Arthur Garcia Sanchez, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals and held that Texas Penal Code § 39.03(a)(3) is not unconstitutionally vague or overbroad; the term “unwelcome” modifies the entire list of prohibited conduct and the statute requires only that the actor intend the sexual conduct and know it is unwelcome. The decision is accompanied by three concurring opinions that agree with the result but differ on the required mental state for “unwelcome.”