

(b) The duty of a parent to support his or her child exists while the child is an unemancipated minor and continues as long as the child is fully enrolled in a secondary school in a program leading toward a high school diploma and complies with attendance requirements described by Section 154.002(a)(2).
(c) A parent who fails to discharge the duty of support is liable to a person who provides necessaries to those to whom support is owed.
(d) The rights and duties of a parent are subject to:

(1) a court order affecting the rights and duties;
(2) an affidavit of relinquishment of parental rights; and
(3) an affidavit by the parent designating another person or agency to act as managing conservator.

(e) Only the following persons may use corporal punishment for the reasonable discipline of a child:

(1) a parent or grandparent of the child;
(2) a stepparent of the child who has the duty of control and reasonable discipline of the child; and
(3) an individual who is a guardian of the child and who has the duty of control and reasonable discipline of the child.

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