OFFENSES AGAINST THE FAMILY – Part 2 – Prohibited Sexual Conduct and Interference with Child Custody

In Texas, there are six offenses against the family:

BIGAMY.

PROHIBITED SEXUAL CONDUCT.

AGREEMENT TO ABDUCT FROM CUSTODY.

ENTICING A CHILD.

CRIMINAL NONSUPPORT.

HARBORING RUNAWAY CHILD.

PROHIBITED SEXUAL CONDUCT.

 A person commits an offense if the person engages in sexual intercourse or deviate sexual intercourse with another person the actor knows to be, without regard to legitimacy:

–  the actor’s ancestor or descendant by blood or adoption;

–  the actor’s current or former stepchild or stepparent;

–  the actor’s parent’s brother or sister of the whole or half blood;

–  the actor’s brother or sister of the whole or half blood or by adoption;

–  the children of the actor’s brother or sister of the whole or half blood or by adoption; or

–  the son or daughter of the actor’s aunt or uncle of the whole or half blood or by adoption.

An offense under this section is a felony of the third degree, and in some cases the offense is a felony of the second degree.

INTERFERENCE WITH CHILD CUSTODY.  

 A person commits an offense if the person takes or retains a child younger than 18 years of age:

(-  when the person knows that the person’s taking or retention violates the express terms of a judgment or order, including a temporary order, of a court disposing of the child’s custody;

–  when the person  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; or

–  outside of the United States with the intent to deprive a person entitled to possession of or access to the child of that possession or access and without the permission of that person.

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.

It is a defense to prosecution 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.

It is an affirmative defense to prosecution under that:

– the taking or retention of the child was pursuant to a valid order providing for possession of or access to the child; or

– notwithstanding any violation of a valid order providing for possession of or access to the child, the actor’s retention of the child was due only to circumstances beyond the actor’s control and the actor promptly provided notice or made reasonable attempts to provide notice of those circumstances to the other person entitled to possession of or access to the child.

As always, the best option is to contact Atlas Bail and go over available info and all the details. With our experience, knowledge and great customer service, we can have your loved ones back to you as soon as the law will allow us. From the moment you show up in our office we understand your need for guidance and help. The fact that a person is in jail is only the beginning of the process. Selecting AAA Atlas Bail is an important first step. With years of experience in our office, we most definitely will have the right answer for you.

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