Sec. 22.041. ABANDONING OR ENDANGERING A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) In this section:
(1) "Abandon" means to leave in any place without providing reasonable and necessary care a child, elderly individual, or disabled individual under circumstances under which no reasonable, similarly situated person would leave a child or individual of that age and ability.
(2) "Child," "elderly individual," and "disabled individual" have the meanings assigned by Section 22.04.
(b) A person commits an offense if the person, having custody, care, or control of a child, elderly individual, or disabled individual, intentionally abandons the child or individual in any place under circumstances that expose the child or individual to an unreasonable risk of harm.
(c) A person commits an offense if the person intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child, elderly individual, or disabled individual in imminent danger of death, bodily injury, or physical or mental impairment.
(c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child, elderly individual, or disabled individual in imminent danger of death, bodily injury, or physical or mental impairment if:
(1) the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance methamphetamine or a controlled substance listed in Penalty Group 1-B, Section 481.1022, Health and Safety Code, in the presence of the child, elderly individual, or disabled individual;
(2) the person's conduct related to the proximity or accessibility of the controlled substance methamphetamine or a controlled substance listed in Penalty Group 1-B, Section 481.1022, Health and Safety Code, to the child, elderly individual, or disabled individual and an analysis of a specimen of the child's or individual's blood, urine, or other bodily substance indicates the presence of methamphetamine or a controlled substance listed in Penalty Group 1-B in the body of the child or individual; or
(3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, or Penalty Group 1-B, Section 481.1022, 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.
(d) Except as provided by Subsection (e), an offense under Subsection (b) is:
(1) a state jail felony if the actor abandoned the child, elderly individual, or disabled individual with intent to return for the child or individual; or
(2) a felony of the third degree if the actor abandoned the child, elderly individual, or disabled individual without intent to return for the child or individual.
(e) An offense under Subsection (b) is a felony of the second degree if the actor abandons the child, elderly individual, or disabled individual under circumstances that a reasonable person would believe would place the child or individual in imminent danger of death, bodily injury, or physical or mental impairment.
(f) An offense under Subsection (c) is a state jail felony.
(g) It is a defense to prosecution under Subsection (c) that the act or omission enables the child, elderly individual, or disabled individual to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event.
(h) It is an exception to the application of this section for abandoning or endangering a child that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code.
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.
Amended by:
Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 10, eff. August 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 840 (H.B. 946), Sec. 2, eff. September 1, 2007.
Acts 2021, 87th Leg., R.S., Ch. 584 (S.B. 768), Sec. 19, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 830 (H.B. 2187), Sec. 1, eff. September 1, 2023.
Acts 2025, 89th Leg., R.S., Ch. 113 (H.B. 166), Sec. 1, eff. September 1, 2025.
Notes of Decisions
Cited in
247
cases (
47 in the last 5 years), 1994–2026 · leading case:
Garcia, Aima Lorena, 367 S.W.3d 683 (Tex. Crim. App. 2012).
Garcia, Aima Lorena, 367 S.W.3d 683 (Tex. Crim. App. 2012).
· cites it 6× “” Tex. Penal Code § 22.041(c). The indictment and jury charge tracked the language of the statute except for • the exclusion of the words, “by act or omission”; and • the inclusion of the manner and means of the offense, which stated, “by failing to properly clothe the said…”
Mosley v. State, 355 S.W.3d 59 (Tex. App. 2011).
· cites it 12× “[1] See TEX. PENAL CODE ANN. § 22.041 (Vernon 2010).”
Schultz v. State, 923 S.W.2d 1 (Tex. Crim. App. 1996).
· cites it 10× “TEX.PENAL CODE § 22.041 thus provides a "dangerous" set of circumstances in § 22.”
Mayberry v. State, 351 S.W.3d 507 (Tex. App. 2011).
· cites it 6× “” Tex. Penal Code Ann. § 22.041 (c) (West 2011).”
Celis, Mauricio Rodriguez, 416 S.W.3d 419 (Tex. Crim. App. 2013).
· cites it 3× “1996) (construing the child- abandonment statute at Texas Penal Code Section 22.041(b), holding that “the fact that ‘intentionally’ immediately precedes ‘abandons’ means that the prescribed mental state is connected with the act of abandonment itself” rather than element of…”
United States v. Fredis Reyes-Contreras, 910 F.3d 169 (5th Cir. 2018).
