PENAL CODE
TITLE 6. OFFENSES AGAINST THE FAMILY
CHAPTER 25. OFFENSES AGAINST THE FAMILY
Sec. 25.01. BIGAMY. (a) An individual commits an offense if:
(1) he is legally married and he:
(A) purports to marry or does marry a person other than his spouse in this state, or any
other state or foreign country, under circumstances that would, but for the actor's prior
marriage, constitute a marriage; or
(B) lives with a person other than his spouse in this state under the appearance of being
married; or
(2) he knows that a married person other than his spouse is married and he:
(A) purports to marry or does marry that person in this state, or any other state or foreign
country, under circumstances that would, but for the person's prior marriage, constitute a
marriage; or
(B) lives with that person in this state under the appearance of being married.
(b) For purposes of this section, "under the appearance of being married" means holding out
that the parties are married with cohabitation and an intent to be married by either party.
(c) It is a defense to prosecution under Subsection (a)(1) that the actor reasonably believed
at the time of the commission of the offense that the actor and the person whom the actor
married or purported to marry or with whom the actor lived under the appearance of
being married were legally eligible to be married because the actor's prior marriage was
void or had been dissolved by death, divorce, or annulment. For purposes of this
subsection, an actor's belief is reasonable if the belief is substantiated by a certified copy of a
death certificate or other signed document issued by a court.
(d) For the purposes of this section, the lawful wife or husband of the actor may testify both
for or against the actor concerning proof of the original marriage.
(e) An offense under this section is a felony of the third degree, except that if at the time of
the commission of the offense, the person whom the actor marries or purports to marry or
with whom the actor lives under the appearance of being married is:
(1) 16 years of age or older, the offense is a felony of the second degree; or
(2) younger than 16 years of age, the offense is a felony of the first degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2005, 79th Leg., ch. 268, Sec. 4.03,
eff. Sept. 1, 2005.
Sec. 25.02. PROHIBITED SEXUAL CONDUCT. (a) A person commits an offense if the person
engages in sexual intercourse or deviate sexual intercourse with another person the actor
knows to be, without regard to legitimacy:
(1) the actor's ancestor or descendant by blood or adoption;
(2) the actor's current or former stepchild or stepparent;
(3) the actor's parent's brother or sister of the whole or half blood;
(4) the actor's brother or sister of the whole or half blood or by adoption;
(5) the children of the actor's brother or sister of the whole or half blood or by adoption; or
(6) the son or daughter of the actor's aunt or uncle of the whole or half blood or by adoption.
(b) For purposes of this section:
(1) "Deviate sexual intercourse" means any contact between the genitals of one person and
the mouth or anus of another person with intent to arouse or gratify the sexual desire of
any person.
(2) "Sexual intercourse" means any penetration of the female sex organ by the male sex
organ.
(c) An offense under this section is a felony of the third degree, unless the offense is
committed under Subsection (a)(6), in which event the offense is a felony of the second
degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2005, 79th Leg., ch. 268, Sec. 4.04,
eff. Sept. 1, 2005.
Sec. 25.03. INTERFERENCE WITH CHILD CUSTODY. (a) A person commits an offense if
the person takes or retains a child younger than 18 years when the person:
(1) knows that the person's taking or retention violates the express terms of a judgment or
order of a court disposing of the child's custody; or
(2) has not been awarded custody of the child by a court of competent jurisdiction, knows
that a suit for divorce or a civil suit or application for habeas corpus to dispose of the child's
custody has been filed, and takes the child out of the geographic area of the counties
composing the judicial district if the court is a district court or the county if the court is a
statutory county court, without the permission of the court and with the intent to deprive
the court of authority over the child.
(b) A noncustodial parent commits an offense if, with the intent to interfere with the
lawful custody of a child younger than 18 years, the noncustodial parent knowingly
entices or persuades the child to leave the custody of the custodial parent, guardian, or
person standing in the stead of the custodial parent or guardian of the child.
(c) It is a defense to prosecution under Subsection (a)(2) that the actor returned the child
to the geographic area of the counties composing the judicial district if the court is a district
court or the county if the court is a statutory county court, within three days after the
date of the commission of the offense.
(d) An offense under this section is a state jail felony.
Sec. 25.031. AGREEMENT TO ABDUCT FROM CUSTODY. (a) A person commits an offense
if the person agrees, for remuneration or the promise of remuneration, to abduct a child
younger than 18 years of age by force, threat of force, misrepresentation, stealth, or
unlawful entry, knowing that the child is under the care and control of a person having
custody or physical possession of the child under a court order or under the care and control
of another person who is exercising care and control with the consent of a person having
custody or physical possession under a court order.
(b) An offense under this section is a state jail felony.
