CHAPTER 25. OFFENSES AGAINST THE FAMILY - Texas Statutes

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.