· cites it 2× “The court decided that Texas child endangerment, TEXAS PENAL CODE § 22.041(c), was not a COV because it lacked force as an element.”
Rey v. State, 280 S.W.3d 265 (Tex. Crim. App. 2009).
· cites it 9× “1 Appellant was charged with child abandonment under Texas Penal Code § 22.041, providing in relevant part: “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…”
Laney v. State, 117 S.W.3d 854 (Tex. Crim. App. 2003).
· cites it 2× “See Tex. Penal Code § 22.041 (West 2003) (abandoning or endangering child).”
Burling v. State, 83 S.W.3d 199 (Tex. App. 2002).
· cites it 5× “” Tex. Penal Code Ann. § 22.041 (b) (Vernon Supp.”
Contreras v. State, 54 S.W.3d 898 (Tex. App. 2001).
· cites it 4× “See Tex. Pen.Code Ann. § 22.041(c) (Vernon Supp.”
Rodriguez-Castro v. Gonzales, 427 F.3d 316 (5th Cir. 2005).
· cites it 3× “On September 9,1999, she was indicted in Texas state court for child abandonment with intent to return in violation of Texas Penal Code section 22.041, subsections (b) and (c).”
— Tex. Penal Code § 22.041(a) — 4 cases
Mosley v. State, 355 S.W.3d 59 (Tex. App. 2011).
“[1] See TEX. PENAL CODE ANN. § 22.041 (Vernon 2010).”
— Tex. Penal Code § 22.041(b) — 17 cases
Celis, Mauricio Rodriguez, 416 S.W.3d 419 (Tex. Crim. App. 2013).
“1996) (construing the child- abandonment statute at Texas Penal Code Section 22.041(b), holding that “the fact that ‘intentionally’ immediately precedes ‘abandons’ means that the prescribed mental state is connected with the act of abandonment itself” rather than element of…”
Rey v. State, 280 S.W.3d 265 (Tex. Crim. App. 2009).
“1 Appellant was charged with child abandonment under Texas Penal Code § 22.041, providing in relevant part: “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…”
Schultz v. State, 923 S.W.2d 1 (Tex. Crim. App. 1996).
“TEX.PENAL CODE § 22.041 thus provides a "dangerous" set of circumstances in § 22.”
Rodriguez-Castro v. Gonzales, 427 F.3d 316 (5th Cir. 2005).
“On September 9,1999, she was indicted in Texas state court for child abandonment with intent to return in violation of Texas Penal Code section 22.041, subsections (b) and (c).”
Burling v. State, 83 S.W.3d 199 (Tex. App. 2002).
“” Tex. Penal Code Ann. § 22.041 (b) (Vernon Supp.”
— Tex. Penal Code § 22.041(c) — 67 cases
Garcia, Aima Lorena, 367 S.W.3d 683 (Tex. Crim. App. 2012).
“” Tex. Penal Code § 22.041(c). The indictment and jury charge tracked the language of the statute except for • the exclusion of the words, “by act or omission”; and • the inclusion of the manner and means of the offense, which stated, “by failing to properly clothe the said…”
United States v. Fredis Reyes-Contreras, 910 F.3d 169 (5th Cir. 2018).
“The court decided that Texas child endangerment, TEXAS PENAL CODE § 22.041(c), was not a COV because it lacked force as an element.”
Contreras v. State, 54 S.W.3d 898 (Tex. App. 2001).
“See Tex. Pen.Code Ann. § 22.041(c) (Vernon Supp.”
Mayberry v. State, 351 S.W.3d 507 (Tex. App. 2011).
“” Tex. Penal Code Ann. § 22.041 (c) (West 2011).”
— Tex. Penal Code § 22.041(d) — 1 case
— Tex. Penal Code § 22.041(d)(1) — 1 case
Rodriguez-Castro v. Gonzales, 427 F.3d 316 (5th Cir. 2005).
“On September 9,1999, she was indicted in Texas state court for child abandonment with intent to return in violation of Texas Penal Code section 22.041, subsections (b) and (c).”
— Tex. Penal Code § 22.041(d)(2) — 2 cases
— Tex. Penal Code § 22.041(e) — 4 cases
— Tex. Penal Code § 22.041(f) — 5 cases
— Tex. Penal Code § 22.041(h) — 2 cases
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