Another shot of the item retrieved today
Complete text of Texas penal code re: child abandonment
Sec. 22.041. ABANDONING OR ENDANGERING CHILD. [SUP](1569)[/SUP]
(a) 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. [SUP](1570)[/SUP]
(b) 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. [SUP](1571)[/SUP]
(c) 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. [SUP](1572)[/SUP]
(c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a
child in imminent danger of death, bodily injury, or physical or mental impairment if: [SUP](1573)
[/SUP]
(1) the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance methamphetamine in the presence of the
child; [SUP](1574)[/SUP]
(2) the person's conduct related to the proximity or accessibility of the controlled substance methamphetamine to the
child and an analysis of a specimen of the
child's blood, urine, or other bodily substance indicates the presence of methamphetamine in the
child's body; or [SUP](1575)[/SUP]
(3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code. [SUP](1576)[/SUP]
(d) Except as provided by Subsection (e), an offense under Subsection (b) is: [SUP](1577)[/SUP]
(1) a state jail felony if the actor
abandoned the
child with intent to return for the
child; or [SUP](1578)[/SUP]
(2)
a felony of the third degree if the actor abandoned the child without intent to return for the child. [SUP](1579)[/SUP]
(e)
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. [SUP](1580)[/SUP]
(f) An offense under Subsection (c) is a state jail felony. [SUP](1581)[/SUP]
(g) It is a defense to prosecution under Subsection (c) that the act or omission enables the
child to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event. [SUP](1582)[/SUP]
(h) It is an exception to the application of this section that the actor voluntarily delivered the
child to a designated emergency infant care provider under Section 262.302, Family Code. [SUP](1583)[/SUP]
Added by Acts 1985, 69th Leg., ch. 791, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 904, Sec. 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 687, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1087, Sec. 3, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 809, Sec. 7, eff. Sept. 1, 2001. [SUP](1584)
red is is what the dad is currently charges with
blue is a simple upgrade possible to the charge
3rd degree felony is a sentence of 2 - 10 years
2nd degree is a sentence of 2 - 20 years
[/SUP]