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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.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979,
66th Leg., p. 1111, ch. 527, Sec. 1, eff. Aug. 27, 1979; Acts 1987, 70th Leg., ch. 444,
Sec. 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 830, Sec. 1, eff. Sept. 1, 1989;
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch.
332, Sec. 1, eff. May 24, 2001.
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
(2) a law enforcement agency or a person at the child's home of the presence of the
child within 24 hours after discovering that the child was voluntarily absent from home
without the consent of the child's parent or guardian.
(d) An offense under this section is a Class A misdemeanor.
(e) On the receipt of a report from a peace officer, probation officer, the Texas Youth
Council, a foster home, or a detention facility for children that a child has escaped its
custody or upon receipt of a report from a parent, guardian, conservator, or legal
custodian that a child is missing, a law enforcement agency shall immediately enter a
record of the child into the National Crime Information Center.
Added by Acts 1979, 66th Leg., p. 1155, ch. 558, Sec. 1, eff. Sept. 1, 1979. Amended
by Acts 1983, 68th Leg., p. 4750, ch. 831, p. 4750, Sec. 1, eff. Sept. 1, 1983; Acts
1991, 72nd Leg., ch. 561, Sec. 40, eff. Aug. 26, 1991. Renumbered from Sec. 25.07 by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995,
74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995.
Sec. 25.07. VIOLATION OF PROTECTIVE ORDER OR MAGISTRATE'S ORDER. (a) A person
commits an offense if, in violation of an order issued under Section 6.504 or Chapter
85, Family Code, under Article 17.292, Code of Criminal Procedure, or by another
jurisdiction as provided by Chapter 88, Family Code, the person knowingly or
intentionally:
(1) commits family violence or an act in furtherance of an offense under Section 42.072;
(2) communicates:
(A) directly with a protected individual or a member of the family or household in a
threatening or harassing manner;
(B) a threat through any person to a protected individual or a member of the family or
household; or
(C) in any manner with the protected individual or a member of the family or household
except through the person's attorney or a person appointed by the court, if the order
prohibits any communication with a protected individual or a member of the family or
household;
(3) goes to or near any of the following places as specifically described in the order:
(A) the residence or place of employment or business of a protected individual or a
member of the family or household; or
(B) any child care facility, residence, or school where a child protected by the order
normally resides or attends; or
(4) possesses a firearm.
(b) For the purposes of this section:
(1) "Family violence," "family," "household," and "member of a household" have the
meanings assigned by Chapter 71, Family Code.
(2) "Firearm" has the meaning assigned by Chapter 46.
(c) If conduct constituting an offense under this section also constitutes an offense
under another section of this code, the actor may be prosecuted under either section or
under both sections.
(d) Reconciliatory actions or agreements made by persons affected by an order do not
affect the validity of the order or the duty of a peace officer to enforce this section.
(e) A peace officer investigating conduct that may constitute an offense under this
section for a violation of an order may not arrest a person protected by that order for a
violation of that order.
(f) It is not a defense to prosecution under this section that certain information has
been excluded, as provided by Section 85.007, Family Code, or Article 17.292, Code of
Criminal Procedure, from an order to which this section applies.
(g) An offense under this section is a Class A misdemeanor unless it is shown on the
trial of the offense that the defendant has previously been convicted under this section
two or more times or has violated the protective order by committing an assault or the
offense of stalking, in which event the offense is a third degree felony.
Added by Acts 1983, 68th Leg., p. 4049, ch. 631, Sec. 3, eff. Sept. 1, 1983. Amended
by Acts 1985, 69th Leg., ch. 583, Sec. 3, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch.
170, Sec. 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 677, Sec. 8, eff. Sept. 1,
1987; Acts 1989, 71st Leg., ch. 614, Sec. 23 to 26, eff. Sept. 1, 1989; Acts 1989, 71st
Leg., ch. 739, Sec. 4 to 7, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 366, Sec. 2,
eff. Sept. 1, 1991. Renumbered from V.T.C.A., Penal Code Sec. 25.08 and amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995,
74th Leg., ch. 658, Sec. 2, 3, eff. June 14, 1995; Acts 1995, 74th Leg., ch. 660, Sec. 1,
2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1024, Sec. 23, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 1, Sec. 2, eff. Jan. 28, 1997; Acts 1997, 75th Leg., ch. 1193, Sec.
21, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 15.02(c), eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 23, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 134,
Sec. 1, eff. Sept. 1, 2003.
