QUESTION:
Under the new Title 5 section 21.11 (C)(2) can a person be charged for touching a minor on non sexual parts of their body?
Please note that the new defintion under the chapter 21.01 includes an exception notice of 21.11 as to the definition of sexual contact
Answer
If you read the sections it is obvious under 21.11(c)(2) requires that the person doing the touching use their anus, breast or any part of their genitals. It is not simply that they touched the child anywhere - say on their knee - with intent to arouse their sexual gratification. They must have touched that knee with their anus, breast, or any part of their sexual organ.
What would not count is if say a woman's breast rubs against the arm of child while the woman is leaning over to assist on a homework assignment or something - because that would not be done with intent to arouse sexual gratification.
I don't understand what is the difficulty in understanding the statute.
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