Added by Acts 1987, 70th Leg., ch. 444, Sec. 3, eff. Sept. 1, 1987. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 25.04. ENTICING A CHILD. (a) A person commits an offense if, with the intent to
interfere with the lawful custody of a child younger than 18 years, he knowingly entices,
persuades, or takes the child from the custody of the parent or guardian or person standing
in the stead of the parent or guardian of such child.
(b) An offense under this section is a Class B misdemeanor, unless it is shown on the trial of
the offense that the actor intended to commit a felony against the child, in which event an
offense under this section is a felony of the third degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 685, Sec. 7, eff.
Sept. 1, 1999.
Sec. 25.05. CRIMINAL NONSUPPORT. (a) An individual commits an offense if the
individual intentionally or knowingly fails to provide support for the individual's child
younger than 18 years of age, or for the individual's child who is the subject of a court
order requiring the individual to support the child.
(b) For purposes of this section, "child" includes a child born out of wedlock whose paternity
has either been acknowledged by the actor or has been established in a civil suit under the
Family Code or the law of another state.
(c) Under this section, a conviction may be had on the uncorroborated testimony of a
party to the offense.
(d) It is an affirmative defense to prosecution under this section that the actor could not
provide support for the actor's child.
(e) The pendency of a prosecution under this section does not affect the power of a court to
enter an order for child support under the Family Code.
(f) An offense under this section is a state jail felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1987,
70th Leg., 2nd C.S., ch. 73, Sec. 13, eff. Nov. 1, 1987; Acts 1993, 73rd Leg., ch. 900, Sec.
1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 375, Sec. 1, eff. May 25, 2001.
Sec. 25.06. HARBORING RUNAWAY CHILD. (a) A person commits an offense if he
knowingly harbors a child and he is criminally negligent about whether the child:
(1) is younger than 18 years; and
(2) has escaped from the custody of a peace officer, a probation officer, the Texas Youth
Council, or a detention facility for children, or is voluntarily absent from the child's home
without the consent of the child's parent or guardian for a substantial length of time or
without the intent to return.
(b) It is a defense to prosecution under this section that the actor was related to the child
within the second degree by consanguinity or affinity, as determined under Chapter 573,
Government Code.
(c) It is a defense to prosecution under this section that the actor notified:
(1) the person or agency from which the child escaped or a law enforcement agency of the
presence of the child within 24 hours after discovering that the child had escaped from
custody; or
TITLE 6. OFFENSES AGAINST THE FAMILY
CHAPTER 25. OFFENSES AGAINST THE FAMILY
Sec. 25.01. BIGAMY. (a) An individual commits an offense if:
(1) he is legally married and he:
(A) purports to marry or does marry a person other than his spouse in this state, or any
other state or foreign country, under circumstances that would, but for the actor's prior
marriage, constitute a marriage; or
(B) lives with a person other than his spouse in this state under the appearance of being
married; or
(2) he knows that a married person other than his spouse is married and he:
(A) purports to marry or does marry that person in this state, or any other state or foreign
country, under circumstances that would, but for the person's prior marriage, constitute a
marriage; or
(B) lives with that person in this state under the appearance of being married.
(b) For purposes of this section, "under the appearance of being married" means holding out
that the parties are married with cohabitation and an intent to be married by either party.
(c) It is a defense to prosecution under Subsection (a)(1) that the actor reasonably believed
at the time of the commission of the offense that the actor and the person whom the actor
married or purported to marry or with whom the actor lived under the appearance of
being married were legally eligible to be married because the actor's prior marriage was
void or had been dissolved by death, divorce, or annulment. For purposes of this
subsection, an actor's belief is reasonable if the belief is substantiated by a certified copy of a
death certificate or other signed document issued by a court.
(d) For the purposes of this section, the lawful wife or husband of the actor may testify both
for or against the actor concerning proof of the original marriage.
(e) An offense under this section is a felony of the third degree, except that if at the time of
the commission of the offense, the person whom the actor marries or purports to marry or
with whom the actor lives under the appearance of being married is:
(1) 16 years of age or older, the offense is a felony of the second degree; or
(2) younger than 16 years of age, the offense is a felony of the first degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2005, 79th Leg., ch. 268, Sec. 4.03,
eff. Sept. 1, 2005.
Sec. 25.02. PROHIBITED SEXUAL CONDUCT. (a) A person commits an offense if the person
engages in sexual intercourse or deviate sexual intercourse with another person the actor
knows to be, without regard to legitimacy:
(1) the actor's ancestor or descendant by blood or adoption;
(2) the actor's current or former stepchild or stepparent;
(3) the actor's parent's brother or sister of the whole or half blood;
(4) the actor's brother or sister of the whole or half blood or by adoption;
(5) the children of the actor's brother or sister of the whole or half blood or by adoption; or
(6) the son or daughter of the actor's aunt or uncle of the whole or half blood or by adoption.
