Depending on how it is charged, (first degree felony or not), it is 10 years or 5 years statute of limitations.
Art. 12.01. FELONIES. Except as provided in Article 12.03, felony indictments may be presented within these limits, and not afterward: (2) ten years from the date of the commission of the offense: (D) injury to a child, elderly individual, or disabled individual punishable as a felony of the first degree under Section 22.04, Penal Code; or (4) five years from the date of the commission of the offense: (C) injury to a child, elderly individual, or disabled individual that is not punishable as a felony of the first degree under Section 22.04, Penal Code; http://law.onecle.com/texas/criminal-procedure/12.01.00.html Looking at the punishments, though, I cannot see that this would be in the first degree felony penalty range. Sec. 12.32. FIRST DEGREE FELONY PUNISHMENT. 5-99 years plus < $10,000 fine Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT. 2-20 years plus < $10,000 fine Sec. 12.34. THIRD DEGREE FELONY PUNISHMENT. 2-10 years plus < $10,000 fine http://www.statutes.legis.state.tx.us/docs/PE/htm/PE.12.htm So, I think you may be right. He is probably free of legal prosecution (unless this tape can help prove allegations of CONTINUED or LATER abuse). Darn. On Thu, Nov 3, 2011 at 7:12 PM, Jerry Milo Johnson <[email protected]> wrote: > i read that in this case, abuse of a child, the statute of limitations is > extended to 10 years. > > So I think he is still in significant legal jeopardy. > > (assuming the next judge, or the DA, does not agree with him that this is > no big thing) > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Order the Adobe Coldfusion Anthology now! http://www.amazon.com/Adobe-Coldfusion-Anthology/dp/1430272155/?tag=houseoffusion Archive: http://www.houseoffusion.com/groups/cf-community/message.cfm/messageid:343898 Subscription: http://www.houseoffusion.com/groups/cf-community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/groups/cf-community/unsubscribe.cfm
