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66 Cards in this Set

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Class A Misdemeanor
An individual adjudged guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one year; or
(3) both such fine and confinement.
Class B Misdemeanor
An individual adjudged guilty of a Class B misdemeanor shall be punished by:
(1) a fine not to exceed $2,000;
(2) confinement in jail for a term not to exceed 180 days; or
(3) both such fine and confinement.
Class C Misdemeanor.
An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to
exceed $500
Capital Felony
(a) An individual adjudged guilty of a capital felony in a case in which the state seeks the death
penalty shall be punished by imprisonment in the institutional division for life without parole or
by death. An individual adjudged guilty of a capital felony in a case in which the state does not
seek the death penalty shall be punished by imprisonment in the institutional division for life
without parole.
(b) In a capital felony trial in which the state seeks the death penalty, prospective jurors shall be
informed that a sentence of life imprisonment without parole or death is mandatory on conviction
of a capital felony. In a capital felony trial in which the state does not seek the death penalty,
prospective jurors shall be informed that the state is not seeking the death penalty and that a
sentence of life imprisonment without parole is mandatory on conviction of the capital felony.
First Degree Felony Punishment
An individual adjudged guilty of a felony of the first degree shall be punished by
imprisonment in the institutional division for life or for any term of not more than 99 years or
less than 5 years
Second Degree Felony Punishment
(a) An individual adjudged guilty of a felony of the second degree shall be punished by
imprisonment in the institutional division for any term of not more than 20 years or less than 2
years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree
may be punished by a fine not to exceed $10,000
Third Degree Felony Punishment
(a) An individual adjudged guilty of a felony of the third degree shall be punished by
imprisonment in the institutional division for any term of not more than 10 years or less than 2
years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree
may be punished by a fine not to exceed $10,000.
State Jail Felony Punishment
(a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall
be punished by confinement in a state jail for any term of not more than two years or less than
180 days.
(b) In addition to confinement, an individual adjudged guilty of a state jail felony may be
punished by a fine not to exceed $10,000
(c) An individual adjudged guilty of a state jail felony shall be punished for a third degree felony
if it is shown on the trial of the offense that:
(1) a deadly weapon as defined by Section 1.07 was used or exhibited during the
commission of the offense or during immediate flight following the commission of the
offense, and that the individual used or exhibited the deadly weapon or was a party to the
offense and knew that a deadly weapon would be used or exhibited; or
(2) the individual has previously been finally convicted of any felony:
(A) under Section 21.02 or listed in Section 3g(a)(1), Article 42.12, Code of
Criminal Procedure; or
(B) for which the jud
Threats as Justifiable Force
The threat of force is justified when the use of force is justified by this chapter. For purposes of
this section, a threat to cause death or serious bodily injury by the production of a weapon or
otherwise, as long as the actors purpose is limited to creating an apprehension that he will use
deadly force if necessary, does not constitute the use of deadly force.
Reckless Injury of Innocent Third Person
Even though an actor is justified under this chapter in threatening or using force or deadly force
against another, if in doing so he also recklessly injures or kills an innocent third person, the
justification afforded by this chapter is unavailable in a prosecution for the reckless injury or
killing of the innocent third person
Criminal Attempt
(a) A person commits an offense if, with specific intent to commit an offense, he does an act
amounting to more than mere preparation that tends but fails to effect the commission of the
offense intended.
(b) If a person attempts an offense that may be aggravated, his conduct constitutes an attempt to
commit the aggravated offense if an element that aggravates the offense accompanies the
attempt.
(c) It is no defense to prosecution for criminal attempt that the offense attempted was actually
committed.
(d) An offense under this section is one category lower than the offense attempted, and if the
offense attempted is a state jail felony, the offense is a Class A misdemeanor.
Unlawful Use of Criminal Instrument
(a) A per on commits an offense if:
(1) he possesses a criminal instrument with intent to use it in the commission of an
offense; or
(2) with knowledge of its character and with intent to use or aid or permit another to use
in the commission of an offense, he manufactures, adapts, sells, installs, or sets up a
criminal instrument.
(b) For the purpose of this section, "criminal instrument" means anything, the possession,
manufacture, or sale of which is not otherwise an offense that is specially designed, made, or
adapted for use in the commission of an offense.
(c) An offense under Subsection (a)(1) is one category lower than the offense intended. An
offense under Subsection (a)(2) is a state jail felony.
Sec. 19.02. Murder.
