The Texas Enticing a Child law gives police the right to arrest you if they believe you enticed or took a child from a parent or guardian with the intent to interfere with the lawful custody of the child.
FAQs about the
Enticing a Child law in Texas
- What is the current Texas law about Enticing a Child?
- How can I be charged with an Enticing a Child offense in Texas?
- What is the statute of limitation for Enticing a Child in Texas?
- What is the penalty for a Texas Enticing a Child offense?
- Can you get probation for Enticing a Child in Texas?
- Do I have to register as a sex offender in Texas if guilty of Enticing a Child?
- What level of crime is Enticing a Child in Texas?
The Texas legislature codified this criminal offense in Texas Penal Code Section 25.04. The legislature did not update this law in 2023. In fact, this law has not been amended since 1999.
The Penal Code codifies the Texas Enticing a Child law under Title 6 “Offenses Against The Family,” Chapter 25 “Offenses Against The Family.” This chapter includes crimes that focus on familial, parent, and spousal relationships. Some of the offenses relate to sexual or violent behavior, while others deal with custody and possession of children. Learn more about the Texas offense of Enticing a Child below.
What is the current Texas law about Enticing a Child?
The current Texas law defines the offense of Enticing a Child in Penal Code Section §25.04 as follows:[1]
(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.
This offense often appears in the context of custody disputes, but it can also apply to strangers taking children.
How can I be charged with an Enticing a Child offense in Texas?
You can be charged with Enticing a Child in Texas if the state’s attorneys believe that each of the elements of 25.04(a) as described in the section above have been met.
What is the statute of limitation for Enticing a Child in Texas?
Misdemeanor level Enticing a Child charges have a two-year limitations period.[2] Felony-level offenses have a three-year limitations period.[3]
What is the penalty for a Texas Enticing a Child offense?
A conviction for Enticing a Child in Texas is punished as a Class B misdemeanor,[4] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days.
The state’s lawyers can obtain an enhanced punishment if they prove to a jury during trial that you intended to commit a felony against the child, in which case a conviction for Enticing a Child is punished as a Felony of the Third Degree,[5] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.
Learn about the differences between grades of felonies and misdemeanors here.
Can you get probation for Enticing a Child in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Enticing a Child, and judges are also allowed to accept deferred adjudication plea deals.[6]
Note, however, that judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.[7]
Do I have to register as a sex offender in Texas if guilty of Enticing a Child?
The Enticing a Child offense does not appear on the list of offenses requiring registration under Chapter 62 of the Texas Code of Criminal Procedure.[8]
However, the legislature can add this offense to the list at any time. If that happens, people convicted of Enticing a Child would have to register, even if the offense did not appear on the list at the time they accepted a deferred adjudication plea (even if later dismissed), pled guilty or were founty guilty.
What level of crime is Enticing a Child in Texas?
The Penal Code classifies the punishment for Enticing a Child as a Class B misdemeanor or third degree felony, depending on the circumstances.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §25.04. This law is current as of the 88th Legislature Regular Session.^2. Code of Criminal Procedure 12.02(a)^3. See Code of Criminal Procedure 12.01(9)^4. Texas Penal Code §25.04(b)^5. Texas Penal Code §25.04(b)^6. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^7. Art. 42A.054(b), Texas Code of Criminal Procedure^8. Code of Criminal Procedure, Article 62.001
