Code of Criminal Procedure · §51.095

Statements

Statements is covered under §51.095 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Juvenile (under 17 at time of conduct); Warnings administered by a magistrate; Knowing/intelligent/voluntary waiver; Specific procedures for written, recorded, and res gestae statements.

Elements you must prove

  • Juvenile (under 17 at time of conduct)
  • Warnings administered by a magistrate
  • Knowing/intelligent/voluntary waiver
  • Specific procedures for written, recorded, and res gestae statements

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Worked examples

Worked example 1

Under Texas law, when a juvenile (under 17) is taken into custody, statements are governed by which framework?

  1. Same as adults under Art. 38.22
  2. Family Code §51.095, which sets specific procedures: warnings administered by a magistrate (for written statements), or by a magistrate for recorded statements before custodial questioning, with knowing/intelligent/voluntary waiver Correct
  3. No statements admissible
  4. Only oral statements admissible
Why: Juvenile statements are governed by §51.095, which requires magistrate-administered warnings prior to certain forms of statement. Failure to follow §51.095 generally renders the juvenile's statement inadmissible.
Statute: Tex. Family Code §51.095