(a) In this section:
(1) "Adequate cause" means cause that would commonly produce a degree of anger, age,
resentment, or terror in a person of ordinary temper, sufficient to render the mind
incapable of cool reflection.
(2) "Sudden passion" means passion directly caused by and arising out of provocation by
the individual killed or another acting with the person killed which passion arises at the
time of the offense and is not solely the result of former provocation.
(b) A person commits an offense if he:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human
life that causes the death of an individual; or
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of
and in furtherance of the commission or attempt, or in immediate flight from the commission
or attempt, he commits or attempts to commit an act clearly dangerous to human life
that causes the death of an in
Sec. 19.03. Capital Murder.
(a) A person commits an offense if the person commits murder as defined under Section
19.02(b)(1) and:
(1) the person murders a peace officer or fireman who is acting in the lawful discharge of
an official duty and who the person knows is a peace officer or fireman;
(2) the person intentionally commits the murder in the course of committing or
attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson,
obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or
(6);
(3) the person commits the murder for remuneration or the promise of remuneration or
employs another to commit the murder for remuneration or the promise of remuneration;
(4) the person commits the murder while escaping or attempting to escape from a penal
institution;
(5) the person, while incarcerated in a penal institution, murders another:
(A) who is employed in the operation of the penal institution; or
(B) with the intent to establish, maintain, or participate in a c
Sec. 19.04. Manslaughter.
(a) A person commits an offense if he recklessly causes the death of an individual.
(b) An offense under this section is a felony of the second degree
Sec. 19.05. Criminally Negligent Homicide.
(a) A person commits an offense if he causes the death of an individual by criminal negligence.
(b) An offense under this section is a state jail felony.
Sec. 19.06. Applicability to Certain Conduct
This chapter does not apply to the death of an unborn child if the conduct charged is:
(1) conduct committed by the mother of the unborn child;
(2) a lawful medical procedure performed by a physician or other licensed health care
provider with the requisite consent, if the death of the unborn child was the intended
result of the procedure;
(3) a lawful medical procedure performed by a physician or other licensed health care
provider with the requisite consent as part of an assisted reproduction as defined by
Section 160.102, Family Code; or
(4) the dispensation of a drug in accordance with law or administration of a drug
prescribed in accordance with law.
Restrain
means to restrict a person’s movements without consent, so as to interfere
substantially with the person's liberty, by moving the person from one place to another or
by confining the person. Restraint is “without consent" if it is accomplished by:
(A) force, intimidation, or deception; or
(B) any means, including acquiescence of the victim, if:
(i) the victim is a child who is less than 14 years of age or an incompetent
person and the parent, guardian, or person or institution acting in loco
parentis has not acquiesced in the movement or confinement; or
(ii) the victim is a child who is 14 years of age or older and younger than
17 years of age, the victim is taken outside of the state and outside a 120
mile radius from the victim's residence, and the parent, guardian, or person
or institution acting in loco parentis has not acquiesced in the movement.
Abduct
means to restrain a person with intent to prevent his liberation by:
(A) secreting or holding him in a place where he is not likely to be found; or
(B) using or threatening to use deadly force.
Relative
means a parent or stepparent, ancestor, sibling, or uncle or aunt, including
an adoptive relative of the same degree through marriage or adoption.
Person
means an individual, corporation, or association.
Sec. 20.02. Unlawful Restraint
(a) A person commits an offense if he intentionally or knowingly restrains another person.
(b) It is an affirmative defense to prosecution under this section that:
(1) the person restrained was a child younger than 14 years of age;
(2) the actor was a relative of the child; and
(3) the actors sole intent was to assume lawful control of the child.
(c) An offense under this section is a Class A misdemeanor, except that the offense is:
(1) a state jail felony if the person restrained was a child younger than 17 years of age; or
(2) a felony of the third degree if;
(A) the actor recklessly exposes the victim to a substantial risk of serious bodily
injury;
(B) the actor restrains an individual the actor knows is a public servant while the
public servant is lawfully discharging an official duty or in retaliation or on
account of an exercise of official power or performance of an official duty as a
public servant; or
(C) the actor while in custody restrains any other person.
(d) It is no offense to d
Sec. 20.03. Kidnapping
(a) A person commits an offense if he intentionally or knowingly abducts another person.
(b) It is an affirmative defense to prosecution under this section that:
(1) the abduction was not coupled with intent to use or to threaten to use deadly force;
(2) the actor was a relative of the person abducted; and
(3) the actors sole intent was to assume lawful control of the victim.
(c) An offense under this section is a felony of the third degree.
