Texas Penal Code 25.04 – Enticing a Child
WHAT IS ENTICING A CHILD IN TEXAS?
The Texas law against enticing a child prohibits luring or persuading a child away from a parent or guardian who has legal custody.
WHAT IS THE ENTICING A CHILD LAW IN TEXAS?
Tex. Penal Code § 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.
WHAT IS THE PENALTY CLASS FOR ENTICING A CHILD IN TEXAS?
In most circumstances, enticing a child is a Class B misdemeanor, punishable by up to 180 days in county jail. It becomes a third degree felony, punishable by two to ten years in prison, if the accused intended to commit a felony against the child after taking custody.
WHAT IS THE PUNISHMENT RANGE FOR ENTICING A CHILD IN TEXAS?
The punishment range for enticing a child charged as a third degree felony is between two and ten years, and a maximum fine of $10,000. Enticing a child charged as a Class B misdemeanor carries a possible 180 days in jail, and a maximum $2,000 fine.
WHAT ARE THE PENALTIES FOR ENTICING A CHILD IN TEXAS?
A person charged with enticing a child may be eligible for probation after a conviction, or deferred adjudication without a conviction. If charged as a Class B misdemeanor, the period of community supervision may not exceed two years. A person charged with a third degree felony may be placed on community supervision for up to ten years.
WHAT ARE THE DEFENSES TO ENTICING A CHILD IN TEXAS?
The justification defense of necessity may be raised during a prosecution for enticing a child. A person may also attempt to negate one of the elements the State must prove at trial. For example, the accused may assert the person who had the child did not have lawful custody.
WHAT IS THE STATUTE OF LIMITATIONS FOR ENTICING A CHILD IN TEXAS?
The limitation period for enticing a child charged as a Class B misdemeanor is two years. When enticing a child is a third degree felony, the limitation period is three years.
ENTICING A CHILD IN TEXAS
The legislature enacted the law against enticing a child to punish people, especially potential predators, for luring minor children away from their parent, guardian, or other caretaker.
TEXAS ENTICING A CHILD COURT CASES
The case law regarding enticing a child in Texas demonstrates the statute’s application.
- What if the child went with the person voluntarily? Texas courts have held that a child going with the accused voluntarily, or asking to be taken, is not a defense. For example, in Little v. State, a sixteen-year-old girl became enthralled with religious teachings of her boyfriend’s parents, who were encouraging her to move in with them. The girl’s mother eventually forbade contact with the boyfriend and his parents, but the parents continued to reach the girl by phone, letter, and in person. The girl eventually left home to live with them, and the couple was convicted of enticing a child. The appellate court affirmed.
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WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
CHARGES DISMISSED
DWI 2nd
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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