Tex.
Penal Code Section 25.07
Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case
(a)
A person commits an offense if, in violation of a condition of bond set in a family violence, sexual assault or abuse, indecent assault, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Subchapter A, Chapter 7B (Protective Orders), Code of Criminal Procedure, an order issued under Article 17.292 (Magistrate’s Order for Emergency Protection), Code of Criminal Procedure, an order issued under Section 6.504 (Protective Orders), Family Code, Chapter 83 (Temporary Ex Parte Orders), Family Code, if the temporary ex parte order has been served on the person, Chapter 85 (Issuance of Protective Order), Family Code, or Subchapter F (Filing Application for Protective Order in Certain Cases of Abuse or Neglect), Chapter 261 (Investigation of Report of Child Abuse or Neglect), Family Code, or an order issued by another jurisdiction as provided by Chapter 88 (Uniform Interstate Enforcement of Protective Orders Act), 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, 22.012, 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;(6)
removes, attempts to remove, or otherwise tampers with the normal functioning of a global positioning monitoring system; or(7)
tracks or monitors personal property or a motor vehicle in the possession of a protected individual or of a member of the family or household of a protected individual, without the individual’s effective consent, including by:(A)
using a tracking application on a personal electronic device in the possession of the protected individual or the family or household member or using a tracking device; or(B)
physically following the protected individual or family or household member or causing another to physically follow the individual or member.(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 (Definitions), Family Code.(2)
“Firearm” has the meaning assigned by Chapter 46 (Weapons).(2-a)
“Global positioning monitoring system” has the meaning assigned by Article 17.49 (Conditions for Defendant Charged with Offense Involving Family Violence), Code of Criminal Procedure.(3)
“Assistance animal” has the meaning assigned by Section 121.002 (Definitions), Human Resources Code.(4)
“Sexual abuse” means any act as described by Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual) or 21.11 (Indecency with a Child).(5)
“Sexual assault” means any act as described by Section 22.011 (Sexual Assault) or 22.021 (Aggravated Sexual Assault).(6)
“Stalking” means any conduct that constitutes an offense under Section 42.072 (Stalking).(7)
“Trafficking” means any conduct that constitutes an offense under Section 20A.02 (Trafficking of Persons).(8)
“Indecent assault” means any conduct that constitutes an offense under Section 22.012 (Indecent Assault).(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 (Confidentiality of Certain Information), Family Code, or Article 17.292 (Magistrate’s Order for Emergency Protection), 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:(1)
subject to Subdivision (2), a state jail felony if it is shown at the trial of the offense that the defendant violated an order issued under Subchapter A, Chapter 7B (Protective Orders), Code of Criminal Procedure, following the defendant’s conviction of or placement on deferred adjudication community supervision for an offense, if the order was issued with respect to a victim of that offense; or(2)
a felony of the third degree if it is shown on the trial of the offense that the defendant:(A)
has previously been convicted two or more times of an offense under this section or two or more times of an offense under Section 25.072 (Repeated Violation of Certain Court Orders or Conditions of Bond in Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case), or has previously been convicted of an offense under this section and an offense under Section 25.072 (Repeated Violation of Certain Court Orders or Conditions of Bond in Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case); or(B)
has violated the order or condition of bond by committing an assault or the offense of stalking.(h)
For purposes of Subsection (g), a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense under this section or Section 25.072 (Repeated Violation of Certain Court Orders or Conditions of Bond in Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case) is considered to be a conviction under this section or Section 25.072 (Repeated Violation of Certain Court Orders or Conditions of Bond in Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case), as applicable.
Source:
Section 25.07 — Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm#25.07 (accessed Jun. 5, 2024).
