MILTON, CLIFFORD v. the State of Texas
PD-0283-24
| Tex. Crim. App. | Jul 2, 2025Background
- A 15-year-old girl ran away from home and was taken in by Clifford Milton, who compelled her to have sex with adult men for money, which he kept.
- Milton was convicted of trafficking a child by compelling prostitution in Harris County, Texas.
- On appeal, Milton relied on prior case law suggesting children younger than 14 cannot "commit" prostitution due to age-based incapacity to consent, and argued for this logic to extend to minors aged 14-17.
- The First Court of Appeals declined to extend this reasoning to 14–17-year-olds and upheld the conviction.
- On further discretionary review, the Court of Criminal Appeals analyzed whether Texas statutes criminalize the conduct of causing children under 17 to engage in prostitution for prosecution of adults, regardless of the child's legal capacity to consent to sex.
Issues
| Issue | Milton's Argument | State's Argument | Held |
|---|---|---|---|
| Can children aged 14–17 be victims of trafficking/compelled prostitution? | Minors (under 17) cannot legally consent, thus cannot "commit" prostitution; only prosecutable in rare cases (age 17, <3-year difference, or marriage). | Trafficking and compelling prostitution statutes apply to all minors under 18, regardless of consent laws. | Yes; statutes unambiguously allow prosecution where children under 18 are caused to commit prostitution. |
| Does the sexual assault statute's age-of-consent limit who can be a victim of trafficking or compelled prostitution? | Sexual assault consent rules (age 17, 3-year gap, marriage) should restrict when a minor can be a victim in these offenses. | Sexual assault consent statutes are separate; trafficking/compelling statutes don't incorporate them. | No; consent under sexual assault statutes is not relevant to trafficking or compelling prostitution. |
| Does In re B.W. or Turley v. State prevent prosecution for adults compelling minors under 17 into prostitution? | Prior cases suggest children under certain ages can't "commit" prostitution, insulating adults who compel them. | Prior cases are distinguishable, non-binding, or incorrect; statutory text governs. | No; B.W. and Turley do not bar these prosecutions; court disavows Turley’s reasoning as incorrect. |
| Is sufficiency of the evidence met where adult compels minor (<17) into prostitution? | Not met, since minor cannot "commit" prostitution for purpose of adult's prosecution. | Sufficient, since conduct meets statutory definition; statutes allow for such prosecution. | Yes; evidence is sufficient under the statutes to convict. |
Key Cases Cited
- In re B.W., 313 S.W.3d 818 (Tex. 2010) (addressed adjudication of children under 14 for prostitution, but did not limit prosecution of adults for compelling prostitution)
- Turley v. State, 597 S.W.3d 30 (Tex. App.—Houston [14th Dist.] 2020) (incorrectly limited compelled prostitution prosecutions based on minor’s capacity to "commit" prostitution)