Ex parte Warren – Case Brief Summary (Texas)

In Ex parte Warren, 353 S.W.3d 490 (Tex. Crim. App. 2011), the court of criminal appeals concluded the Illinois offense of contributing to the sexual delinquency of a minor was substantially similar to indecency with a child under Texas Penal Code section 21.11. 353 S.W.3d at 496-97.

The Illinois statute applied conduct including "any lewd fondling or touching of either the child or the person done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the person or both" where the child was under 18 years old. Id.

The elements compared between the California statute and the Texas statute "display a high degree of likeness," even though some are "less than identical." Ex parte Warren, 353 S.W.3d at 497.

Both offenses involve sexual acts directed towards children, criminalize similar sexual conduct with a child, and contain nearly identical mental states. Id.

While the elements of both statutes are not identical in all respects, "they are similar enough to indicate a high degree of likeness" and satisfy the first part of the test. See id.