Barry Louis Pizzo, Appellant v. the State of Texas

Summary

The Court reversed and remanded, holding that a jury instruction that charged touching the breasts or genitals in the disjunctive violated the unanimity requirement because each act constitutes a separate offense under the indecency with a child statute. The Court reasoned that the statute is conduct‑oriented and enumerates three distinct prohibited acts, each requiring a unanimous finding. The decision remands for a harm analysis. Justice Price, in a concurring opinion, agreed with the result but expressed uncertainty about whether the statutory definition creates three separate offenses versus one offense with alternative means.