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17 runaway
- Thread starter Lostkidd
- Start date
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CdwJava
Senior Member
I believe Texas is one of those states where they cannot forcibly drag you home at 17. However, they likely CAN charge the adult you live with for contributing to your delinquency or some similar offense. Your bailing out against your parents' wishes could result in other people going to jail - you sure you want to do that?Lostkidd said:
- Carl
Happy Trails
Senior Member
Here are a couple of TX statutes that refer to what Carl has told you. Also there may be others that would apply, but due to your limited post I didn't want to post all of them (as some may not have applied).
§ 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.
§ 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.
§ 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.
§ 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.
I am not the person who wants to runaway, its my gf. She is only 15 but we are tring to find a way to get her to come live with my family. Her dad is an Ahole who abbandoned her and her mom is dead. She recently lived with her Aunt and Uncle until they got into arguements and sent her to live with her GP (thats not parenting if you ask me). She is now 4 hours away, I am going into the AirForce of a Junior college for 2 years and then into a bigger one. We are planning on gettin married, we have been toghther for awhile. Is there something that I can do to get her to live with me and my family?
CdwJava
Senior Member
Unless she becomes emancipated (chances are between slim and none) then her coming to stay with you against the will of her parents/guardians will only get all of you in big trouble.
If she is being neglected or abused, someone needs to notify the authorities. However, this will NOT result in her coming to stay with you. I cannot foresee ANY circumstance where a court will grant a boyfriend's family custody.
She has to wait a while. Preferably til she's 18.
- Carl
If she is being neglected or abused, someone needs to notify the authorities. However, this will NOT result in her coming to stay with you. I cannot foresee ANY circumstance where a court will grant a boyfriend's family custody.
She has to wait a while. Preferably til she's 18.
- Carl
CdwJava
Senior Member
Each and every time you took her in, you COULD be prosecuted. And, if there were allegations of sexual activity you could become a registered sex offender ta boot.Lostkidd said:
Double jeopardy simply deals with being prosecuted twice for the same incident under the same set of circumstances. It's not a license to commit the offense again and again. If that were the case, a rapist could repeatedly rape a victim after they were found not guilty the first time!
And if there is abuse going on at home then she needs to contact someone. If you take her in, you AND your parents (or any adults at the home) are looking at potential criminal charges.
- Carl