Sec. 25.071. VIOLATION OF PROTECTIVE ORDER PREVENTING OFFENSE CAUSED BY BIAS
OR PREJUDICE. (a) A person commits an offense if, in violation of an order issued
under Article 6.08, Code of Criminal Procedure, the person knowingly or intentionally:
(1) commits an offense under Title 5 or Section 28.02, 28.03, or 28.08 and commits
the offense because of bias or prejudice as described by Article 42.014, Code of
Criminal Procedure;
(2) communicates:
(A) directly with a protected individual in a threatening or harassing manner;
(B) a threat through any person to a protected individual; or
(C) in any manner with the protected individual, if the order prohibits any
communication with a protected individual; or
(3) goes to or near the residence or place of employment or business of a protected
individual.
(b) If conduct constituting an offense under this section also constitutes an offense
under another section of this code, the actor may be prosecuted under either section or
under both sections.
(c) A peace officer investigating conduct that may constitute an offense under this
section for a violation of an order may not arrest a person protected by that order for a
violation of that order.
(d) An offense under this section is a Class A misdemeanor unless it is shown on the
trial of the offense that the defendant has previously been convicted under this section
two or more times or has violated the protective order by committing an assault, in
which event the offense is a third degree felony.
Added by Acts 2001, 77th Leg., ch. 85, Sec. 3.02, eff. Sept. 1, 2001.
Sec. 25.08. SALE OR PURCHASE OF CHILD. (a) A person commits an offense if he:
(1) possesses a child younger than 18 years of age or has the custody,
conservatorship, or guardianship of a child younger than 18 years of age, whether or not
he has actual possession of the child, and he offers to accept, agrees to accept, or
accepts a thing of value for the delivery of the child to another or for the possession of
the child by another for purposes of adoption; or
(2) offers to give, agrees to give, or gives a thing of value to another for acquiring or
maintaining the possession of a child for the purpose of adoption.
(b) It is an exception to the application of this section that the thing of value is:
(1) a fee or reimbursement paid to a child-placing agency as authorized by law;
(2) a fee paid to an attorney, social worker, mental health professional, or physician for
services rendered in the usual course of legal or medical practice or in providing
adoption counseling;
(3) a reimbursement of legal or medical expenses incurred by a person for the benefit
of the child; or
(4) a necessary pregnancy-related expense paid by a child-placing agency for the
benefit of the child's parent during the pregnancy or after the birth of the child as
permitted by the minimum standards for child-placing agencies and Department of
Protective and Regulatory Services rules.
(c) An offense under this section is a felony of the third degree, except that the offense
is a felony of the second degree if the actor commits the offense with intent to commit
an offense under Section 43.25.
Added by Acts 1977, 65th Leg., p. 81, ch. 38, Sec. 1, eff. March 30, 1977. Amended by
Acts 1981, 67th Leg., p. 2211, ch. 514, Sec. 1, eff. Sept. 1, 1981. Renumbered from
V.T.C.A., Penal Code Sec. 25.06 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(44).
Renumbered from V.T.C.A., Penal Code Sec. 25.11 and amended by Acts 1993, 73rd
Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 2001, 77th Leg., ch. 134,
Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1005, Sec. 3, eff. Sept. 1, 2003.
Sec. 25.09. ADVERTISING FOR PLACEMENT OF CHILD. (a) A person commits an offense
if the person advertises in the public media that the person will place a child for
adoption or will provide or obtain a child for adoption.
(b) This section does not apply to a licensed child-placing agency that is identified in
the advertisement as a licensed child-placing agency.
(c) An offense under this section is a Class A misdemeanor unless the person has been
convicted previously under this section, in which event the offense is a felony of the third
degree.
(d) In this section:
(1) "Child" has the meaning assigned by Section 101.003, Family Code.
(2) "Public media" has the meaning assigned by Section 38.01. The term also includes
communications through the use of the Internet or another public computer network.
Added by Acts 1997, 75th Leg., ch. 561, Sec. 31, eff. Sept. 1, 1997.
Sec. 25.10. INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON. (a) In this
section:
(1) "Possessory right" means the right of a guardian of the person to have physical
possession of a ward and to establish the ward's legal domicile, as provided by Section
767(1), Texas Probate Code.
(2) "Ward" has the meaning assigned by Section 601, Texas Probate Code.
(b) A person commits an offense if the person takes, retains, or conceals a ward when
the person knows that the person's taking, retention, or concealment interferes with a
possessory right with respect to the ward.
(c) An offense under this section is a state jail felony.
(d) This section does not apply to a governmental entity where the taking, retention, or
concealment of the ward was authorized by Subtitle E, Title 5, Family Code, or Chapter
48, Human Resources Code.
Added by Acts 2003, 78th Leg., ch. 549, Sec. 32, eff. Sept. 1, 2003.
