PENAL CODE Flashcards
9.54. LIMITATION ON USE OF FORCE BY DRONE. (a) In this
section:
(b) Notwithstanding any other law, the use of force, including deadly force, involving a ________ is justified under this subchapter only if:
(1) at the time the use of force occurred, the actor was employed by a law enforcement agency;
(2) the use of force:
(A) would have been justified under another
provision of this subchapter; and
(B) did not involve the use of deadly force by
means of________; and
(3) before the use of force occurred, the law
enforcement agency employing the actor adopted and submitted to the Texas Commission on Law Enforcement a policy on the agency’s use of force by means of a ____, as required by Article 2.33, Code of Criminal Procedure, and the use of force conformed to the requirements of that policy.
drone
/
an autonomous drone
/
drone
means cause that would commonly
produce a degree of anger, rage, resentment, or terror in a person
of ordinary temper, sufficient to render
Adequate cause”
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.
Sudden passion
(b) A person commits an offense if the person:
(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;
(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, the person commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual; or
(4) knowingly manufactures or delivers a controlled substance included in Penalty Group 1-B under Section 481.1022, Health and Safety Code, in violation of Section 481.1123, Health
and Safety Code, and an individual dies as a result of injecting, ingesting, inhaling, or introducing into the individual’s body any
amount of the controlled substance manufactured or delivered by the actor, regardless of whether the controlled substance was used by itself or with another substance, including a drug, adulterant, or dilutant.
Sec. 19.02. 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 combination or in the profits of a combination;
(6) the person:
(A) while incarcerated for an offense under this
section or Section 19.02, murders another; or
(B) while serving a sentence of life imprisonment or a term of 99 years for an offense under Section 20.04, 22.021,
or 29.03, murders another;
(7) the person murders more than one person:
(A) during the same criminal transaction; or
(B) during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct;
(8) the person murders an individual under 10 years of age;
(9) the person murders an individual 10 years of age or older but younger than 15 years of age; or
(10) the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal
appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a
justice court, or a municipal court.
Sec. 19.03. CAPITAL MURDER.
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.
Restrain
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 ____
years of age or an ________ 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 ____ years of
age or older and younger than ____ years of age, the victim is taken outside of ________ and outside a ________ from the victim’s residence, and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement.
14 / incompetent person
14 / 17
the state / 120-mile radius
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.
Abduct
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 ____;
(2) the actor was a ____ of the child; and
(3) the actor’s sole intent was to assume lawful control of the child.
14 years of age / relative
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 ___________________________________;
(2) the actor was a relative of the person abducted; and
(3) the actor’s sole intent was to assume lawful control of the victim.
use or to threaten to use deadly force
Sec. 20.04. AGGRAVATED KIDNAPPING.
(a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
(1)
(2)
(3)
(4)
(5)
(6)
(b) A person commits an offense if the person intentionally or knowingly abducts another person and ____________ during the commission of the offense.
(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.
/
uses or exhibits a deadly
weapon
Sec. 20.05. SMUGGLING OF PERSONS.
(a) A person commits an offense if the person knowingly:
(1) uses a motor vehicle, aircraft, watercraft, or other means of conveyance to transport an individual with the intent to:**
(A) ________________ from a peace officer or special investigator; or
(B) ____ from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor;
(2) encourages or induces a person to enter or remain in this country in violation of federal law by concealing, harboring, or shielding that person from detection; or
(3) assists, guides, or directs two or more individuals to enter or remain on agricultural land without the effective consent of the owner.
(c) It is an affirmative defense to prosecution of an offense under this section, other than an offense punishable under Subsection (b)(1)(A) or (b)(2), = (SBI, death, sexual assault), that the actor is related to the smuggled individual within the ________________ or, at the time of the offense, within the ____________________.
conceal the individual
/
flee
second degree of consanguinity
/
second degree of affinity
Sec. 20.06. CONTINUOUS SMUGGLING OF PERSONS.
(a) A person commits an offense if, during a period that is ________ in duration, the person engages ____ times in conduct that constitutes an offense under Section 20.05.
10 or more days
/
two or more
Sec. 20.07. OPERATION OF STASH HOUSE.
