CAUSE NO.  ______________

THE STATE OF TEXAS

V.

DEFENDANT

§	IN THE _______________COURT
§
§	OF
§
§	_______________COUNTY, TEXAS

MOTION FOR AFFIRMATIVE FINDINGS PURSUANT TO ART. 42.017 AND
ART. 42.12 SEC. 5(g) OF THE TEXAS CODE OF CRIMINAL PROCEDURE

	TO THE HONORABLE JUDGE OF SAID COURT:

	Now comes the Defendant in the above entitled and numbered cause, and makes this Motion for Affirmative Findings Pursuant to Art. 42.017 & Art. 42.12 Sec 5(g) of the Texas Code of Criminal Procedure and would show the Court the following:
	I.	Defendant is charged with an offense under 22.021 of the Texas Penal Code, namely _________________, which can carry the requirement of sex offender registration pursuant to Chapter 62 of the Texas Code of Criminal Procedure.
II.	Pursuant to Art. 42.017 and Art. 42.12 Sec 5(g) of the Texas Code of Criminal Procedure, the Court shall make an affirmative finding of fact and enter the affirmative finding in the judgment of the case determining the age of the Defendant and the victim as well as the basis of the conviction if certain factors are present in the underlying case.
	III.	At the time of the offense, the Defendant was younger than 19 years of age.  In fact, Defendant was ___________ years of age.  The victim was at least 13 years of age.
	IV.	The sexual contact between the Defendant and the victim was consensual and the basis of the conviction is the ages of the Defendant and the victim at the time of the offense.

	WHEREFORE, PREMISES CONSIDERED, the Defendant prays that this Court grant Defendant's Motion for Affirmative Findings Pursuant to Art. 42.017 & Art. 42.12 Sec 5(g) of the Texas Code of Criminal Procedure.

Respectfully submitted,

By:  ___________________________________________
	
CERTIFICATE OF SERVICE

	I hereby certify that a true copy of the above and foregoing Motion for Affirmative Findings Pursuant to Art. 42.017 & Art. 42.12 Sec 5(g) of the Texas Code of Criminal Procedure was mailed or hand delivered to the CrimDA/CtyAtty of _____________ County, Texas on the _____ day of ________, 200__..

___________________________________________

CAUSE NO. 

THE STATE OF TEXAS

V.

DEFENDANT

§	IN THE ______________COURT
§
§	OF
§
§	_____________COUNTY, TEXAS

O R D E R

	On this day, came on to be heard the Defendant's Motion for Affirmative Findings Pursuant to Art. 42.017 & Art. 42.12 Sec 5(g) of the Texas Code of Criminal Procedure and it is in all things (GRANTED) (DENIED), to which action of the Court Defendant duly excepts).

	SIGNED                                                              . 200__.

							JUDGE PRESIDING