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Legal Statutes: Texas

UPDATED July 20, 2016

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Chapter 25. Offenses Against the Family

back to top§ 25.07. Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case

§ 25.07. Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case

Currentness

(a) A person commits an offense if, in violation of a condition of bond set in a family violence, sexual assault or abuse, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Chapter 7A, Code of Criminal Procedure, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504, Family Code, Chapter 83, Family Code, if the temporary ex parte order has been served on the person, or Chapter 85, Family Code, or an order issued by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally:

(1) commits family violence or an act in furtherance of an offense under Section 20A.02, 22.011, 22.021, or 42.072;

(2) communicates:

(A) directly with a protected individual or a member of the family or household in a threatening or harassing manner;

(B) a threat through any person to a protected individual or a member of the family or household; or

(C) in any manner with the protected individual or a member of the family or household except through the person's attorney or a person appointed by the court, if the violation is of an order described by this subsection and the order prohibits any communication with a protected individual or a member of the family or household;

(3) goes to or near any of the following places as specifically described in the order or condition of bond:

(A) the residence or place of employment or business of a protected individual or a member of the family or household; or

(B) any child care facility, residence, or school where a child protected by the order or condition of bond normally resides or attends;

(4) possesses a firearm;

(5) harms, threatens, or interferes with the care, custody, or control of a pet, companion animal, or assistance animal that is possessed by a person protected by the order or condition of bond; or

(6) removes, attempts to remove, or otherwise tampers with the normal functioning of a global positioning monitoring system.

(a-1) For purposes of Subsection (a)(5), possession of a pet, companion animal, or assistance animal by a person means:

(1) actual care, custody, control, or management of a pet, companion animal, or assistance animal by the person; or

(2) constructive possession of a pet, companion animal, or assistance animal owned by the person or for which the person has been the primary caregiver.

(b) For the purposes of this section:

(1) “Family violence,” “family,” “household,” and “member of a household” have the meanings assigned by Chapter 71, Family Code.

(2) “Firearm” has the meaning assigned by Chapter 46.

(2-a) “Global positioning monitoring system” has the meaning assigned by Article 17.49, Code of Criminal Procedure.

(3) “Assistance animal” has the meaning assigned by Section 121.002, Human Resources Code.

(4) “Sexual abuse” means any act as described by Section 21.02 or 21.11.

(5) “Sexual assault” means any act as described by Section 22.011 or 22.021.

(6) “Stalking” means any conduct that constitutes an offense under Section 42.072.

(7) “Trafficking” means any conduct that constitutes an offense under Section 20A.02.

(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.

(d) Reconciliatory actions or agreements made by persons affected by an order do not affect the validity of the order or the duty of a peace officer to enforce this section.

(e) A peace officer investigating conduct that may constitute an offense under this section for a violation of an order may not arrest a person protected by that order for a violation of that order.

(f) It is not a defense to prosecution under this section that certain information has been excluded, as provided by Section 85.007, Family Code, or Article 17.292, Code of Criminal Procedure, from an order to which this section applies.

(g) An offense under this section is a Class A misdemeanor, except the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant:

(1) has previously been convicted two or more times of an offense under this section or two or more times of an offense underSection 25.072, or has previously been convicted of an offense under this section and an offense under Section 25.072; or

(2) has violated the order or condition of bond by committing an assault or the offense of stalking.

Added by Acts 1983, 68th Leg., p. 4049, ch. 631, § 3, eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 583, § 3, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 170, § 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 677, § 8, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 614, §§ 23 to 26, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 739, §§ 4 to 7, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 366, § 2, eff. Sept. 1, 1991. Renumbered from V.T.C.A., Penal Code § 25.08 and amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 658, §§ 2, 3, eff. June 14, 1995; Acts 1995, 74th Leg., ch. 660, §§ 1, 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1024, § 23, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1, § 2, eff. Jan. 28, 1997; Acts 1997, 75th Leg., ch. 1193, § 21, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, § 15.02(c), eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 23, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 134, § 1, eff. Sept. 1, 2003; Acts 2007, 80th Leg., ch. 66, § 2, eff. May 11, 2007; Acts 2007, 80th Leg., ch. 1113, §§ 1, 2, eff. Jan. 1, 2008; Acts 2009, 81st Leg., ch. 87, § 19.001, eff. Sept. 1, 2009; Acts 2011, 82nd Leg., ch. 136 (S.B. 279), §§ 3, 4, eff. Sept. 1, 2011; Acts 2013, 83rd Leg., ch. 96 (S.B. 743), § 2, eff. Sept. 1, 2013; Acts 2013, 83rd Leg., ch. 543 (S.B. 555), § 3, eff. Sept. 1, 2013; Acts 2013, 83rd Leg., ch. 760 (S.B. 893), §§ 4 to 6, eff. Sept. 1, 2013; Acts 2015, 84th Leg., ch. 1086 (H.B. 2645), §§ 2, 3, eff. Sept. 1, 2015; Acts 2015, 84th Leg., ch. 1133 (S.B. 147), §§ 1 to 3, eff. Sept. 1, 2015.