(a) A person commits an offense if the person knowingly:
(1) uses or ____________ any real estate, building, room, tent, vehicle, boat, or other property owned by the person or under the person’s control to commit an offense or to
facilitate the commission of an offense under Section 20.05, 20.06, 20A.02, 20A.03, 43.04, or 43.05; (Smugl, cont smugl, traff, cont traff, agg promo prost, comp prost) or
(2) rents or leases any property to another, ____ that the property be used as described by Subdivision (1).
permits another to use
/
intending
CHAPTER 20A. TRAFFICKING OF PERSONS
Sec. 20A.01. DEFINITIONS. In this chapter:
(1) “Child” means a person younger than 18 years of age.
CHAPTER 20A. TRAFFICKING OF PERSONS
Sec. 20A.01. DEFINITIONS.
In this chapter:
(1) “Child” means a person ________ years of age.
younger than 18
Sec. 20A.01. DEFINITIONS. In this chapter:
(1-a) “Coercion” as defined by Section 1.07 includes:
(A) destroying, concealing, confiscating, or
withholding from a trafficked person, or threatening to destroy, conceal, confiscate, or withhold from a trafficked person, the
person’s actual or purported:
(i) government records; or
(ii) identifying information or documents;
(B) causing a trafficked person, without the
person’s consent, to become intoxicated, as defined by Section 49.01, to a degree that impairs the person’s ability to appraise
the nature of or resist engaging in any conduct, including performing or providing labor or services; or
(C) withholding alcohol or a controlled substance to a degree that impairs the ability of a trafficked person with a chemical dependency, as defined by Section 462.001, Health and Safety Code, to appraise the nature of or resist engaging in any conduct, including performing or providing labor or services.
means to transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means.
Traffic
Sec. 20A.02. TRAFFICKING OF PERSONS.
(a) A person commits an offense if the person knowingly:
(1) traffics another person with the intent that the trafficked person engage in forced labor or services;
(2) receives a benefit 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;
(3) traffics another person and, through force, fraud, or coercion, causes the trafficked person to engage in conduct prohibited by:
(A) Section 43.02 (Prostitution);
(B) Section 43.03 (Promotion of Prostitution);
(B-1) Section 43.031 (Online Promotion of
Prostitution);
(C) Section 43.04 (Aggravated Promotion of
Prostitution);
(C-1) Section 43.041 (Aggravated Online Promotion of Prostitution); or
(D) Section 43.05 (Compelling Prostitution);
(4) receives a benefit from participating in a venture that involves an activity described by Subdivision (3) or engages in sexual conduct with a person trafficked in the manner described in Subdivision (3);
(5) traffics a child or disabled individual with the
intent that the trafficked child or disabled individual engage in forced labor or services;
(6) receives a benefit from participating in a venture that involves an activity described by Subdivision (5), including by receiving labor or services the person knows are forced labor or
services;
(7) traffics a child or disabled individual and by any means causes the trafficked child or disabled individual to engage in, or become the victim of, conduct prohibited by:
(A) Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual);
(B) Section 21.11 (Indecency with a Child);
(C) Section 22.011 (Sexual Assault);
(D) Section 22.021 (Aggravated Sexual Assault);
(E) Section 43.02 (Prostitution);
(E-1) Section 43.021 (Solicitation of
Prostitution);
(F) Section 43.03 (Promotion of Prostitution);
(F-1) Section 43.031 (Online Promotion of
Prostitution);
(G) Section 43.04 (Aggravated Promotion of Prostitution);
(G-1) Section 43.041 (Aggravated Online Promotion of Prostitution);
(H) Section 43.05 (Compelling Prostitution);
(I) Section 43.25 (Sexual Performance by a Child);
(J) Section 43.251 (Employment Harmful to
Children); or
(K) Section 43.26 (Possession or Promotion of ChildPornography); or
(8) receives a benefit from participating in a venture that involves an activity described by Subdivision (7) or engages in sexual conduct with a child or disabled individual trafficked in
the manner described in Subdivision (7).
Sec. 20A.03. CONTINUOUS TRAFFICKING OF PERSONS.
(a) A person commits an offense if, during a period that is ________ in duration, the person engages ________ times in conduct
that constitutes an offense under Section 20A.02 against one or more victims.
