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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

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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.

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