20.04. Aggravated Kidnapping
(a) A person commits an offense if he intentionally or knowingly abducts another person with
the intent to:
(1) hold him for ransom or reward;
(2) use him as a shield or hostage;
(3) facilitate the commission of a felony or the flight after the attempt or commission of a
felony;
(4) inflict bodily injury on him or violate or abuse him sexually;
(5) terrorize him or a third person; or
(6) interfere with the performance of any governmental or political function.
(b) A person commits an offense if the person intentionally or knowingly abducts another person
and uses or exhibits a deadly weapon during the commission of the offense.
(c) Except as provided by Subsection (d), an offense under this section is a felony of the first
degree.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he
voluntarily released the victim in a safe place. If the defendant proves the issue in the affirmative
by a preponderance of the evidence, the offense is a felony of the second
Sec. 20.05. Unlawful Transport.
(a) A person commits an offense if the person for pecuniary benefit transports an individual in a
manner that:
(1) is designed to conceal the individual from local, state, or federal law enforcement
authorities; and
(2) creates a substantial likelihood that the individual will suffer serious bodily injury or
death.
(b) An offense under this section is a state jail felony
Forced labor or services
means labor or services, including conduct that constitutes
an offense under Section 43.02, that are performed or provided by another person and
obtained through an actors:
(A) causing or threatening to cause bodily injury to the person or another person
or otherwise causing the person performing or providing labor or services to
believe that the person or another person will suffer bodily injury;
(B) restraining or threatening to restrain the person or another person in a manner
described by Section 20.01(1) or causing the person performing or providing
labor or services to believe that the person or another person will be restrained;
(C) knowingly destroying, concealing, removing, confiscating, or withholding
from the person or another person, or threatening to destroy, conceal, remove,
confiscate, or withhold from the person or another person, the person's actual or
purported:
(i) government records;
(ii) identifying information; or
(iii) personal property;
(D) threatening the person with
Sec. 20A.02. Trafficking of Persons
(a) A person commits an offense if the person:
(1) knowingly traffics another person with the intent or knowledge that the trafficked
person will engage in forced labor or services;
(2) intentionally or knowingly benefits from participating in a venture that involves an
activity described by Subdivision (1), including by receiving labor or services the person
knows are forced labor or services.
(b) Except as otherwise provided by this subsection, an offense under this section is a felony of
the second degree. An offense under this section is a felony of the first degree if:
(1) the applicable conduct constitutes an offense under Section 43.02 and the person who
is trafficked is younger than 18 years of age at the time of the offense; or
(2) the commission of the offense results in the death of the person who is trafficked.
(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 un
Deviate sexual intercourse
(A) any contact between any part of the genitals of one person and the mouth or
anus of another person; or
(B) the penetration of the genitals or the anus of another person with an object.
Sexual contact
means, except as provided by Section 21.11, any touching of the
anus, breast, or any part of the genitals of another person with intent to amuse or gratify
the sexual desire of any person.
Sexual intercourse
means any penetration of the female sex organ by the male sex
organ.
Spouse
means a person to whom a person is legally married under Subtitle A, Title
1, Family Code, or a comparable law of another jurisdiction.
Sec. 21.02. Continuous Sexual Abuse of Young Child or Children
(b) A person commits an offense if:
(1) during a period that is 30 or more days in duration, the person commits two or more
acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against
one or more victims; and
(2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years
of age or older and the victim is a child younger than 14 years of age.
(c) For purposes of this section, "act of sexual abuse" means any act that is a violation of one or
more of the following penal laws:
(1) aggravated kidnapping under Section 20.04(a)(4), if the actor committed the offense
with the intent to violate or abuse the victim sexually;
(2) indecency with a child under Section 21.11(a)(1), if the actor committed the offense
in a manner other than by touching, including touching through clothing, the breast of a
child;
(3) sexual assault under Section 22.011;
(4) aggravated sexual assault under Section 22.021;
(5) burglary under Section 30.02, if the offen
Sec. 21.07. Public Lewdness
(a) A person commits an offense if he knowingly engages in any of the following acts in a public
place or if not in a public place, he is reckless about whether another is present who will be
offended or alarmed by his:
(1) act of sexual intercourse;
(2) act of deviate sexual intercourse;
(3) act of sexual contact; or
(4) act involving contact between the person's mouth or genitals and the anus or genitals
of an animal or fowl.
(b) An offense under this section is a Class A misdemeanor
Sec. 21.08. Indecent Exposure
(a) A person commits an offense if he exposes his anus or any part of his genitals with intent to
arouse or gratify the sexual desire of any person, and he is reckless about whether another is
present who will be offended or alarmed by his act.
