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?
- What is the penalty for a Texas Misrepresenting a Child as a Family Member at a Port of Entry offense?
- 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 limitations for Misrepresenting a Child as a Family Member at a Port of Entry in Texas?
- 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, including forced labor and prostitution trafficking.
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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 2025. In fact, this law has not been amended since its enactment.
The Penal Code classifies 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?
Texas Penal Code §37.082 currently defines Misrepresenting a Child as a Family Member at a Port of Entry 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]
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.[4]
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 has been met.
What is the statute of limitations 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.[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 compiled by attorney Paul Saputo:
