Under Texas law, child abuse is always a crime, but only certain acts count as abuse, and there may also be other types of criminal offenses involving children that are not charged as child abuse. If you’re facing criminal penalties for child abuse-related acts, you need to understand the charges you could be facing.
By learning about Texas child abuse charges, you can better prepare for the legal process ahead. Keep reading to learn more about the charges you could face for suspected child abuse.
Key Takeaways
- Harming, endangering, and neglecting a child may each lead to criminal charges in Texas, including offenses involving sexual abuse and continuous violence.
- Specific crimes include injury to a child, criminal nonsupport, abandonment, and sexual assault.
- The penalties for child abuse cases can range from misdemeanor charges for temporary abandonment to first-degree felonies in cases involving imminent danger and intentional abuse.
- If you’re facing child abuse charges in Texas, you should get help from an experienced San Antonio child abuse lawyer.
How the Texas Penal Code Defines Child Abuse, Neglect, and Abandonment
Rather than having a single charge related to child abuse, the Texas Penal Code reconizes a range of different types of criminal acts, abuse, or neglect committed against children, with children being anyone under the age of 14. A few of the most common types of criminal offenses involving children in Texas include:
- Injury to a Child – Texas law defines this offense as knowingly or neglgently causing bodily injury or severe bodily injury, or causing serious mental or emotional injury resulting in observable and material impairment in psychological functioning.
- Neglect – Legally referred to as criminal nonsupport, neglect includes intentionally or knowingly failing to provide the support needed for your child’s growth and well being.
- Abandonment – You may face punishment for abandonment charges if you leave your child without necessary care in a situation in which a reasonable person would not leave their child. This offense typically applies to caregivers, such as the child’s parents or other adults with control over the child.
- Abandonment in a Vehicle – The law also seeks to protect children under the age of seven from being left unattended in vehicles for longer than five minutes. Leaving your young child unattended could lead to charges.
- Sexual Assault – Sexual acts with a child involving genitals or penetration is considered sexual assault under Texas law. A child sexual assault lawyer can help.
- Continuous Family Violence – Two or more acts of violence against a household member within a 12 month period may result in a charge for continuour family violence.
Keep in mind that this is not an exhaustive list of the types of charges you may face for criminal acts involving children, with less common child-abuse offenses including sex trafficking and enticement. Criminal liability also isn’t the only thing you’ll need to worry about: you may be subject to civil or criminal liability, or both, for alleged abuse.
You should also note that many of the offenses above, including injury to a child and abandonment, also apply to criminal acts against elderly and disabled individuals. Abandoning or causing physical or mental harm to a disabled or elderly individual are also punishable under Texas law.
About Mandatory Reporting Offenses
Another criminal charge that you may face related to child abuse is related to failing to report or stop child abuse. There are two things to consider: first, anyone can face a charge if they see child abuse or suspect child abuse and fail to take action to report or stop the abuse from continuing. Second, there are specific types of professionals who are required to report signs of abuse to the state, including teachers, healthcare providers, and daycare workers. While everyone must report suspected crimes against children, mandatory reporters may face special penalties.
Charges for Child Abuse in Texas
If you commit acts that the law considers child abuse, you may face prison time, fines, family court impacts, and involvement from Child Protective Services. Depending on your circumstances, you could face mandatory sex offender registration as well as a permanent criminal record, impacting your reputation, employment opportunities, and more. The Texas Penal Code provides specific guidelines on the punishment for each of the charges defined above:
- Injury to a Child – State jail felony when committed negligently without substantial harm, third-degree felony when committed intentionally or knowingly without serious harm, second-degree felony for serious physical injury and harm caused by recklessness, first-degree felony for serious injury and harm caused intentionally or knowingly
- Neglect – State jail felony
- Abandonment – State jail felony if there was intent to return or if the case involved a non-custodial caregiver, third-degree felony if there was no intent to return and no imminent risk of harm, second-degree felony if there was an imminent risk of harm to the child
- Abandonment in a Vehicle – Class C misdemeanor
- Sexual Assault Involving a Child – First-degree felony
- Continuous Family Violence – Third-degree felony
- Failure to Report Suspected Abuse – Class A misdemeanor, state jail felony if there was an intent to conceal abuse or for cases involving children with intellectual disabilities
The criminal justice system accounts for aggravating factors like repeated offenses and special victims. Depending on the elevating circumstances in your case, you may face higher penalties for the same offense. To learn more about the penalties for your child abuse offenses in Texas, you need help from a capable San Antonio domestic abuse lawyer.
Facing a Criminal Investigation for Child Abuse? Get Legal Help in San Antonio
Child abuse charges can easily lead to serious penalties, including long prison sentences or even life imprisonment. To determine the right path forward in child abuse cases, it’s important to get the legal help you need from an experienced child abuse attorney. A capable lawyer can investigate your case and build a strong argument to reduce or eliminate your charges.
Here at the Law Office of John G. Perez Jr., our legal team works tirelessly to help those charged with abuse fight for a favorable outcome. We’re ready to help you defend your freedom, reputation, and parental rights.