John T. Floyd Law Firm
Houston Criminal Lawyer
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Trials, Sentencings and Appeals
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PENAL CODE CHAPTER 25.
TITLE 6. OFFENSES AGAINST THE FAMILY
OFFENSES AGAINST THE FAMILY
§ 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 that his marriage was void or had
been dissolved by death, divorce, or annulment.
(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 Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 25.02. PROHIBITED SEXUAL CONDUCT. (a) An individual
commits an offense if he engages in sexual intercourse or deviate
sexual intercourse with a person he knows to be, without regard to
legitimacy:
(1) his ancestor or descendant by blood or adoption;
(2) his stepchild or stepparent, while the marriage
creating that relationship exists;
(3) his parent's brother or sister of the whole or half
blood;
(4) his brother or sister of the whole or half blood or
by adoption; or
(5) the children of his brother or sister 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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 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, § 1, eff. Jan. 1, 1974.
Amended by Acts 1979, 66th Leg., p. 1111, ch. 527, § 1, eff. Aug.
27, 1979; Acts 1987, 70th Leg., ch. 444, § 1, eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 830, § 1, eff. Sept. 1, 1989; Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2001,
77th Leg., ch. 332, § 1, eff. May 24, 2001.
§ 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, § 3, eff. Sept. 1, 1987.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 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, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 1999, 76th Leg., ch. 685, § 7, eff. Sept. 1, 1999.
§ 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, § 1, eff. Jan. 1, 1974.
Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 73, § 13, eff.
Nov. 1, 1987; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept.
1, 1994; Acts 2001, 77th Leg., ch. 375, § 1, eff. May 25, 2001.
§ 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, § 1, eff. Sept.
1, 1979. Amended by Acts 1983, 68th Leg., p. 4750, ch. 831, p. 4750,
§ 1, eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 561, § 40,
eff. Aug. 26, 1991. Renumbered from § 25.07 by Acts 1993, 73rd
Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 1995,
74th Leg., ch. 76, § 5.95(27), eff. Sept. 1, 1995.
§ 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, § 3, eff. Sept.
1, 1983. Amended by Acts 1985, 69th Leg., ch. 583, § 3, eff.
Sept. 1, 1985; Acts 1987, 70th Leg., ch. 170, § 1, eff. Sept. 1,
1987; Acts 1987, 70th Leg., ch. 677, § 8, eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 614, § 23 to 26, eff. Sept. 1, 1989;
Acts 1989, 71st Leg., ch. 739, § 4 to 7, eff. Sept. 1, 1989; Acts
1991, 72nd Leg., ch. 366, § 2, eff. Sept. 1, 1991. Renumbered
from § 25.08 and amended by Acts 1993, 73rd Leg., ch. 900, §
1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 658,
§ 2, 3, eff. June 14, 1995; Acts 1995, 74th Leg., ch. 660, §
1, 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1024, § 23,
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1, § 2, eff. Jan.
28, 1997; Acts 1997, 75th Leg., ch. 1193, § 21, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 62, § 15.02(c), eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 23, § 1, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 134, § 1, eff. Sept. 1, 2003.
§ 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, § 3.02, eff. Sept. 1,
2001.
§ 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, § 1, eff. March 30,
1977. Amended by Acts 1981, 67th Leg., p. 2211, ch. 514, § 1,
eff. Sept. 1, 1981. Renumbered from § 25.06 by Acts 1987, 70th
Leg., ch. 167, § 5.01(a)(44). Renumbered from § 25.11 and
amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994. Amended by Acts 2001, 77th Leg., ch. 134, § 1, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 1005, § 3, eff. Sept. 1, 2003.
§ 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, § 31, eff. Sept. 1, 1997.
§ 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, § 32, eff. Sept. 1, 2003.
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