The Texas Misrepresenting a Child as a Family Member at a Port of Entry law creates a criminal offense that makes it illegal to misrepresents a child as a family member to a peace officer or federal special investigator at a port of entry with the intent to commit Trafficking of Persons.
FAQs about the
Misrepresenting a Child as a Family Member at a Port of Entry law in Texas
- What is the current Texas law about Misrepresenting a Child as a Family Member at a Port of Entry?
- How can I be charged with a Misrepresenting a Child as a Family Member at a Port of Entry offense in Texas?
- What is the statute of limitation for Misrepresenting a Child as a Family Member at a Port of Entry in Texas?
- What is the penalty for a Texas Misrepresenting a Child as a Family Member at a Port of Entry offense?
- Can you get probation for Misrepresenting a Child as a Family Member at a Port of Entry in Texas?
- What level of crime is Misrepresenting a Child as a Family Member at a Port of Entry in Texas?
The Texas offense of Trafficking of Persons prohibits human trafficking, inlcuding forced labor and prostitution trafficking.
Have you been charged with Misrepresenting a Child as a Family Member at a Port of Entry? Book a consultation to discuss legal representation with attorneys Paul Saputo and Nicholas Toufexis today.
The Texas legislature enacted this criminal offense in 2019 and codified it in Texas Penal Code Section 37.082. The legislature did not update this law in 2023. In fact, this law has not been amended since its enactment.
The Penal Code codifies the Texas Misrepresenting a Child as a Family Member at a Port of Entry law under Title 8 “Offenses Against Public Administration,” Chapter 37 “Perjury and Other Falsifications.” Learn more about the Texas offense of Misrepresenting a Child as a Family Member at a Port of Entry below.
What is the current Texas law about Misrepresenting a Child as a Family Member at a Port of Entry?
The current Texas law defines the offense of Misrepresenting a Child as a Family Member at a Port of Entry in Penal Code Section §37.082 as follows:[1]
(b) A person commits an offense if the person, with intent to commit an offense under Section 20A.02, knowingly misrepresents a child as a family member of the person to a peace officer or federal special investigator at a port of entry.
This law was created in the 86th Texas Legislative Session in 2019[2] and went into effect on September 1, 2019.[3]
How can I be charged with a Misrepresenting a Child as a Family Member at a Port of Entry offense in Texas?
You can be charged with Misrepresenting a Child as a Family Member at a Port of Entry in Texas if the state’s attorneys believe that each of the elements of 37.081 as described in the section above have been met.
What is the statute of limitation for Misrepresenting a Child as a Family Member at a Port of Entry in Texas?
As a misdemeanor, Misrepresenting a Child as a Family Member at a Port of Entry charges have a two-year limitations period.[4]
What is the penalty for a Texas Misrepresenting a Child as a Family Member at a Port of Entry offense?
Misrepresenting a Child as a Family Member at a Port of Entry will be classified as a Class B misdemeanor, punishable by up to 6 months in jail and up to a $2,000 fine. [5]
Can you get probation for Misrepresenting a Child as a Family Member at a Port of Entry in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Misrepresenting a Child as a Family Member at a Port of Entry, and judges are also allowed to accept deferred adjudication plea deals.[6]
What level of crime is Misrepresenting a Child as a Family Member at a Port of Entry in Texas?
The Penal Code classifies Misrepresenting a Child as a Family Member at a Port of Entry as a Class B misdemeanor.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §37.082. This law is current as of the 88th Legislature Regular Session.^2. HB 888, 86th Legislature, Section 1^3. HB 888, 86th Legislature, Section 2^4. See Code of Criminal Procedure 12.02(a)^5. Texas Penal Code §37.082(c), as passed by HB 888 in the 2019 Texas Legislative Session^6. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .
