Child Abandonment

Child Abandonment in Texas: Legal Definition, Penalties, and Considerations

In Texas, child abandonment is a serious criminal offense governed by Texas Penal Code §22.041. This statute addresses situations where a person responsible for a child under 15 years old intentionally leaves the child in circumstances that expose them to an unreasonable risk of harm.(Varghese Summersett)

Legal Definition

Under Texas law, “abandon” means to leave a child in any place without providing reasonable and necessary care, under circumstances that no reasonable person would leave a child of that age and ability. The offense applies to individuals who have custody, care, or control of the child, such as parents, guardians, or caregivers. (Varghese Summersett)

Penalties for Child Abandonment

The severity of the offense and corresponding penalties depend on the circumstances surrounding the abandonment:

• State Jail Felony: If the individual abandoned the child with the intent to return, the offense is classified as a state jail felony, punishable by 6 months to 2 years in a state jail facility and a fine up to $10,000. (Law Offices of David Sloane)

• Third-Degree Felony: If the individual abandoned the child without the intent to return, the offense is a third-degree felony, carrying a penalty of 2 to 10 years in prison and a fine up to $10,000.

• Second-Degree Felony: If the abandonment placed the child in imminent danger of death, bodily injury, or physical or mental impairment, the offense escalates to a second-degree felony, punishable by 2 to 20 years in prison and a fine up to $10,000. (Saputo ✭ Toufexis)

Endangering a Child

In addition to abandonment, Texas law also addresses endangering a child. An individual commits this offense if they intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engage in conduct that places a child under 15 years old in imminent danger of death, bodily injury, or physical or mental impairment. (Varghese Summersett, Findlaw)

Certain circumstances automatically presume endangerment, such as manufacturing or using methamphetamine in the presence of a child, or if a child tests positive for methamphetamine exposure. (Law Offices of Richard C. McConathy)

Statute of Limitations

The statute of limitations for prosecuting child abandonment or endangerment offenses in Texas is ten years from the victim’s 18th birthday. 

Legal Assistance

If you or someone you know is facing charges related to child abandonment or endangerment in Texas, it’s crucial to seek experienced legal representation. Wilkerson & Campbell, PLLC specializes in criminal defense and is committed to protecting your rights.

• Phone: 844-849-9789

• Address: 2201 Main Street, Suite 206, Dallas, TX 75201