Illegal Recruitment of an Athlete: Texas Penal Code §32.441

The Texas Illegal Recruitment of an Athlete law prohibits athletes from soliciting, accepting, or agreeing to accept any money or benefit to attend a particular school without the consent of the governing body of an institution of higher education.

The statute also covers being on the other side of that transaction – being the one who offers, confers, or agrees to confer the benfit or money to an athlete.

The Texas legislature codified this criminal offense in Texas Penal Code Section 32.441. The legislature did not update this law in 2023. Interestingly, this law has not been amended since 2015, even after the NCAA’s NIL reforms in 2021.

The Penal Code classifies the Texas Illegal Recruitment of an Athlete law under Title 7 “Offenses Against Property,” Chapter 32 “Fraud.” Learn more about the Texas offense of Illegal Recruitment of an Athlete below.

What is the current Texas law about Illegal Recruitment of an Athlete?

Texas law currently defines the offense of Illegal Recruitment of an Athlete in Penal Code Section §32.441 as follows:^[1]

(a) A person commits an offense if, without the consent of the governing body or a designee of the governing body of an institution of higher education, the person intentionally or knowingly solicits, accepts, or agrees to accept any benefit from another on an agreement or understanding that the benefit will influence the conduct of the person in enrolling in the institution and participating in intercollegiate athletics.

(b) A person commits an offense if he offers, confers, or agrees to confer any benefit the acceptance of which is an offense under Subsection (a).

How can I be charged with an Illegal Recruitment of an Athlete offense in Texas?

You can be charged with Illegal Recruitment of an Athlete in Texas if the state’s attorneys believe that you engaged in activities that were described by either 32.441(a) or 32.441(b) as in the section above. However, it is an “exception to prosecution” that, even though you were involved in the “illegal recruiting,” you were close relatives.^[2] It is also an “exception to prosecution” for the athlete that the athlete reported the illegal recruiting to law enforcement within 60 days.^[3]

What is the statute of limitation for Illegal Recruitment of an Athlete in Texas?

Misdemeanor level Illegal Recruitment of an Athlete charges have a two-year limitations period.^[4] Felony level offenses have a three-year limitations period.^[5]

What is the penalty for a Texas Illegal Recruitment of an Athlete offense?

If the value of the benefit was less than $100, then a conviction for Illegal Recruitment of an Athlete in Texas is punished as a Class C misdemeanor,^[6] with a maximum possible fine under Texas state law of up to $500.

If the value of the benefit was $100 or more but less than $750, then a conviction for Illegal Recruitment of an Athlete in Texas is punished as a Class B misdemeanor,^[7] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days.

If the value of the benefit was $750 or more but less than $2,500, then a conviction for Illegal Recruitment of an Athlete in Texas is punished as a Class A misdemeanor,^[8] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.

If the value of the benefit was $2,500 or more but less than $30,000, then a conviction for Illegal Recruitment of an Athlete in Texas is punished as a State Jail Felony,^[9] with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to 2 years.

If the value of the benefit was $30,000 or more but less than $150,000, then a conviction for Illegal Recruitment of an Athlete in Texas is punished as a Felony of the Third Degree,^[10] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.

If the value of the benefit was $150,000 or more but less than $300,000, then a conviction for Illegal Recruitment of an Athlete in Texas is punished as a Felony of the Second Degree,^[11] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years.

If the value of the benefit was $300,000 or more, then a conviction for Illegal Recruitment of an Athlete in Texas is punished as a Felony of the First Degree,^[12] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 99 years or life.

Learn about the differences between grades of felonies and misdemeanors here.

Can you get probation for Illegal Recruitment of an Athlete in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Illegal Recruitment of an Athlete, and judges are also allowed to accept deferred adjudication plea deals.^[13]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[14] 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.^[15]

What level of crime is Illegal Recruitment of an Athlete in Texas?

The Penal Code classification of the punishment for Illegal Recruitment of an Athlete ranges from a Class C misdemeanor to a first degree felony, depending on the value of the benefit.

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

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Legal References:

^1. Texas Penal Code §32.441. This law is current as of 2024.^2. Texas Penal Code §32.441(c)^3. Texas Penal Code §32.441(d)^4. Code of Criminal Procedure 12.02(a)^5. See Code of Criminal Procedure 12.01(9)^6. Texas Penal Code §32.441(e)(1)^7. Texas Penal Code §32.441(e)(2)^8. Texas Penal Code §32.441(e)(3)^9. Texas Penal Code §32.441(e)(4)^10. Texas Penal Code §32.441(e)(5)^11. Texas Penal Code §32.441(e)(6)^12 Texas Penal Code §32.441(e)(7)^13. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^14. Art. 42A.053(c), Texas Code of Criminal Procedure^15. Art. 42A.054(b), Texas Code of Criminal Procedure