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Obscure Texas Law An Obstacle To Porn Prosecution; Dad Showed Daughters Online Smut

Dallas- from www.cbs11tv.com – Crystal Buckner says her two daughters will never be the same. She says last year, her ex-husband forced her two daughters, who were eight and nine-years-old at the time, to watch pornography on a home computer.

“If they did walk away, he made them come back. If they tried to close their eyes, he made them open their eyes and watch,” she said.

The alleged incident happened in Amarillo. Buckner, who lives in Dallas, called Amarillo Police to file a report. But, the Randall County District Attorney’s office said it could not prosecute the case because of an obscure Texas law.

According to Texas penal code section 43.24 “it is a defense to prosecution if the sale, distribution of exhibition was to a minor, who was accompanied by a consenting parent, guardian or spouse.”

The Randall County DA asked Texas Attorney General Greg Abbott [pictured] for an opinion on the case. On Friday, Abbott said prosecuting the case is within the “prosecutor’s substantial discretion.” In other words, the DA can decide whether to prosecute the case.

“I never thought I would be heard,” Buckner said. “I was very pleased with the opinion he came out with.”

Now, Buckner says she hopes the Randall County DA moves forward with prosecution, and she’s also working to take the law off the books.

“This would help pave the way for other victims to come forward and say, hey, this happened to me, I want this guy prosecuted or I want this person prosecuted,” she said.

In the meantime, Crystal is focused on getting help for her daughters.

“That they learn to be strong, to not let it affect them in a negative way so they can learn from their experience and become a stronger person because of it,” she said.

from www.dallasnews.com – A district attorney in the Texas Panhandle says he is exploring a different theory to try to prosecute a father accused of forcing two young daughters to watch pornography despite a state attorney general’s opinion allowing him to proceed.

Randall County prosecutor James Farren said Monday he doesn’t believe he can get a conviction under Texas law.

The law apparently was meant to protect the privacy of parents who want to teach their children about sex education. It states clearly that parents can’t be prosecuted for showing “harmful material” to their children.

Farren wouldn’t elaborate on his strategy.

The father is accused of showing hardcore online pornography to his 8- and 9-year-old daughters in his Amarillo home last year. The father has not been charged with a crime.

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