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.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979,
66th Leg., p. 1111, ch. 527, Sec. 1, eff. Aug. 27, 1979; Acts 1987, 70th Leg., ch. 444,
Sec. 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 830, Sec. 1, eff. Sept. 1, 1989;
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch.
332, Sec. 1, eff. May 24, 2001.
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
(2) a law enforcement agency or a person at the child's home of the presence of the
child within 24 hours after discovering that the child was voluntarily absent from home
without the consent of the child's parent or guardian.
(d) An offense under this section is a Class A misdemeanor.
(e) On the receipt of a report from a peace officer, probation officer, the Texas Youth
Council, a foster home, or a detention facility for children that a child has escaped its
custody or upon receipt of a report from a parent, guardian, conservator, or legal
custodian that a child is missing, a law enforcement agency shall immediately enter a
record of the child into the National Crime Information Center.
Added by Acts 1979, 66th Leg., p. 1155, ch. 558, Sec. 1, eff. Sept. 1, 1979. Amended
by Acts 1983, 68th Leg., p. 4750, ch. 831, p. 4750, Sec. 1, eff. Sept. 1, 1983; Acts
1991, 72nd Leg., ch. 561, Sec. 40, eff. Aug. 26, 1991. Renumbered from Sec. 25.07 by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995,
74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995.
Sec. 25.07. VIOLATION OF PROTECTIVE ORDER OR MAGISTRATE'S ORDER. (a) A person
commits an offense if, in violation of an order issued under Section 6.504 or Chapter
85, Family Code, under Article 17.292, Code of Criminal Procedure, or by another
jurisdiction as provided by Chapter 88, Family Code, the person knowingly or
intentionally:
(1) commits family violence or an act in furtherance of an offense under Section 42.072;
(2) communicates:
(A) directly with a protected individual or a member of the family or household in a
threatening or harassing manner;
(B) a threat through any person to a protected individual or a member of the family or
household; or
(C) in any manner with the protected individual or a member of the family or household
except through the person's attorney or a person appointed by the court, if the order
prohibits any communication with a protected individual or a member of the family or
household;
(3) goes to or near any of the following places as specifically described in the order:
(A) the residence or place of employment or business of a protected individual or a
member of the family or household; or
(B) any child care facility, residence, or school where a child protected by the order
normally resides or attends; or
(4) possesses a firearm.
(b) For the purposes of this section:
(1) "Family violence," "family," "household," and "member of a household" have the
meanings assigned by Chapter 71, Family Code.
(2) "Firearm" has the meaning assigned by Chapter 46.
(c) If conduct constituting an offense under this section also constitutes an offense
under another section of this code, the actor may be prosecuted under either section or
under both sections.
(d) Reconciliatory actions or agreements made by persons affected by an order do not
affect the validity of the order or the duty of a peace officer to enforce this section.
(e) A peace officer investigating conduct that may constitute an offense under this
section for a violation of an order may not arrest a person protected by that order for a
violation of that order.
(f) It is not a defense to prosecution under this section that certain information has
been excluded, as provided by Section 85.007, Family Code, or Article 17.292, Code of
Criminal Procedure, from an order to which this section applies.
(g) An offense under this section is a Class A misdemeanor unless it is shown on the
trial of the offense that the defendant has previously been convicted under this section
two or more times or has violated the protective order by committing an assault or the
offense of stalking, in which event the offense is a third degree felony.
Added by Acts 1983, 68th Leg., p. 4049, ch. 631, Sec. 3, eff. Sept. 1, 1983. Amended
by Acts 1985, 69th Leg., ch. 583, Sec. 3, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch.
170, Sec. 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 677, Sec. 8, eff. Sept. 1,
1987; Acts 1989, 71st Leg., ch. 614, Sec. 23 to 26, eff. Sept. 1, 1989; Acts 1989, 71st
Leg., ch. 739, Sec. 4 to 7, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 366, Sec. 2,
eff. Sept. 1, 1991. Renumbered from V.T.C.A., Penal Code Sec. 25.08 and amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995,
74th Leg., ch. 658, Sec. 2, 3, eff. June 14, 1995; Acts 1995, 74th Leg., ch. 660, Sec. 1,
2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1024, Sec. 23, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 1, Sec. 2, eff. Jan. 28, 1997; Acts 1997, 75th Leg., ch. 1193, Sec.
21, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 15.02(c), eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 23, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 134,
Sec. 1, eff. Sept. 1, 2003.
