False Statement Regarding Child Custody Determination Made in Foreign Country: Texas Penal Code §37.14

The Texas False Statement Regarding Child Custody Determination Made in Foreign Country law gives police the right to arrest you if they believe you made a false a statement relating to a child custody determination made in a foreign country in certain family court hearings.

The Texas legislature codified this criminal offense in Texas Penal Code Section 37.14. The legislature did not update this law in 2023. In fact, this law has not been amended since it was enacted in 2011.

The Penal Code codifies the Texas False Statement Regarding Child Custody Determination in Foreign Country law under Title 8 “Offenses Against Public Administration,” Chapter 37 “Perjury and Other Falsifications.” Learn more about the Texas offense of False Statement Regarding Child Custody Determination Made in Foreign Country below.

What is the current Texas law about False Statement Regarding Child Custody Determination Made in Foreign Country?

The current Texas law defines the offense of False Statement Regarding Child Custody Determination Made in Foreign Country in Penal Code Section §37.14 as follows:^[1]

(b) A person commits an offense if the person knowingly makes or causes to be made a false statement relating to a child custody determination made in a foreign country during a hearing held under Chapter 152 or Subchapter I, Chapter 153, Family Code.

How can I be charged with a False Statement Regarding Child Custody Determination in Foreign Country offense in Texas?

You can be charged with False Statement Regarding Child Custody Determination Made in Foreign Country in Texas if the state’s attorneys believe that each of the elements of 37.14 as described in the section above have been met.

What is the statute of limitation for False Statement Regarding Child Custody Determination in Foreign Country in Texas?

False Statement Regarding Child Custody Determination in Foreign Country offenses have a three-year limitations period.^[2]

What is the penalty for a Texas False Statement Regarding Child Custody Determination in Foreign Country offense?

A conviction for False Statement Regarding Child Custody Determination Made in Foreign Country in Texas 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. Learn about the differences between grades of felonies and misdemeanors here.

Can you get probation for False Statement Regarding Child Custody Determination in Foreign Country in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for False Statement Regarding Child Custody Determination in Foreign Country, and judges are also allowed to accept deferred adjudication plea deals.^[4]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[5] Also, 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.^[6]

What level of crime is False Statement Regarding Child Custody Determination in Foreign Country in Texas?

The Penal Code classifies False Statement Regarding Child Custody Determination in Foreign Country as a third degree felony.

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

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Legal References:

^1. Texas Penal Code §37.14. This law is current as of the 88th Legislature Regular Session.^2. See Code of Criminal Procedure 12.01(9)^3. Texas Penal Code §37.14(c)^4. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^5. Art. 42A.053(c), Texas Code of Criminal Procedure^6. Art. 42A.054(b), Texas Code of Criminal Procedure