CHAPTER 25. OFFENSES AGAINST THE FAMILY
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.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 4.03, eff. September 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)(1),
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.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 4.04, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
673, Sec. 1, eff. September 1, 2009.
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, including a temporary
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.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
272, Sec. 1, eff. September 1, 2007.
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, including a temporary 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, including a temporary 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.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
272, Sec. 2, eff. September 1, 2007.
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,
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 CERTAIN COURT ORDERS OR CONDITIONS OF
BOND IN A FAMILY VIOLENCE CASE. (a) A person commits an offense
if, in violation of a condition of bond set in a family violence
case and related to the safety of the victim or the safety of the
community, an order issued under Article 17.292, Code of Criminal
Procedure, an order issued under Section 6.504, Family Code,
Chapter 83, Family Code, if the temporary ex parte order has been
served on the person, or Chapter 85, Family Code, or an order
issued 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 22.011, 22.021, or 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 violation is of an order
described by this subsection and 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 or condition of bond:
(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 or condition of bond 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 order or condition of bond 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 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.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
66, Sec. 2, eff. May 11, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1113, Sec. 1, eff. January 1, 2008.
Acts 2007, 80th Leg., R.S., Ch.
1113, Sec. 2, eff. January 1, 2008.
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 19.001, eff. September 1, 2009.
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 Sec. 25.06 by Acts 1987,
70th Leg., ch. 167, Sec. 5.01(a)(44). Renumbered from 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.
Sec. 25.11. CONTINUOUS VIOLENCE AGAINST THE FAMILY. (a) A
person commits an offense if, during a period that is 12 months
or less in duration, the person two or more times engages in
conduct that constitutes an offense under Section 22.01(a)(1)
against another person or persons whose relationship to or
association with the defendant is described by Section
71.0021(b), 71.003, or 71.005, Family Code.
(b) If the jury is the trier of fact, members of the jury are
not required to agree unanimously on the specific conduct in
which the defendant engaged that constituted an offense under
Section 22.01(a)(1) against the person or persons described by
Subsection (a) or the exact date when that conduct occurred. The
jury must agree unanimously that the defendant, during a period
that is 12 months or less in duration, two or more times engaged
in conduct that constituted an offense under Section 22.01(a)(1)
against the person or persons described by Subsection (a).
(c) A defendant may not be convicted in the same criminal action
of another offense the victim of which is an alleged victim of
the offense under Subsection (a) and an element of which is any
conduct that is alleged as an element of the offense under
Subsection (a) unless the other offense:
(1) is charged in the alternative;
(2) occurred outside the period in which the offense alleged
under Subsection (a) was committed; or
(3) is considered by the trier of fact to be a lesser included
offense of the offense alleged under Subsection (a).
(d) A defendant may not be charged with more than one count
under Subsection (a) if all of the specific conduct that is
alleged to have been engaged in is alleged to have been committed
against a single victim or members of the same household, as
defined by Section 71.005, Family Code.
(e) An offense under this section is a felony of the third
degree.
Added by Acts 2009, 81st Leg., R.S., Ch.
665, Sec. 1, eff. September 1, 2009.