Is Texas Penal Code §§ 21.11(a)(1) and 22.011(a)(2) unconstitutional under the Fifth Amendment right to Due Process?

QUESTIONS PRESENTED Thomas Joseph Eppelsheimer ("Eppelsheimer"), Petitioner, was a club promotor at DarkSide in Dallas, Texas. DarkSide was a dance club that required patrons to be 17 years of age or older. Eppelsheimer met B.L. and H.S. at DarkSide. Both girls told Eppels: heimer they were 17. DarkSide required its patrons to verify their age by presenting valid photo identification. Eppelsheimer truly believed B.L. and H.S. were 17 years of age. One weekend, Eppelsheimer had consentual sexual intercourse with B.L. and H.S. Ep. . pelsheimer later discovered that B.L. and H.S. were under the age of 17 and had used fake identification to enter DarkSide. This case therefore presents the following questions: 1. Is Texas Penal Code §§ 21.11(a)(1), Indecency with a Child, and 22.011(a)(2), Sexual Assault of a Child, two statutory rape offenses that criminalize sexual contact and sexual intercourse based solely on the age of the participants, unconstitu: tional under the United States Constitution's Fifth Amendment right to Due Process of Law considering the statutes omit a consciousness of wrongdoing? 2. Was Eppelsheimer's trial attorney ineffective under this Court's holding in Strickland v. Washington, 466 U.S. 668 (1984) ; for advising Eppelsheimer to plead guilty to thrée counts of Sex. ual Assault of a Child and one count of Indecency with a Child . even though he did not know the children were under the age of consent? EPPELSHEIMER V. DAVIS i