The Enticing a Child crime in the state of Texas gives police the right to arrest you if they believe you interfere with lawful custody of a child under 18 years old by persuading or taking child from parent or guardian. Learn more detailed information about the Enticing a Child offense below.

Enticing a Child is classified in the Texas Penal Code under Title 6 “Offenses Against The Family,” Chapter 25 “Offenses Against The Family.” This article reflects the current state of the law, accurate through the 88th Texas Legislature in 2023. Learn more details about the law 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 is a type of kidnapping offense that applies to people who try to take a child away from their parents. It appears in the context of custody disputes, but it can apply to strangers taking children as well as people who are related to the child.

How can I be charged with Enticing a Child?

You can be charged with Enticing a Child 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 punishment for Enticing a Child?

A conviction for Enticing a Child is punished as a Class B misdemeanor,^[2] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days. Learn about the differences between grades of felonies and misdemeanors

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,^[3] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.

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Legal References:

^1. Texas Penal Code §25.04^2. Texas Penal Code §25.04(b)^3. Texas Penal Code §25.04(b)