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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.

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