The Texas offense of Boating While Intoxicated With A Child Passenger gives police the right to arrest you if they believe you are intoxicated while operating any kind of watercraft that has a child under 15 years old on it.

This law was passed in 2023 in the wake of the Alex Murdaugh case, which seems to have partially stemmed from a boating accident involving children.

This law mirrors both the Driving While Intoxicated With Child Passenger law at Penal Code Section 49.045, in that it requries the state to prove both intoxication and a child passenger, as well as the Boating While Intoxicated law at 49.06 in that boating is the regulated operation (instead of driving). Learn more about the Boating While Intoxicated With A Child Passenger offense below.

What is the current Texas law about Boating While Intoxicated With A Child Passenger?

The current Texas law defines the offense of Boating While Intoxicated with a Child Passenger in Penal Code Section §49.061 as follows:^[1]

(a) A person commits an offense if:

(1) the person is intoxicated while operating a watercraft; and

(2) the watercraft being operated by the person is occupied by a passenger who is younger than 15 years of age.

The 88th Texas Legislature passed this law in 2023,^[2], effective September 1, 2023.^[3]

How can I be charged with Boating While Intoxicated With A Child Passenger?

You can be charged with Boating While Intoxicated With A Child Passenger if the state’s attorneys believe that each of the elements of 49.061 as described in the section above have been met.

What is the punishment for Boating While Intoxicated With A Child Passenger?

Boating While Intoxicated With A Child Passenger is punished as a state jail felony ^[4]

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Legal References:

^1. Texas Penal Code §49.061^2. HB 1163, 88th Texas Legislature, Section 1^3. HB 1163, 88th Texas Legislature, Section 19^4. Texas Penal Code §49.061(b)