30 or more days
/
two or more
Sec. 20A.04. ACCOMPLICE WITNESS; TESTIMONY AND IMMUNITY.
(a) A party to an offense under this chapter may be required to provide evidence or testify about the offense.
(b) A party to an offense under this chapter may ________ for any offense about which the party is required to provide evidence or testify, and the evidence and testimony may not be used against the party in any ________ except a prosecution for ________. For purposes of this subsection, “adjudicatory proceeding” means a proceeding before a court or any other agency of government in which the legal rights,
powers, duties, or privileges of specified parties are determined.
not be prosecuted
/
adjudicatory proceeding
/
aggravated perjury
Sec. 21.02. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL.
(b) A person commits an offense if:
(1) during a period that is ________ in duration, the person commits ________ 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 ________ or older and the victim is:
(A) a child younger than ________,
regardless of whether the actor ________ at the time of the offense; or
(B) a ____ individual.
(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 offense is punishable under Subsection (d) of that section and the actor committed the offense with the intent to commit an offense listed
in Subdivisions (1)-(4);
(6) sexual performance by a child under Section 43.25;
(7) trafficking of persons under Section 20A.02(a)(3),
(4), (7), or (8); and
(8) compelling prostitution under Section 43.05.
(g) With respect to a prosecution under this section involving only one or more victims described by Subsection (b)(2)(A), it is an affirmative defense to prosecution under this
section that the actor:
(1) was not more than five years older than:
(A) the victim of the offense, if the offense is
alleged to have been committed against only one victim; or
(B) the youngest victim of the offense, if the
offense is alleged to have been committed against more than one victim;
(2) did not use duress, force, or a threat against a victim at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense; and
**(3) **at the time of the commission of any of the acts of sexual abuse alleged as an element 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 offense under this section or an act of sexual abuse as described by Subsection (c).
30 or more days / two or more
17 years of age
/
(A) … younger than 14 years of age,
…… knows the age of the victim ….
(B) a disabled
Sec. 21.07. PUBLIC LEWDNESS.
(a) A person commits an offense if the person knowingly engages in any of the following acts in a public place or, if not in a public place, the person is reckless about whether ____________________ by the person’s:
(1)
(2)
(3)
(1) act of sexual intercourse;
(2) act of deviate sexual intercourse; or
(3) act of sexual contact.
/
another is
present who will be offended or alarmed
Sec. 21.08. INDECENT EXPOSURE.
(a) A person commits an offense if he exposes ________ or ____________ 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.
his anus / any part of his genitals
Sec. 21.11. INDECENCY WITH A CHILD.
(a) A person commits an offense if, with a child________ , whether the child is ________ and regardless of whether the person ____________ at the time of the offense, the person:
(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or
(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 offense under this section.
(b-1) It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense.
younger than 17 years of age
/
of the same or opposite sex
/
knows the age of the child
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:
(1) engages in 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;
(2) holds a position described by Section 21.003(a) or (b), Education Code, regardless of whether the employee holds the appropriate certificate, permit, license, or credential for the position, and engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person the employee knows is:
(A) enrolled in a public or private primary or
secondary school, other than a school described by Subdivision (1); or
(B) a student participant in an educational
activity that is sponsored by a school district or a public or private primary or secondary school, if students enrolled in a public or private primary or secondary participants in the activity; or Page -7 -
(3) engages in conduct described by Section 33.021, with a person described by Subdivision (1), or a person the employee knows is a person described by Subdivision (2)(A) or (B), regardless of ________________
(b-1) It is an affirmative defense to prosecution under this section that:
(1) the actor was the spouse of the enrolled person at the time of the offense; or
(2) the actor was not more than three years older than the enrolled person and, at the time of the offense, the actor and the enrolled person were in a relationship that began before the actor’s employment at a public or private primary or secondary school.
(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.
(d-1) Except as otherwise provided by this subsection, a public or private primary or secondary school, or a person or entity that operates a public or private primary or secondary school, may not release externally to the general public the name of an employee of the school who is accused of committing an
offense under this section until the employee is indicted for the offense. The school, or the person or entity that operates the school, may release the name of the accused employee regardless of whether the employee has been indicted for the offense as necessary
for the school to:
(1) report the accusation:
(A) to the Texas Education Agency, another state agency, or local law enforcement or as otherwise required by law; or
(B) to the school’s members or community in
accordance with the school’s policies or procedures or with the religious law observed by the school; or
(2) conduct an investigation of the accusation.
the age of that person.
