IANAL, but Texas Article 45.0218 would likely offer some protection to the kiddo since it’s a Class C Misdemeanor. The short of it is that being held or detained doesn’t mean that the individual was “prescribed jail time.”
However, since the Texas Observer is shamelessly plugging away and, as a result, search engines may recognize the child’s name, then the article (and similar “news” reports) will likely have more disastrous impacts than the actual event since the print industry is declining/desperate and the internet never forgets.
Not a lawyer either, but although I agree with that interpretation, I’m not sure where Class C Misdemeanor comes from.
The article states that:
Cameron County prosecutors pushed for Class C felony charges of “terroristic threat” and argued for two more weeks of detention. Instead, Judge Adela Kowalski-Garza ordered a safety risk evaluation and conditional release home until his hearing November 8.
I used your link to search for “terroristic threat,” and found this statute:
There is no mention of a Class C Misdemeanor in that statute; so I’m not sure what the Texas Observer is talking about.
Again, not a lawyer, but by my reading of 22.07, it seems like this ridiculous charge would be a Class A Misdemeanor under:
Subsection (a)(2):
(a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:
…
(2) place any person in fear of imminent serious bodily injury;
…
TBH, I’m not sure if either of us (The Texas Observer and myself) know what we’re talking about. IIRC, Texas classifies felony charges as 1st, 2nd, or 3rd degree offenses and Misdemeanors as Class A, B, or C by their severity.
The fact that they would consider it a “Felony”, or anything other than frivolous, is disheartening though I appreciate your efforts to research and correct any potential misinformation that I may have spouted. (Good catch, btw)
IANAL, but Texas Article 45.0218 would likely offer some protection to the kiddo since it’s a Class C Misdemeanor. The short of it is that being held or detained doesn’t mean that the individual was “prescribed jail time.”
However, since the Texas Observer is shamelessly plugging away and, as a result, search engines may recognize the child’s name, then the article (and similar “news” reports) will likely have more disastrous impacts than the actual event since the print industry is declining/desperate and the internet never forgets.
Not a lawyer either, but although I agree with that interpretation, I’m not sure where Class C Misdemeanor comes from.
The article states that:
I used your link to search for “terroristic threat,” and found this statute:
Penal Code Section 22.07 - Terroristic Threat
There is no mention of a Class C Misdemeanor in that statute; so I’m not sure what the Texas Observer is talking about.
Again, not a lawyer, but by my reading of 22.07, it seems like this ridiculous charge would be a Class A Misdemeanor under:
Subsection (a)(2):
With the penalty described in subsection ©(2):
Class A misdemeanors carry both a fine up to $4000 and jail time up to 1 year.
Texas Penal Code Section 12.21 - Class a Misdemeanor
TBH, I’m not sure if either of us (The Texas Observer and myself) know what we’re talking about. IIRC, Texas classifies felony charges as 1st, 2nd, or 3rd degree offenses and Misdemeanors as Class A, B, or C by their severity.
The fact that they would consider it a “Felony”, or anything other than frivolous, is disheartening though I appreciate your efforts to research and correct any potential misinformation that I may have spouted. (Good catch, btw)
SMDH, Texas 🤷