What Are the Charges and Punishments for Child Abuse or Neglect in Texas?

Under Texas law (penal code 22.04), child abuse/neglect is defined as mental, emotional, or physical injury to a child that impairs their development, growth, or psychological functioning.

This definition is very broad. For example, if you place a child in an abusive situation, you’re committing child abuse. If you fail to remove a child from an abusive situation, you’re also committing child abuse. Other examples of child abuse include intentionally neglecting to provide food, clothing, shelter, and medical care to the child, engaging in or promoting any type of sexual activity involving the child, and administering a controlled substance (not prescribed by a licensed physician) that affects the child’s physical or mental state.

In this article, we’ll take a closer look at the charges for child abuse/neglect. Keep reading.

1. The Penalties 

Generally, anyone under the age of 17 is considered a child. However, if the victim is under the age of 14 and the perpetrator commits specific acts, the minimum jail time is increased to 25 years. If the victim is 15 or older, the perpetrator may face general assault charges instead of charges of child abuse.

Punishment for child abuse becomes more severe with intent. If you unintentionally commit child abuse where there’s no physical assault, you’ll likely face a misdemeanor charge that brings about a few thousands of dollars in fines and/or time in jail.

If the prosecutor proves that you intended to commit the abuse, the charges escalate to various levels of felony charges.

When child abuse has a sexual component like indecency, the law holds the definition of a child at younger than 17 years old. In this case, the abuser will face a charge of second-degree felony, which is punishable by between two and 20 years in prison and a maximum fine of $10,000.

Any individual who knowingly or intentionally causes harm to a child is charged with a first-degree felony. This entails up to 99 years in prison and a fine of up to $10,000.

If the child has been threatened so that a sexual act can be easily committed, the perpetrator is charged with aggravated assault of a child. This is a first-degree felony that holds a sentence of five years to life in prison (not to mention additional fines).

2. Who Can Be Charged with Child Abuse?

 

The following individuals can be charged with child abuse/neglect:

· Parent

· Guardian

· Foster parent

· A person from the child’s household or family

· A person linked to the child’s parents (boyfriend, girlfriend, roommate, co-worker, etc.)

· School personnel

· Employee/volunteer at childcare/daycare facilities

· Teacher

· Nurse

· Doctor

· Reproductive service provider

· Juvenile probation, correctional, and detention officers

3. I Was Wrongfully Charged with Child Abuse/Neglect in Texas. What Should I Do?

Hire a lawyer to start building your defense as soon as possible. Wrongful child abuse/neglect cases hold serious legal, personal, financial, and social ramifications. No family is the same when someone in the family faces child abuse charges. Unfortunately, these charges are on the rise in Texas. Families and partners often launch such allegations to damage the accused’s reputation or gain leverage in civil child custody or divorce cases. It’s vital that you aggressively defend yourself if you are wrongly charged with child abuse or neglect.

Recommended Read: Woman Charged with Making False Child Abuse Reports

Attorney JL Carpenter has worked on countless cases where someone was wrongfully accused of child abuse or neglect in the Greater Houston area. She collects critical evidence and builds a strong case for her clients. Take a closer look at her track record to understand why she could be the right criminal defense lawyer for you.

Schedule a consultation with JL. She serves clients facing criminal charges in Friendswood, Clear Lake, Houston, and the surrounding neighborhoods. Her practice areas also include DWI, domestic violence, drug possession, and family violence, among others.