Enticing a Child

Chapter 25 of the Texas Penal Code places restrictions and guidelines on offenses dealing with the family.

“Enticing a child”, as per § 25.04 of the Texas Penal Code, occurs when a person, with the intent to interfere with the lawful custody of a child younger than 18 years, knowingly entices, persuades, or takes the child from the custody of the parent or guardian or person standing in the stead of the parent or guardian of such child.

An offense under this section is a Class B misdemeanor, unless it is shown on the trial of the offense that the actor intended to commit a felony against the child, in which event an offense under this section is a felony of the third degree.

Punishment Range

Misdemeanor B

  • Confinement in jail for a term not to exceed 180 days
  • Fine not to exceed $2,000
  • Both such fine and confinement

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years
  • In addition to imprisonment, may receive a fine not to exceed $10,000

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