Texas Penal Code 25.10 – Interference with Rights of Guardian of the Persons

Attorney Trey Porter
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Texas Penal Code 25.10 – Interference with Rights of Guardian of the Persons

WHAT IS INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON IN TEXAS?

Interference with a guardian’s possessory rights is taking physical custody of the guardian’s “ward,” or person for whom the guardian is legally responsible.

Texas Penal Code 25.10 – Interference with Rights of Guardian of the Persons

  • What is a ward? A ward is legally defined as a person for whom a guardian has been appointed. Generally, courts appoint guardians to have physical custody and provide necessary care to elderly persons and persons with disabilities who cannot care for themselves.

WHAT IS THE INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON LAW IN TEXAS?

Tex. Penal Code § 25.10. INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON.

(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.

WHAT IS THE PENALTY CLASS FOR INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON IN TEXAS?

Interfering with the rights of a person’s guardian is a state jail felony, punishable by 180 days to two years in a state jail facility.

WHAT IS THE PUNISHMENT RANGE FOR INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON IN TEXAS?

The punishment range for interference with rights of a guardian, a state jail felony, is between 180 days and two years in state jail, and up to a $10,000 fine.

WHAT ARE THE PENALTIES FOR INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON IN TEXAS?

As an alternative to jail time, a person may be placed on either probation or deferred adjudication for up to five years.

WHAT ARE THE DEFENSES TO INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON IN TEXAS?

The statute creates an affirmative defense for a person acting under the legal authority of the Texas Family Code or the Human Resources Code. Those collections of laws authorize, for example, an employee of a protective services agency to remove an elderly or disabled individual living in a facility, if the person is investigating abusive conditions in the facility.

WHAT IS THE STATUTE OF LIMITATIONS FOR INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON IN TEXAS?

The statute of limitations for interference with the rights of a person’s guardian, a state jail felony, is three years.

INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON IN TEXAS

Taking physical custody of an elderly or disabled individual, in violation of a court order appointing a different person as a guardian, is against the law.

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