(b) An offense under this section is a Class B misdemeanor.
Sec. 21.11. Indecency with a Child
(a) A person commits an offense if, with a child younger than 17 years and not the person's
spouse, whether the child is of the same or opposite sex, the person:
(1) engages in sexual contact with the child or causes the child to engage in sexual
contact;
(2) with intent to arouse or gratify the sexual desire of any person:
(A) exposes the person's anus or any part of the person's genitals, knowing the
child is present; or
(B) causes the child to expose the child's anus or any part of the child's genitals.
(b) It is an affirmative defense to prosecution under this section that the actor:
(1) was not more than three years older than the victim and of the opposite sex;
(2) did not use duress, force, or a threat against the victim at the time of the offense; and
(3) at the time of the offense:
(A) was not required under Chapter 62, Code of Criminal Procedure, to register
for life as a sex offender; or
(B) was not a person who under Chapter 62 had a reportable conviction or
adjudication for an off
Sec. 21.12. Improper Relationship Between Educator and Student
(a) An employee of a public or private primary or secondary school commits an offense if the
employee engages in:
(1) sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is
enrolled in a public or private primary or secondary school at which the employee works
and who is not the employee's spouse; or
(2) conduct described by Section 33.021, with a person described by Subdivision (1),
regardless of the age of that person.
(b) An offense under this section is a felony of the second degree.
(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 both sections.
(d) The name of a person who is enrolled in a public or private primary or secondary school and
involved in an improper relationship with an educator as provided by Subsection (a) may not
be released to the public and is not public information under Chapter 552, Government Code.
Sec. 21.15. Improper Photography or Visual Recording
(a) In this section, "promote" has the meaning assigned by Section 43.21.
(b) A person commits an offense if the person:
(1) photographs or by videotape or other electronic means records, broadcasts, or
transmits a visual image of another at a location that is not a bathroom or private dressing
room:
(A) without the other person's consent; and
(B) with intent to arouse or gratify the sexual desire of any person;
(2) photographs or by videotape or other electronic means records, broadcasts, or
transmits a visual image of another at a location that is a bathroom or private dressing
room:
(A) without the other person's consent; and
(B) with intent to:
(i) invade the privacy of the other person; or
(ii) arouse or gratify the sexual desire of any person; or
(3) knowing the character and content of the photograph, recording,
broadcast, or transmission, promotes a photograph, recording, broadcast,
or transmission described by Subdivision (1) or (2).
(c) An offense under this section is a state jail
Sec. 22.01. Assault
(a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another; including the
person's spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including
the person's spouse; or
(3) intentionally or knowingly causes physical contact with another when the person
knows or should reasonably believe that the other will regard the contact as offensive or
provocative.
(b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a
felony of the third degree if the offense is committed against:
(1) a person the actor knows is a public servant whiles, the public, servant is lawfully
discharging an official duty, or in retaliation or on account of an exercise of official
power or performance of an official duty as a public servant;
(2) a person whose relationship to or association with the defendant is described by
Section 71.0021(b), 71.003, or 71.005, Family Code, if it is shown on th
Sec. 22.011. Sexual Assault
(a) A person commits an offense if the person:
(1) intentionally or knowingly:
(A) causes the penetration of the anus or sexual organ of another person by any
means, without that person's consent;
(B) causes the penetration of the mouth of another person by the sexual organ of
the actor, without that person's consent; or
(C) causes the sexual organ of another person, without that person's consent, to
contact or penetrate the mouth, anus, or sexual organ of another person, including
the actor; or
(2) intentionally or knowingly:
(A) causes the penetration of the anus or sexual organ of a child by any means;
(B) causes the penetration of the mouth of a child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or
sexual organ of another person, including the actor;
(D) causes the anus of a child to contact the mouth, anus, or sexual organ of
another person, including the actor; or
(E) causes the mouth of a child to contact the anus or
Sec. 22.015. Coercing, Soliciting, or Inducing Gang Membership
(a) In this section:
(1) "Child" means an individual younger than 17 years of age.
(2) "Criminal street gang” has the meaning assigned by Section 71.01.
(b) A person commits an offense if with intent to coerce, induce, or solicit a child to actively
participate in the activities of a criminal street gang, the person:
(1) threatens the child with imminent bodily injury; or
(2) causes bodily injury to the child.
