Updated: A MySpace Follow-on Suit

Thanks to Matt in the comments to today’s earlier post for pointing out that the alleged third-party criminal/torfeasor is himself considering a suit against MySpace.  (Note that though the Time story refers to it as a “countersuit,” it appears to in fact by a suit against MySpace; at this point, Solis (who is under criminal charges) is not a civil defendant.) would be better described as a cross-claim.  Solis is indeed a defendant; thanks to KipEsq for correcting me.  That’ll teach me to post while mediating the kids’ argument.

Edit: While I’m somewhat skeptical of the original case (due to some feasibility and causation questions), I’m more puzzled by Solis’s potential claim.  The aserted lie by the original plaintiff was that she was 15 rather than 14 (which follows from the complaint’s acknowledgment that she claimed to be 14 when she registered at age 13). 

At a glance, the Texas penal code defines for purposes of sexual and assault charges that “child” is anyone under 17.  Is there some other legal significance to her potentially being 14 rather than 15?  Perhaps a sentencing enhancement of some sort?  I don’t see one at a pretty brief look, but maybe it’s there…any Texas lawyers want to chime in?