(b) For purposes of this section:
(1) "Deviate sexual intercourse" means any contact between the genitals of one person and
the mouth or anus of another person with intent to arouse or gratify the sexual desire of
any person.
(2) "Sexual intercourse" means any penetration of the female sex organ by the male sex
organ.
(c) An offense under this section is a felony of the third degree, unless the offense is
committed under Subsection (a)(6), in which event the offense is a felony of the second
degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2005, 79th Leg., ch. 268, Sec. 4.04,
eff. Sept. 1, 2005.
Sec. 25.03. INTERFERENCE WITH CHILD CUSTODY. (a) A person commits an offense if
the person takes or retains a child younger than 18 years when the person:
(1) knows that the person's taking or retention violates the express terms of a judgment or
order of a court disposing of the child's custody; or
(2) has not been awarded custody of the child by a court of competent jurisdiction, knows
that a suit for divorce or a civil suit or application for habeas corpus to dispose of the child's
custody has been filed, and takes the child out of the geographic area of the counties
composing the judicial district if the court is a district court or the county if the court is a
statutory county court, without the permission of the court and with the intent to deprive
the court of authority over the child.
(b) A noncustodial parent commits an offense if, with the intent to interfere with the
lawful custody of a child younger than 18 years, the noncustodial parent knowingly
entices or persuades the child to leave the custody of the custodial parent, guardian, or
person standing in the stead of the custodial parent or guardian of the child.
(c) It is a defense to prosecution under Subsection (a)(2) that the actor returned the child
to the geographic area of the counties composing the judicial district if the court is a district
court or the county if the court is a statutory county court, within three days after the
date of the commission of the offense.
(d) An offense under this section is a state jail felony.
Sec. 25.031. AGREEMENT TO ABDUCT FROM CUSTODY. (a) A person commits an offense
if the person agrees, for remuneration or the promise of remuneration, to abduct a child
younger than 18 years of age by force, threat of force, misrepresentation, stealth, or
unlawful entry, knowing that the child is under the care and control of a person having
custody or physical possession of the child under a court order or under the care and control
of another person who is exercising care and control with the consent of a person having
custody or physical possession under a court order.
(b) An offense under this section is a state jail felony.
Added by Acts 1987, 70th Leg., ch. 444, Sec. 3, eff. Sept. 1, 1987. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 25.04. ENTICING A CHILD. (a) A person commits an offense if, with the intent to
interfere with the lawful custody of a child younger than 18 years, he knowingly entices,
persuades, or takes the child from the custody of the parent or guardian or person standing
in the stead of the parent or guardian of such child.
(b) An offense under this section is a Class B misdemeanor, unless it is shown on the trial of
the offense that the actor intended to commit a felony against the child, in which event an
offense under this section is a felony of the third degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 685, Sec. 7, eff.
Sept. 1, 1999.
Sec. 25.05. CRIMINAL NONSUPPORT. (a) An individual commits an offense if the
individual intentionally or knowingly fails to provide support for the individual's child
younger than 18 years of age, or for the individual's child who is the subject of a court
order requiring the individual to support the child.
(b) For purposes of this section, "child" includes a child born out of wedlock whose paternity
has either been acknowledged by the actor or has been established in a civil suit under the
Family Code or the law of another state.
(c) Under this section, a conviction may be had on the uncorroborated testimony of a
party to the offense.
(d) It is an affirmative defense to prosecution under this section that the actor could not
provide support for the actor's child.
(e) The pendency of a prosecution under this section does not affect the power of a court to
enter an order for child support under the Family Code.
(f) An offense under this section is a state jail felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1987,
70th Leg., 2nd C.S., ch. 73, Sec. 13, eff. Nov. 1, 1987; Acts 1993, 73rd Leg., ch. 900, Sec.
1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 375, Sec. 1, eff. May 25, 2001.
Sec. 25.06. HARBORING RUNAWAY CHILD. (a) A person commits an offense if he
knowingly harbors a child and he is criminally negligent about whether the child:
(1) is younger than 18 years; and
(2) has escaped from the custody of a peace officer, a probation officer, the Texas Youth
Council, or a detention facility for children, or is voluntarily absent from the child's home
without the consent of the child's parent or guardian for a substantial length of time or
without the intent to return.
(b) It is a defense to prosecution under this section that the actor was related to the child
within the second degree by consanguinity or affinity, as determined under Chapter 573,
Government Code.
(c) It is a defense to prosecution under this section that the actor notified:
(1) the person or agency from which the child escaped or a law enforcement agency of the
presence of the child within 24 hours after discovering that the child had escaped from
custody; or
| . |
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