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Texas Penal Code - Section 22.041. Abandoning Or Endangering Child

Legal Research Home > Texas Laws > Penal Code > Texas Penal Code - Section 22.041. Abandoning Or Endangering Child

§ 22.041. ABANDONING OR ENDANGERING CHILD.  (a) In this 
section, "abandon" means to leave a child in any place without 
providing reasonable and necessary care for the child, under 
circumstances under which no reasonable, similarly situated adult 
would leave a child of that age and ability.
	(b)  A person commits an offense if, having custody, care, or 
control of a child younger than 15 years, he intentionally abandons 
the child in any place under circumstances that expose the child to 
an unreasonable risk of harm.
	(c)  A person commits an offense if he intentionally, 
knowingly, recklessly, or with criminal negligence, by act or 
omission, engages in conduct that places a child younger than 15 
years in imminent danger of death, bodily injury, or physical or 
mental impairment.
	(c-1)  For purposes of Subsection (c), it is presumed that a 
person engaged in conduct that places a child in imminent danger of 
death, bodily injury, or physical or mental impairment if the 
person manufactured the controlled substance methamphetamine in 
the presence of the child.
	(d)  Except as provided by Subsection (e), an offense under 
Subsection (b) is:
		(1)  a state jail felony if the actor abandoned the 
child with intent to return for the child;  or
		(2)  a felony of the third degree if the actor abandoned 
the child without intent to return for the child.
	(e)  An offense under Subsection (b) is a felony of the 
second degree if the actor abandons the child under circumstances 
that a reasonable person would believe would place the child in 
imminent danger of death, bodily injury, or physical or mental 
impairment.
	(f)  An offense under Subsection (c) is a state jail felony.                   
	(g)  It is a defense to prosecution under Subsection (c) that 
the act or omission enables the child to practice for or participate 
in an organized athletic event and that appropriate safety 
equipment and procedures are employed in the event.
	(h)  It is an exception to the application of this section 
that the actor voluntarily delivered the child to a designated 
emergency infant care provider under Section 262.302, Family Code.

Added by Acts 1985, 69th Leg., ch. 791, § 1, eff. Sept. 1, 1985.  
Amended by Acts 1989, 71st Leg., ch. 904, § 1, eff. Sept. 1, 
1989;  Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;  
Acts 1997, 75th Leg., ch. 687, § 1, eff. Sept. 1, 1997;  Acts 
1999, 76th Leg., ch. 1087, § 3, eff. Sept. 1, 1999;  Acts 2001, 
77th Leg., ch. 809, § 7, eff. Sept. 1, 2001;  Acts 2005, 79th 
Leg., ch. 282, § 10, eff. Aug. 1, 2005.

Last modified: August 11, 2007