22.04
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Injury to a child, elderly individual, or disabled individual.
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(a)
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A
person commits an offense if he intentionally, knowingly, recklessly, or with criminal
negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a
child, elderly individual, or disabled individual:
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(1)
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serious
bodily injury;
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(2)
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serious
mental deficiency, impairment, or injury; or
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(3)
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bodily
injury.
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(b)
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An
omission that causes a condition described by Subsections (a)(1) through (a)(3) is conduct
constituting an offense under this section if:
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(1)
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the actor has a legal or statutory duty to act; or
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(2)
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the
actor has assumed care, custody, or control of a child, elderly
individual, or disabled individual.
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(c)
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In
this section:
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(1)
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"Child" means a person 14 years of age or younger.
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(d)
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The
actor has assumed care, custody, or control if he has by act, words, or course of conduct
acted so as to cause a reasonable person to conclude that he has accepted responsibility
for protection, food, shelter, and medical care for a child, elderly individual, or
disabled individual.
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(e)
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An
offense under Subsection (a)(1) or (2) is a felony of the first degree when the conduct is
committed intentionally or knowingly. When the conduct is engaged in recklessly it shall
be a felony of the second degree.
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(f)
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An
offense under Subsection (a)(3) is a felony of the third degree when the conduct is
committed intentionally or knowingly. When the conduct is engaged in recklessly it shall
be a state jail felony.
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(g)
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An
offense under Subsection (a) when the person acts with criminal negligence shall be a
state jail felony.
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22.041
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Abandoning or endangering child.
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(a)
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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.
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(b)
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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.
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(c)
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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.
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(d)
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Except as provided by Subsection (e), an offense under
Subsection (b) is:
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(1)
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a
state jail felony if the actor abandoned the child with intent to return for the child; or
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(2)
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a
felony of the third degree if the actor abandoned the child without intent to return for
the child.
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(e)
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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.
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(f)
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An
offense under Subsection (c) is a state jail felony.
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(h)
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It
is an affirmative defense to prosecution under Subsection (b) that the actor voluntarily
delivered the child to an emergency medical services provider under Section 262.301,
Family Code.
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