Code of Criminal Procedure · §51.095

Admissibility of a Child's Statement

Admissibility of a Child's Statement (§51.095): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Magistrate-administered warnings
  • Outside presence of LE / prosecutor
  • Knowing/intelligent/voluntary waiver
  • Specific procedures for written, recorded, res gestae

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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