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Texas Penal Code - Section 25.03. Interference With Child Custody

Legal Research Home > Texas Lawyer > Penal Code > Texas Penal Code - Section 25.03. Interference With Child Custody

§ 25.03. INTERFERENCE WITH CHILD CUSTODY.  (a) A person 
commits an offense if the person takes or retains a child younger 
than 18 years when the person:
		(1)  knows that the person's taking or retention 
violates the express terms of a judgment or order of a court 
disposing of the child's custody;  or
		(2)  has not been awarded custody of the child by a 
court of competent jurisdiction, knows that a suit for divorce or a 
civil suit or application for habeas corpus to dispose of the 
child's custody has been filed, and takes the child out of the 
geographic area of the counties composing the judicial district if 
the court is a district court or the county if the court is a 
statutory county court, without the permission of the court and 
with the intent to deprive the court of authority over the child.
	(b)  A noncustodial parent commits an offense if, with the 
intent to interfere with the lawful custody of a child younger than 
18 years, the noncustodial parent knowingly entices or persuades 
the child to leave the custody of the custodial parent, guardian, or 
person standing in the stead of the custodial parent or guardian of 
the child.
	(c)  It is a defense to prosecution under Subsection (a)(2) 
that the actor returned the child to the geographic area of the 
counties composing the judicial district if the court is a district 
court or the county if the court is a statutory county court, within 
three days after the date of the commission of the offense.
	(d)  An offense under this section is a state jail felony.                     

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1979, 66th Leg., p. 1111, ch. 527, § 1, eff. Aug. 
27, 1979;  Acts 1987, 70th Leg., ch. 444, § 1, eff. Sept. 1, 1987;  
Acts 1989, 71st Leg., ch. 830, § 1, eff. Sept. 1, 1989;  Acts 
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;  Acts 2001, 
77th Leg., ch. 332, § 1, eff. May 24, 2001.

Last modified: August 11, 2007