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their self-admitted “murderers.” agree with the State’s argument calling for an
exception to the rule that applies in situations like
The corpus delicti of a particular crime is simply the one presented in this case. Accordingly, we
“the fact that the crime in question has been recognize a narrow exception to the strict
committed by someone.” It does not require proof application of the corpus delicti rule when the
that the specific defendant committed the criminal evidence introduced at trial shows that the
act, just that the crime itself occurred. The corpus confessed conduct was committed against a child
delicti of indecency with a child is the occurrence who was incapable of outcry and constituted a
of a sexual touching of the child with the intent to sexual offense that did not result in perceptible
arouse or gratify the sexual desire of a person. harm. In such a case, if the record reflects that the
confession itself is sufficiently corroborated, then
We recently reaffirmed the general application of reviewing courts will not be required to overturn a
the rule in Texas after considering arguments in conviction that is otherwise based upon legally
favor of alternative corroboration requirements. In sufficient evidence due to a failure to satisfy the
Miller v. State, we highlighted the importance of corpus delicti rule.
the policy behind the corpus delicti rule but also
acknowledged the real possibility that the rule We have long held that “in the establishment of the
could “result in the exclusion of reliable corpus delicti, the confessions are not to be
confessions.” We expressed concern that “when excluded, but are to be taken in connection with the
the case involves ‘the most vulnerable victims, other facts and circumstances in evidence.” For
such as infants, young children, and the mentally example, in Kugadt v. State, we upheld a murder
infirm,’ the corpus delicti rule can be used to block conviction in the face of a challenge to the
convictions for real crimes that resulted in no sufficiency of the corpus delicti. Specifically, we
verifiable injury.” Ultimately, we adopted a used the defendant’s statement to tie together other
“closely related crime” exception to strike a facts and circumstances surrounding the death of
balance between stark public policy concerns and his sister to satisfy the corpus delicti rule. We
the risk of diluting the rule to a nullity. The recognized that the confession, rather than being
“closely related crime” exception applies when a completely ignored, could be used to help analyze
defendant confesses to multiple, closely-related other available evidence—a concept that we have
offenses, but the corpus delicti of only some of the noted well over one hundred years later.
offenses is shown. With our adoption of the
“closely related crime” exception, the corpus delicti But the traditional “Kugadt Rule” is not an end run
rule was reaffirmed, but we also recognized the around the basic requirements of the corpus delicti
Court’s ability to craft an exception to the rule rule. There still must be “proof of the corpus
when public policy considerations outweigh delicti, outside of the confession.” This is
concerns about undermining the efficacy of the rule illustrated by recent elaborations of the corpus
itself. delicti rule that require “evidence independent of a
defendant’s extrajudicial confession show[ing] that
In this case, Appellant argues that his convictions the ‘essential nature’ of the charged crime was
for indecency with a child should be overturned committed by someone.” Although a court can use
because the corpus delicti rule requires some the confession in its analysis, there must be some
evidence of actual sexual touching, rather than evidence outside of the confession that, standing
evidence merely corroborating the Appellant’s alone or in conjunction with the confession,
confessions. While we agree with Appellant that provides proof “that the crime charged has been
our precedent does not allow a confession alone to committed by someone.” Essentially, the Kugadt
be used to establish the corpus delicti, we also Rule simply allows a confession to “render

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