Improper Contact with Victim

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

“Improper Contact with Victim”, as per § 38.111 of the Texas Penal Code, occurs when a person, while confined in a correctional facility after being charged with or convicted of an offense listed in Article 62.001(5), Code of Criminal Procedure, contacts by letter, telephone, or any other means, either directly or through a third party, a victim of the offense or a member of the victim's family, if:

  • the victim was younger than 17 years of age at the time of the commission of the offense for which the person is confined; and
  • the director of the correctional facility has not, before the person makes contact with the victim:
  • received written and dated consent to the contact from; a parent of the victim, a legal guardian of the victim, the victim, if the victim is 17 years of age or older at the time of giving the consent, or a member of the victim's family who is 17 years of age or older; and
  • provided the person with a copy of the consent.

An offense under this section is a Class A misdemeanor unless the actor is confined in a correctional facility after being convicted of a felony described by Subsection (a), in which event the offense is a felony of the third degree.

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

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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