Sec. 21.15. INVASIVE VISUAL RECORDING.
(a) In this section:
(1) “Female breast” means any portion of the female breast below the top of the areola.
(2) “Intimate area” means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person.
(3) “Changing room” means a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas.
(4) “Promote” has the meaning assigned by Section 43.21.
(b) A person commits an offense if, without the other person’s consent and with intent to invade the privacy of the other person, the person:
(1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a
reasonable expectation that the intimate area is not subject to public view;
(2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; 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).
Sec. 21.16. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL.
(a) In this section:
(1) “Intimate parts” means the naked genitals, pubic area, anus, buttocks, or female nipple of a person.
(2) “Promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above.
(3) “Sexual conduct” means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse.
(4) “Simulated” means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any
uncovered portion of the breasts, genitals, or buttocks.
(5) “Visual material” means:
(A) any film, photograph, videotape, negative, or
slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or
(B) any disk, diskette, or other physical medium
that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video
screen by telephone line, cable, satellite transmission, or other method.
Sec. 21.16. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL.
(b) A person commits an offense if:
(1) without the effective consent of the depicted person and with the intent to harm that person, the person discloses visual material depicting another person with the person’s intimate
parts exposed or engaged in sexual conduct;
(2) at the time of the disclosure, the person knows or has reason to believe that the visual material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation that the visual material would remain private;
(3) the disclosure of the visual material causes harm to the depicted person; and
(4) the disclosure of the visual material reveals the identity of the depicted person in any manner, including through:
(A) any accompanying or subsequent information or material related to the visual material; or
(B) information or material provided by a third
party in response to the disclosure of the visual material.
(c) A person commits an offense if the person intentionally threatens to disclose, without the consent of the depicted person, visual material depicting another person with the person’s intimate parts exposed or engaged in sexual conduct and the actor makes the threat to obtain a benefit:
(1) in return for not making the disclosure; or
(2) in connection with the threatened disclosure.
(d) A person commits an offense if, knowing the character and content of the visual material, the person promotes visual material described by Subsection (b) on an Internet website or other forum for publication that is owned or operated by the person.
(e) It is not a defense to prosecution under this section that the depicted person:
(1) created or consented to the creation of the visual material; or
(2) voluntarily transmitted the visual material to the actor.
(f) It is an affirmative defense to prosecution under Subsection (b) or (d) that:
(1) the disclosure or promotion is made in the course of:
(A) lawful and common practices of law enforcement or medical treatment;
(B) reporting unlawful activity; or
(C) a legal proceeding, if the disclosure or
promotion is permitted or required by law;
(2) the disclosure or promotion consists of visual material depicting in a public or commercial setting only a person’s voluntary exposure of:
(A) the person’s intimate parts; or
(B) the person engaging in sexual conduct; or
(3) the actor is an interactive computer service, as defined by 47 U.S.C. Section 230, and the disclosure or promotion consists of visual material provided by another person.
Sec. 21.165. UNLAWFUL PRODUCTION OR DISTRIBUTION OF CERTAIN SEXUALLY EXPLICIT VIDEOS.
(a) In this section:
(1) “Deep fake video” means a video, created with the intent to deceive, that appears to depict a real person performing an action that did not occur in reality.
(2) “Intimate parts” and “sexual conduct” have the meanings assigned by Section 21.16.
(b) A person commits an offense if, without the effective consent of the person appearing to be depicted, the person knowingly produces or distributes by electronic means a deep fake
video that appears to depict the person with the person’s intimate parts exposed or engaged in sexual conduct.
Sec. 21.17. VOYEURISM.
(a) A person commits an offense if
the person, with the intent to arouse or gratify the sexual desire of the actor, observes, including ________________, another person without the other person’s consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy.
remotely through the use of electronic means
Sec. 21.18. SEXUAL COERCION.
(a) In this section:
(1) “Intimate visual material” means the visual material described by Section 21.16(b)(1) or (c).
(2) “Sexual conduct” has the meaning assigned by Section 43.25.