Sec. 25.071. VIOLATION OF PROTECTIVE ORDER PREVENTING OFFENSE CAUSED BY BIAS
OR PREJUDICE. (a) A person commits an offense if, in violation of an order issued
under Article 6.08, Code of Criminal Procedure, the person knowingly or intentionally:
(1) commits an offense under Title 5 or Section 28.02, 28.03, or 28.08 and commits
the offense because of bias or prejudice as described by Article 42.014, Code of
Criminal Procedure;
(2) communicates:
(A) directly with a protected individual in a threatening or harassing manner;
(B) a threat through any person to a protected individual; or
(C) in any manner with the protected individual, if the order prohibits any
communication with a protected individual; or
(3) goes to or near the residence or place of employment or business of a protected
individual.
(b) If conduct constituting an offense under this section also constitutes an offense
under another section of this code, the actor may be prosecuted under either section or
under both sections.
(c) A peace officer investigating conduct that may constitute an offense under this
section for a violation of an order may not arrest a person protected by that order for a
violation of that order.
(d) An offense under this section is a Class A misdemeanor unless it is shown on the
trial of the offense that the defendant has previously been convicted under this section
two or more times or has violated the protective order by committing an assault, in
which event the offense is a third degree felony.
Added by Acts 2001, 77th Leg., ch. 85, Sec. 3.02, eff. Sept. 1, 2001.
Sec. 25.08. SALE OR PURCHASE OF CHILD. (a) A person commits an offense if he:
(1) possesses a child younger than 18 years of age or has the custody,
conservatorship, or guardianship of a child younger than 18 years of age, whether or not
he has actual possession of the child, and he offers to accept, agrees to accept, or
accepts a thing of value for the delivery of the child to another or for the possession of
the child by another for purposes of adoption; or
(2) offers to give, agrees to give, or gives a thing of value to another for acquiring or
maintaining the possession of a child for the purpose of adoption.
(b) It is an exception to the application of this section that the thing of value is:
(1) a fee or reimbursement paid to a child-placing agency as authorized by law;
(2) a fee paid to an attorney, social worker, mental health professional, or physician for
services rendered in the usual course of legal or medical practice or in providing
adoption counseling;
(3) a reimbursement of legal or medical expenses incurred by a person for the benefit
of the child; or
(4) a necessary pregnancy-related expense paid by a child-placing agency for the
benefit of the child's parent during the pregnancy or after the birth of the child as
permitted by the minimum standards for child-placing agencies and Department of
Protective and Regulatory Services rules.
(c) An offense under this section is a felony of the third degree, except that the offense
is a felony of the second degree if the actor commits the offense with intent to commit
an offense under Section 43.25.
Added by Acts 1977, 65th Leg., p. 81, ch. 38, Sec. 1, eff. March 30, 1977. Amended by
Acts 1981, 67th Leg., p. 2211, ch. 514, Sec. 1, eff. Sept. 1, 1981. Renumbered from
V.T.C.A., Penal Code Sec. 25.06 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(44).
Renumbered from V.T.C.A., Penal Code Sec. 25.11 and amended by Acts 1993, 73rd
Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 2001, 77th Leg., ch. 134,
Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1005, Sec. 3, eff. Sept. 1, 2003.
Sec. 25.09. ADVERTISING FOR PLACEMENT OF CHILD. (a) A person commits an offense
if the person advertises in the public media that the person will place a child for
adoption or will provide or obtain a child for adoption.
(b) This section does not apply to a licensed child-placing agency that is identified in
the advertisement as a licensed child-placing agency.
(c) An offense under this section is a Class A misdemeanor unless the person has been
convicted previously under this section, in which event the offense is a felony of the third
degree.
(d) In this section:
(1) "Child" has the meaning assigned by Section 101.003, Family Code.
(2) "Public media" has the meaning assigned by Section 38.01. The term also includes
communications through the use of the Internet or another public computer network.
Added by Acts 1997, 75th Leg., ch. 561, Sec. 31, eff. Sept. 1, 1997.
Sec. 25.10. INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON. (a) In this
section:
(1) "Possessory right" means the right of a guardian of the person to have physical
possession of a ward and to establish the ward's legal domicile, as provided by Section
767(1), Texas Probate Code.
(2) "Ward" has the meaning assigned by Section 601, Texas Probate Code.
(b) A person commits an offense if the person takes, retains, or conceals a ward when
the person knows that the person's taking, retention, or concealment interferes with a
possessory right with respect to the ward.
(c) An offense under this section is a state jail felony.
(d) This section does not apply to a governmental entity where the taking, retention, or
concealment of the ward was authorized by Subtitle E, Title 5, Family Code, or Chapter
48, Human Resources Code.
Added by Acts 2003, 78th Leg., ch. 549, Sec. 32, eff. Sept. 1, 2003.