Texas Code of Criminal Procedure 42.017 – Finding Regarding Age-Based Offense
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Terms Used In Texas Code of Criminal Procedure 42.017
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
In the trial of an offense under § 21.11 or 22.011, Penal Code, the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment in the case if the judge determines that:
(1) at the time of the offense, the defendant was not more than four years older than the victim or intended victim and the victim or intended victim was at least 15 years of age; and
(2) the conviction is based solely on the ages of the defendant and the victim or intended victim at the time of the offense.