(b) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02, 21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021 to obtain, in return for not committing the threatened offense or in connection with the threatened offense, any of the following benefits:
(1) intimate visual material;
(2) an act involving sexual conduct causing arousal or gratification; or
(3) a monetary benefit or other benefit of value.
(c) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to obtain, in return for not committing the threatened offense or in connection with the threatened offense, either of the following benefits:
(1) intimate visual material; or
(2) an act involving sexual conduct causing arousal or gratification.
(d) This section applies to a threat regardless of how that threat is communicated, including a threat transmitted through email or an Internet website, social media account, or chat room and a threat made by other electronic or technological means.
Sec. 21.19. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL.
(b) A person commits an offense if the person knowingly transmits by electronic means visual material that:
(1) depicts:
(A) any person engaging in sexual conduct or with the person’s intimate parts exposed; or
(B) covered genitals of a male person that are in a discernibly turgid state; and
(2) is not sent at the request of or with the express consent of the recipient.
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.
Sec. 22.011. SEXUAL ASSAULT.
(a) A person commits an offense if:
(1) the person 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) regardless of whether the person knows the age of the child at the time of the offense, the person 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 sexual organ of another person, including the actor.
Sec. 22.011. SEXUAL ASSAULT.
(b) A sexual assault under
Subsection (a)(1)=(not child)
is without the consent of the other person if:
(1) the actor compels the other person to submit or participate by the use of physical force, violence, or coercion;
(2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to the other person, and the other
person believes that the actor has the present ability to execute the threat;
(3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;
(4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of
resisting it;
(5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;
(6) the actor has intentionally impaired the other person’s power to appraise or control the other person’s conduct by administering any substance without the other person’s knowledge;
(7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the
ability to execute the threat;
(8) the actor is a public servant who coerces the other person to submit or participate;
(9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by
exploiting the other person’s emotional dependency on the actor;
(10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person’s emotional dependency on the clergyman in the clergyman’s professional character as spiritual adviser;
(11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code;
(12) the actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor;
(13) the actor is a coach or tutor who causes the other person to submit or participate by using the actor’s power or influence to exploit the other person’s dependency on the actor; or
(14) the actor is a caregiver hired to assist the other person with activities of daily life and causes the other person to submit or participate by exploiting the other person’s dependency on the actor.
Sec. 22.011. SEXUAL ASSAULT.
(d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party.
(e) It is an affirmative defense to prosecution under Subsection (a)(2):
(1) that the actor was the spouse of the child at the time of the offense; or
(2) that:
(A) the actor was not more than three years older than the victim and at the time of the offense:
(i) was not required under Chapter 62, Code of
Criminal Procedure, to register for life as a sex offender; or
(ii) was not a person who under Chapter 62,
Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and
(B) the victim:
(i) was a child of 14 years of age or older;
and
(ii) was not:
(a) a person whom the actor was
prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; or
(b) a person with whom the actor was
prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02.
Sec. 22.012. INDECENT ASSAULT.
(a) A person commits an offense if, without the other person’s consent and with the intent
to arouse or gratify the sexual desire of any person, the person:
(1) touches the anus, breast, or any part of the
genitals of another person;
(2) touches another person with the anus, breast, or any part of the genitals of any person;
(3) exposes or attempts to expose another person’s genitals, pubic area, anus, buttocks, or female areola; or
(4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person.
Sec. 22.02. AGGRAVATED ASSAULT.
(a) A person commits an offense if the person commits assault as defined in Sec. 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.
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) regardless of whether the person knows the age of the child at the time of the offense, 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 contact the
anus or sexual organ of another person, including the actor; and
(2) if:
(A) the person:
(i) causes serious bodily injury or attempts
to cause the death of the victim or another person in the course of the same criminal episode;
(ii) by acts or words places the victim in
fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any
person;
(iii) by acts or words occurring in the
presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8)
or to cause the death, serious bodily injury, or kidnapping of any person;
(iv) uses or exhibits a deadly weapon in the
course of the same criminal episode;
(v) acts in concert with another who engages
in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or
(vi) with the intent of facilitating the
commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim’s ability to appraise the nature of the act or to resist the act;
(B) the victim is younger than 14 years of age,
regardless of whether the person knows the age of the victim at the time of the offense; or
(C) the victim is an elderly individual or a
disabled individual.
