Failure to Stop or Report Sexual or Assaultive Offense Against Child: Texas Penal Code §38.17

The Texas Failure to Stop or Report Sexual or Assaultive Offense Against Child law makes it illegal to fail to assist a child or immediately report to law enforcement when you observe the commission or attempted commission of an offense under circumstances in which a “reasonable person” would “believe” a sexual or assaultive offense is being committed or about to be committed against the child, provided you could assist or report without placing yourself in danger of serious bodily injury or death.

Originally, this offense was entitled Failure to Stop or Report Aggravated Sexual Assault of Child. The legislature amended the offense in 2025, changing the name to Failure to Stop or Report Sexual or Assaultive Offense Against Child. For conduct occurring after September 1, 2025, the observation requirement is not limited to Aggravated Sexual Assault or Continuous Sexual Abuse of Young Child or Children—any sexual or assaultive offense against a child is covered.

For conduct prior to September 1, 2025, this law would apply only if you personally observed the commission or attempted commission of either Aggravated Sexual Assault or Continuous Sexual Abuse of Young Child or Children.

In order to obtain a conviction for this offense, the state’s attorneys must also prove that you could have assisted the child or immediately reported the commission of the offense without placing yourself in danger of suffering serious bodily injury or death.

Prior to the 2025 amendments, this law did not apply to people who have a heightened responsibility for the child (like a parent or guardian or teacher), as described below. Those individuals could be prosecuted under other statutes—most notably Injury to a Child—and there is also a separate offense for Failure to Report Child Abuse or Neglect.

However, effective September 1, 2025, this law applies even if you have a relationship with the child described in Penal Code §22.04(b), and the state may prosecute under this section, another law, or both.

The Texas legislature codified this criminal offense in Texas Penal Code Section 38.17 and amended it in 2025 to expand the scope, change the offense title, increase the penalty, and authorize prosecution under this section, another law, or both; the changes apply to offenses committed on or after September 1, 2025.

The Penal Code classifies the Texas Failure to Stop or Report Sexual or Assaultive Offense Against Child law under Title 8 “Offenses Against Public Administration,” Chapter 38 “Obstructing Governmental Operation.” Learn more about the Texas offense of Failure to Stop or Report Sexual or Assaultive Offense Against Child below.

What is the current Texas law about Failure to Stop or Report Sexual or Assaultive Offense Against Child?

AV Preeminent Texas lawyer Paul Saputo provides the current law defining Failure to Stop or Report Sexual or Assaultive Offense Against Child in Penal Code Section §38.17, as follows:^[1]

(a) A person commits an offense if:

(1) the actor observes the commission or attempted commission of an offense under circumstances in which a reasonable person would believe that an offense of a sexual or assaultive nature was being committed or was about to be committed against a child;

(2) the actor fails to assist the child or immediately report the commission of the offense to a peace officer or law enforcement agency; and

(3) the actor could assist the child or immediately report the commission of the offense without placing the actor in danger of suffering serious bodily injury or death.

For conduct occurring before September 1, 2025, former §38.17(a) excluded people who have a relationship with a child described by §22.04(b). Section 22.04 defines Injury to a Child and identifies those with special duties to a child. Those individuals could be prosecuted under Injury to a Child or under the separate offense of Failure to Report Child Abuse or Neglect.

Under the current law, Subsection (a) no longer excludes people described by Penal Code §22.04(b); those individuals can be prosecuted under §38.17, another law, or both. ^[2]

Subsection (a)(1) applies when you observe conduct or an attempt under circumstances in which a reasonable person would believe a sexual or assaultive offense is being committed or about to be committed against a child, and that standard limits the duty to assist or report. However, subsection (a)(1) limits your obligation to report such behavior to instances in which a “reasonable person would believe” the commission of those offense is occurring or might occur.

What is the penalty for a Texas Failure to Stop or Report Sexual or Assaultive Offense Against Child offense?

For conduct on or after September 1, 2025, a conviction is a third-degree felony.^[3] For conduct before that date, the prior law applies and the offense remains a Class A misdemeanor.^[4]

Who are the people who have an enhanced duty to report child abuse?

You have an enhanced duty to report child abuse if you’re described by Penal Code Section 22.04(b). Penal Code Section 22.04 defines the Injury to a Child statute, and subsection (b) says you have an enhanced duty to report if (1) you have a legal or statutory duty to act in defense of the child (like a teacher or other professional); or (2) you have assumed care, custody, or control of a child (this covers parents and guardians in addition to babysitters or anyone else who is taking care of the child).

How can I be charged with a Failure to Stop or Report Sexual or Assaultive Offense Against Child offense in Texas?

You can be charged with Failure to Stop or Report Sexual or Assaultive Offense Against Child in Texas if the state’s attorneys believe that each of the elements of §38.17(a) as described in the section above have been met.

You do not need to have any special relationship with a child to be charged under §38.17. For conduct on or after September 1, 2025, even individuals described in §22.04(b) (such as caretakers or teachers) may be prosecuted under this section, another law, or both; for earlier conduct, prosecutors typically relied on other statutes such as Injury to a Child.

What is the statute of limitations for Failure to Stop or Report Sexual or Assaultive Offense Against Child in Texas?

Beginning September 1, 2025, this offense has no statute of limitations.^[5]

However, this change only applies to offenses alleged to have occurred after September 1, 2025. If the alleged offense became time-barred before September 1, 2025, it remains barred even under the new law.^[6]

For offenses committed before that date, the misdemeanor limitations rule continues to apply.^[7]

Can you get probation for Failure to Stop or Report Sexual or Assaultive Offense Against Child in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Failure to Stop or Report Sexual or Assaultive Offense Against Child, and judges are also allowed to accept deferred adjudication plea deals.^[8]

Do I have to register as a sex offender in Texas if guilty of Failure to Stop or Report Sexual or Assaultive Offense Against Child?

The Failure to Stop or Report Sexual or Assaultive Offense Against Child offense does not appear on the list of offenses requiring registration under Chapter 62 of the Texas Code of Criminal Procedure.^[9]

However, the legislature can add this offense to the list at any time. If that happens, people convicted of Failure to Stop or Report Sexual or Assaultive Offense Against 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 found guilty.

What level of crime is Failure to Stop or Report Sexual or Assaultive Offense Against Child in Texas?

The Penal Code classifies Failure to Stop or Report Sexual or Assaultive Offense Against Child as a third-degree felony for conduct on or after September 1, 2025. Violations of this offense for conduct before that date remain a Class A misdemeanor.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §38.17. This law is current as of 2025.^2. HB 1778, 89th Legislature (RS), Sections 4.06^3. Texas Penal Code §38.17(b), as amended by HB 1778, 89th Legislature (RS), Section 4.06^4. HB 1778, 89th Legislature (RS), Section 4.09^5. Code of Criminal Procedure art. 12.01(1)(A), as amended by HB 1778, 89th Texas Legislature (RS), Section 4.01^6. HB 1778, 89th Texas Legislature (RS), Sections 4.07 & 4.09^7. HB 1778, 89th Texas Legislature (RS), Section 4.09^8. See Chapter 42A, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^9. Code of Criminal Procedure, Article 62.001