Pastrano v. State - 3rd COA
The 2004 version of Penal Code §39.04 (improper sexual activity with
person in custody) does not require the State to allege and prove that the
victim was either an "adult offender" or a "juvenile offender". §39.04 unambiguously prohibits a peace officer from engaging in sexual
contact with any individual in custody, "adult or juvenile, guilty or
innocent, and ... the legislature did not intend to excuse such conduct
if the individual is thereafter released from custody without being
accused of a crime." Pastrano v. State, 03-07-162-CR.
