Graphic with attorney on right and words Illegal Recruitment of Athlete

Illegal Recruitment of an Athlete

The Illegal Recruitment of an Athlete crime in the state of Texas prohibits athletes from soliciting, accepting or agreeing to accept any money or benefit, outside of the collegiate rules, to attend a particular school. You can also be arrested if police believe you are the person that offered an athlete the money or benefit. Learn more detailed information about the Illegal Recruitment of an Athlete offense below.

Have you been charged with Illegal Recruitment of an Athlete? Call criminal lawyer Paul Saputo at (888) 239-9305.

Illegal Recruitment of an Athlete is classified in the Texas Penal Code under Title 7 “Offenses Against Property”, Chapter 32 “Fraud.”

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

The offense is described in Section 32.441 of the Texas Penal Code. Subsection (a) applies to the athlete, while subsection (b) applies to anyone who is trying to influence the athlete.

(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 Illegal Recruitment of an Athlete?

You can be charged with Illegal Recruitment of an Athlete 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.1 It is also an “exception to prosecution” for the athlete that the athlete reported the illegal recruiting to law enforcement within 60 days.2

What is the punishment for Illegal Recruitment of an Athlete?

If the value of the benefit was less than $100, then a conviction for Illegal Recruitment of an Athlete is punished as a Class C misdemeanor,3 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 is punished as a Class B misdemeanor,4 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 is punished as a Class A misdemeanor,5 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 is punished as a State Jail Felony,6 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 is punished as a Felony of the Third Degree,7 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 is punished as a Felony of the Second Degree,8 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 is punished as a Felony of the First Degree,9 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


Legal References:

1 Texas Penal Code Section 32.441(c)

2 Texas Penal Code Section 32.441(d)

3 Texas Penal Code Section 32.441(e)(1)

4 Texas Penal Code Section 32.441(e)(2)

5 Texas Penal Code Section 32.441(e)(3)

6 Texas Penal Code Section 32.441(e)(4)

7 Texas Penal Code Section 32.441(e)(5)

8 Texas Penal Code Section 32.441(e)(6)

9 Texas Penal Code Section 32.441(e)(7)