(b) In this section:
(3) “Disabled individual” means a person older than 13 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person’s
self from harm or to provide food, shelter, or medical care for the person’s self.
(c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section
22.011(b).
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, boarding home facility, intermediate care facility
for persons with an intellectual or developmental disability, 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; or
(3) bodily injury.
Sec. 22.04. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL.
(b) An omission that causes a condition described by
Subsection (a)(1), (2), or (3) or (a-1)(1), (2), or (3) is conduct constituting an offense under this section if:
(1) the actor has a legal or statutory duty to act; or
(2) the actor has assumed care, custody, or control of a
child, elderly individual, or disabled individual.
(c) In this section:
(1) “Child” means a person 14 years of age or younger.
(2) “Elderly individual” means a person 65 years of age
or older.
(3) “Disabled individual” means a person:
(A) with one or more of the following:
(i) autism spectrum disorder, as defined by Section 1355.001, Insurance Code;
(ii) developmental disability, as defined by Section 112.042, Human Resources Code;
(iii) intellectual disability, as defined by Section 591.003, Health and Safety Code;
(iv) severe emotional disturbance, as defined by Section 261.001, Family Code;
(v) traumatic brain injury, as defined by Section 92.001, Health and Safety Code; or
(vi) mental illness, as defined by Section 571.003, Health and Safety Code; or
(B) who otherwise by reason of age or physical or
mental disease, defect, or injury is substantially unable to protect the person’s self from harm or to provide food, shelter, or medical care for the person’s self.
(d) For purposes of an omission that causes a condition
described by Subsection (a)(1), (2), or (3), the actor has assumed care, custody, or control if the actor has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that the actor has accepted responsibility for protection, food, shelter, or medical care for a child, elderly individual, or disabled individual. For purposes of an omission that causes a
condition described by Subsection (a-1)(1), (2), or (3), the actor acting during the actor’s capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, or medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility.
Sec. 22.04. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL.
(i) It is an affirmative defense to prosecution under
Subsection (b)(2) that before the offense the actor:
(1) notified in person the child, elderly individual, or
disabled individual that the actor would no longer provide the applicable care described by Subsection (d), and notified in writing the parents or a person, other than the actor, acting in loco parentis to the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d); or
(2) notified in writing the Department of Family and
Protective Services that the actor would no longer provide the applicable care described by Subsection (d).
(j) Written notification under Subsection (i)(2) or (i)(3) is
not effective unless it contains the name and address of the actor, the name and address of the child, elderly individual, or disabled individual, the type of care provided by the actor, and the date the care was discontinued.
(k) It is a defense to prosecution under this section that
the act or omission consisted of:
(1) reasonable medical care occurring under the
direction of or by a licensed physician; or
(2) emergency medical care administered in good faith
and with reasonable care by a person not licensed in the healing arts.
(l) It is an affirmative defense to prosecution under this
section:
(1) that the act or omission was based on treatment in
accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy;
(2) for a person charged with an act of omission causing
to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that:
(A) there is no evidence that, on the date prior to
the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and
(B) the person:
(i) was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title; (ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and
(iii) did not reasonably believe at the time
of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or
(3) that:
(A) the actor was not more than three years older
than the victim at the time of the offense; and
(B) the victim was a nondisabled or disabled child
at the time of the offense.
(m) It is an affirmative defense to prosecution under
Subsections (a)(1), (2), and (3) for injury to a disabled
individual that the person did not know and could not reasonably have known that the individual was a disabled individual, as defined by Subsection (c), at the time of the offense.
22.041. ABANDONING OR ENDANGERING A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL
(b) A person commits an offense if the person, having
custody, care, or control of a child, elderly individual, or
disabled individual, intentionally abandons the child or individual in any place under circumstances that expose the child or individual to an unreasonable risk of harm.
(c) A person commits an offense if the person intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child, elderly individual, or disabled individual in imminent danger of death, bodily injury, or physical or mental impairment.