(c) An offense under Subsection (b)(1) is a state jail felony. An offense under Subsection (b)(2)
is a felony of the third degree.
Sec. 22.02. Aggravated Assault
(a) A person commits an offense if the person commits assault as defined in Section 22.01 and
the person:
(1) causes serious bodily injury to another, including the person's spouse; or
(2) uses or exhibits a deadly weapon during the commission of the assault.
(b) An offense under this section is a felony of the second degree, except that the offense is a
felony of the first degree if:
(1) the actor uses a deadly weapon during the commission of the assault and causes
serious bodily injury to a person whose relationship to or association with the defendant
is described by Section 71.0021(b), 71.003, or 71.005, Family. Code; or
(2) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the
offense is committed:
(A) by a public servant acting under color of the servant's office or employment;
(B) against a person the actor knows is a public servant while the public servant is
lawfully discharging an official duty, or in retaliation or on account of an exercise
of official
Sec. 22.021. Aggravated Sexual Assault
(a). A person commits an offense:
(1) if the person:
(A) intentionally or knowingly:
(i) causes the penetration of the anus or sexual organ of another person by
any means, without that person's consent;
(ii) causes the penetration of the mouth of another person by the sexual
organ of the actor, without that person's consent; or
(iii) causes the sexual organ of another person, without that person's
consent, to contact or penetrate the mouth, anus, or sexual organ of
another person, including the actor; or
(B) intentionally or knowingly:
(i) causes the penetration of the anus or sexual organ of a child by any
means;
(ii) causes the penetration of the mouth of a child by the sexual organ of
the actor;
(iii) causes the sexual organ of a child to contact or penetrate the mouth,
anus, or sexual organ of another person, including the actor;
(iv) causes the anus of a child to contact the mouth, anus, or sexual organ
of another person, including the actor; or
(v) causes the mouth of a child to cont
Sec. 22.04. Injury to a Child, Elderly Individual, or Disabled Individual
(a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal
negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child,
elderly individual, or disabled individual:
(1) serious bodily injury;
(2) serious mental deficiency, impairment, or injury; or
(3) bodily injury.
(a-1) A person. commits an offense if the person is an owner, operator, or employee of a group
home, nursing facility, assisted living facility, intermediate care facility for persons with mental
retardation, or other institutional care facility and the person intentionally, knowingly, recklessly,
or with .criminal negligence by omission causes to a child, elderly individual, or disabled
individual who is a resident of that group home or facility:
(1) serious bodily injury;
(2) serious mental deficiency, impairment, or injury;
(3) bodily injury; or
(4) exploitation.
(b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1) (1),
(2
Sec. 22.041. Abandoning or Endangering Child
(a) In this section, "abandon" means to leave a child in any place without providing reasonable
and necessary care for the child, under circumstances under which no reasonable, similarly
situated adult would leave a child of that age and ability.
(b) A person commits an offense if, having custody, care, or control of a child younger than 15
years, he intentionally abandons the child in any place under circumstances that expose the
child to an unreasonable risk of harm.
(c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence,
by act or omission, engages in conduct that places a child younger than 15 years in
imminent danger of death, bodily injury, or physical or mental impairment.
(c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places
a child in imminent danger of death, bodily injury, or physical or mental impairment if:
(1) the person manufactured, possessed, or in any way introduced into the body of any
Sec. 22.05. Deadly Conduct
(a) A person commits an offense if he recklessly engages in conduct that places another in
imminent danger of serious bodily injury.
(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:
(1) one or more individuals; or
(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building,
or vehicle is occupied.
(c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the
direction of another whether or not the actor believed the firearm to be loaded.
(d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings
assigned those terms by Section 30.01.
(e) An offense under Subsection (a) is a Class A misdemeanor. An offense under. Subsection (b)
is a felony of the third degree.
Sec. 22.06. Consent as Defense to Assault Conduct
(a) The victim's effective consent or the actors reasonable belief that the victim consented to the
actors conduct is a defense to prosecution under Section 22.01 (Assault), 22 02 (Aggravated
Assault), or 22.05 (Deadly Conduct) if:
(1) the conduct did not threaten or inflict serious bodily injury; or
(2) the victim knew the conduct was a risk of;
(A) his occupation;
(B) recognized medical treatment; or
(C) a scientific experiment conducted by recognized methods.
(b) The defense to prosecution provided by Subsection (a) is not available to a defendant who
commits an offense described by Subsection (a) as a condition of the defendant's or the victim's
initiation or continued member ship in a criminal street gang, as defined by Section 71.01.
