Texas Penal Code - Section 38.111. Improper Contact With Victim
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Texas Lawyer > Penal Code > Texas Penal Code - Section 38.111. Improper Contact With Victim
§ 38.111. IMPROPER CONTACT WITH VICTIM. (a) A person
commits an offense if the 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:
(1) 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
(2) the director of the correctional facility has not,
before the person makes contact with the victim:
(A) received written and dated consent to the
contact from:
(i) a parent of the victim;
(ii) a legal guardian of the victim;
(iii) the victim, if the victim is 17 years
of age or older at the time of giving the consent; or
(iv) a member of the victim's family who is
17 years of age or older; and
(B) provided the person with a copy of the
consent.
(b) The person confined in a correctional facility may not
give the written consent required under Subsection (a)(2)(A).
(c) It is an affirmative defense to prosecution under this
section that the contact was:
(1) indirect contact made through an attorney
representing the person in custody; and
(2) solely for the purpose of representing the person
in a criminal proceeding.
(d) 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.
Added by Acts 2001, 77th Leg., ch. 1337, § 1, eff. Sept. 1, 2001.
Amended by Acts 2005, 79th Leg., ch. 1008, § 2.11, eff. Sept. 1,
2005.
Section: 38.05 38.06 38.07 38.08 38.09 38.10 38.11 38.111 38.112 38.113 38.114 38.12 38.122 38.123 38.13
Last modified: August 11, 2007
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