Johnson v. State

In Johnson v. State, 967 S.W.2d 848 (Tex. Crim. App. 1998), the appellant argued he should not be guilty of indecency with a child unless he knew the victim was under the statutory age. The court rejected his argument, stating it had previously held in cases involving sexual assault of a child that the State is not required to establish the defendant knew his victim was under the statutory age. Id. The court declared this rule to be well established, grounded in case law and legislative tradition, and thus dispositive of the appellant's complaint. Id. at 849-50. Addressing the legislative portion of that rule's history, the court stated: "Had the Legislature intended to make a provision regarding the knowledge of the victim's age it would have expressly included that requirement within [the statutory offense]. Absence of such express language proves otherwise." Id. at 849.