Sec. 22.07. Terroristic Threat
(a) A person commits an offense if he threatens to commit any offense involving violence to any
person or property with intent to:
(1) cause a reaction of any type to his threat by an official or volunteer agency organized
to deal with emergencies;
(2) place any person in fear of imminent serious bodily injury;
(3) prevent or interrupt the occupation or use of a building, room, place of assembly,
place to which the public has access, place of employment or occupation, aircraft,
automobile, or other form of conveyance, or other public place;
(4) cause impairment or interruption of public communications, public transportation,
public water, gas, or power supply or other public service;
(5) place the public or a substantial group of the public in fear of serious bodily injury; or
(6) influence the conduct or activities of a branch or agency of the federal government,
the state, or a political subdivision of the state.
(b) An offense under Subsection (a) (1) is a Class B misdemeanor.
(c) An offense
Sec. 22.08. Aiding Suicide
(a) A person commits an offense if, with intent to promote or assist the commission of suicide by
another, he aids or attempts to aid the other to commit or attempt to commit suicide.
(b) An offense under this section is a Class C misdemeanor unless the actors conduct causes
suicide or attempted suicide that results in serious bodily injury, in which event the offense is a
state jail felony.
Sec. 22.09. Tampering with Consumer Product
(a) In this section:
(1) "Consumer Product" means any product offered for sale to or for consumption by the
public and includes "food" and "drugs" as those terms are defined in Section 431.002,
Health and Safety Code.
(2) "Tamper" means to alter or add a foreign substance to a consumer product to make it
probable that the consumer product will cause serious bodily injury.
(b) A person commits an offense if he knowingly or intentionally tampers with a consumer
product knowing that the consumer product will be offered for sale to the public or as a gift to
another.
(c) A person commits an offense if he knowingly or intentionally threatens to tamper with a
consumer product with the intent to cause fear, to affect the sale of the consumer product, or to
cause bodily injury to any person.
(d) An offense under Subsection (b) is a felony of the second degree unless a person suffers
serious bodily injury, in which event it is a felony of the first degree. An offense under
Subsection (c) is a felony of
Sec. 22.10. Leaving a Child in a Vehicle
(a) A person commits an offense if he intentionally or knowingly leaves a child in a motor
vehicle for longer than five minutes, knowing that the child is:
(1) younger than seven years of age; and
(2) not attended by an individual in the vehicle who is 14 years of age or older.
(b) An offense under this section is a Class C misdemeanor.
Sec. 22.11. Harassment by Persons in Certain Correctional Facilities; Harassment of Public
Servant.
(a) A person commits an offense if, with the intent to assault, harass, or alarm, the person:
(1) while imprisoned or confined in a correctional or detention facility, causes another
person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the
actor, any other person, or an animal; or
(2) causes another person the actor knows to be a public servant to contact the blood,
seminal fluid; vaginal fluid, saliva, urine, or feces of the actor, any other person, or an
animal while the public servant is lawfully discharging an official duty or in retaliation or
on account of an exercise of the public servant's official power or performance of an
official duty.
(b) An offense under this section is a felony of the third degree.
(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.
(d) In this section, "correctional or detention facility" means:
(1) a secure corr
Sec. 22.12. Applicability to Certain Conduct
This chapter does not apply to conduct charged as having been committed against an individual
who is an unborn child if the conduct is:
(1) committed by the mother of the unborn child;
(2) a lawful medical procedure performed by a physician or other health care provider
with the requisite consent;
(3) a lawful medical procedure performed by a physician or other licensed health care
provider with the requisite consent as part of an assisted reproduction as defined by
Section 160.102, Family Code; or
(4) the dispensation of a drug in accordance with law or administration of a drug
prescribed in accordance with law.
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
actors 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 reasona
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 actors ancestor or descendant by blood or adoption;
(2) the actors current or former stepchild or stepparent;
(3) the actors parent's brother or sister of the whole or half blood;
(4) the actors brother or sister of the whole or half blood or by adoption;
(5) the children of the actors brother or sister of the whole or half blood or by adoption;
or
(6) the son or daughter of the actors 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 t
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 o
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.
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.
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 actors 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
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
Sec. 25.07. (2 Versions) 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 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 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 emplo
Sec: 25.07. (2 Versions) 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
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
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 pers
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.
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.
Habitation
means a structure or vehicle that is adapted for the overnight
accommodation of persons and includes:
(A) each separately secured or occupied portion of the structure or vehicle; and
(B) each structure appurtenant to or connected with the structure or vehicle.