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Failure to Stop or Report Aggravated Sexual Assault of a Child

Chapter 38 of the Texas Penal Code defines offenses relating to the obstruction of governmental operation.

“Failure to Stop or Report Aggravated Sexual Assault of a Child”, as per § 38.16 of the Texas Penal Code, occurs when a person, other than a person who has a relationship with a child described by Section 22.04(b):

  • the actor observes the commission or attempted commission of an offense prohibited by Section 21.02 or 22.021(a)(2)(B) under circumstances in which a reasonable person would believe that an offense of a sexual or assaultive nature was being committed or was about to be committed against the child;
  • actor fails to assist the child or immediately report the commission of the offense to a peace officer or law enforcement agency; and
  • the actor could assist the child or immediately report the commission of the offense without placing the actor in danger of suffering serious bodily injury or death.

An offense under this section is a Class A misdemeanor.

Punishment Range

Misdemeanor A

  • Confinement in jail for a term not to exceed one year
  • Fine not to exceed $4,000
  • Both such fine and confinement

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