22.041. ABANDONING OR ENDANGERING A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL
(c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child, elderly individual, or disabled individual 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 person the controlled substance methamphetamine in the presence of the child, elderly individual, or disabled individual;
(2) the person’s conduct related to the proximity or
accessibility of the controlled substance methamphetamine to the child, elderly individual, or disabled individual and an analysis of a specimen of the child’s or individual’s blood, urine, or other bodily substance indicates the presence of methamphetamine in the body of the child or individual; or
(3) the person injected, ingested, inhaled, or otherwise
introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, or Penalty Group 1-B, Section 481.1022, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined
by Section 481.002(24) of that code.
Sec. 22.041. ABANDONING OR ENDANGERING A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL.
(g) It is a defense to prosecution under Subsection (c) that the act or omission enables the child, elderly individual, or disabled individual to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures
are employed in the event.
(h) It is an exception to the application of this section for abandoning or endangering a child that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code.
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.
Sec. 22.06. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT.
(a) The victim’s effective consent or the actor’s reasonable belief that the victim consented to the actor’s 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 membership 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.
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.
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.
Sec. 22.09. TAMPERING WITH CONSUMER PRODUCT.
(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
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.
Sec. 22.11. HARASSMENT BY PERSONS IN CERTAIN 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;
(2) while committed to a civil commitment facility,
causes:
(A) an officer or employee of the Texas Civil
Commitment Office to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal:
(i) while the officer or employee is lawfully
discharging an official duty at a civil commitment facility; or
(ii) in retaliation for or on account of an
exercise of official power or performance of an official duty by the officer or employee; or
(B) a person who contracts with the state to
perform a service in the facility or an employee of that person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal:
(i) while the person or employee is engaged in
performing a service within the scope of the contract, if the actor knows the person or employee is authorized by the state to provide the service; or
(ii) in retaliation for or on account of the
person’s or employee’s performance of a service within the scope of the contract; or
(3) 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’sofficial power or performance of an official duty.
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.
Sec. 25.01. BIGAMY.
(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.
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.
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 of age:
(1) when the person 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;
(2) when the person 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; or
(3) outside of the United States with the intent to
deprive a person entitled to possession of or access to the child of that possession or access and without the permission of that person.
(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.
Sec. 25.03. INTERFERENCE WITH CHILD CUSTODY.
(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.
(c-1) It is an affirmative defense to prosecution under
Subsection (a)(3) that:
(1) the taking or retention of the child was pursuant to
a valid order providing for possession of or access to the child; or
(2) notwithstanding any violation of a valid order
providing for possession of or access to the child, the actor’s retention of the child was due only to circumstances beyond the actor’s control and the actor promptly provided notice or made reasonable attempts to provide notice of those circumstances to the other person entitled to possession of or access to the child.
(c-2) Subsection (a)(3) does not apply if, at the time of the offense, the person taking or retaining the child:
(1) was entitled to possession of or access to the
child; and
(2) was fleeing the commission or attempted commission of family violence, as defined by Section 71.004, Family Code, against the child or the person.
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.
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.
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
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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.
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.
Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS
OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL
ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE.
(a) A person commits an offense if, in violation of a condition
of bond set in a family violence, sexual assault or abuse, indecent
assault, stalking, or trafficking case and related to the safety of
a victim or the safety of the community, an order issued under
Subchapter A, Chapter 7B, Code of Criminal Procedure, 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,
Chapter 85, Family Code, or Subchapter F, Chapter 261, 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 20A.02, 22.011, 22.012, 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;
(4) possesses a firearm;
(5) harms, threatens, or interferes with the care,
custody, or control of a pet, companion animal, or assistance
animal that is possessed by a person protected by the order or
condition of bond;
(6) removes, attempts to remove, or otherwise tampers
with the normal functioning of a global positioning monitoring
system; or
(7) tracks or monitors personal property or a motor vehicle in the possession of a protected individual or of a member
of the family or household of a protected individual, without the
individual’s effective consent, including by:
(A) using a tracking application on a personal
electronic device in the possession of the protected individual or
the family or household member or using a tracking device; or
(B) physically following the protected individual
or family or household member or causing another to physically
follow the individual or member.
(a-1) For purposes of Subsection (a)(5), possession of a pet,
companion animal, or assistance animal by a person means:
(1) actual care, custody, control, or management of a
pet, companion animal, or assistance animal by the person; or
(2) constructive possession of a pet, companion animal,
or assistance animal owned by the person or for which the person
has been the primary caregiver.