Schlittler v. Texas (original by judge alcala)
Annotate this CaseAppellant David Schlittler challenged the statute under which he was convicted, arguing the statute was unconstitutional as applied to him. The statute defined the offense of Improper Contact with a Victim under Texas Penal Code Section 38.111, which prohibited a person confined in a correctional facility after being convicted of certain sex offenses from contacting the minor victim of the offense or a minor member of the victim’s family. Appellant was convicted under that statute for contacting his biological son while imprisoned for the aggravated sexual assault of his former stepdaughter, who was also his son’s half-sister. Appellant argued that, because it prohibited contact between him and his biological son, the statute, as applied, infringed upon his fundamental liberty interest in the care, custody, and management of his son, in violation of his rights to due process and equal protection under the Fourteenth Amendment to the federal Constitution. After review of the specific facts of this case, including a permanent injunction issued as a result of a civil-court order, the Court of Criminal Appeals disagreed with appellant's arguments and affirmed his conviction.
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