Sec. 25.03. INTERFERENCE WITH CHILD CUSTODY. (a) A person commits an offense if the person takes or retains a child younger than 18 years of age:
(1) when the person knows that the person's taking or retention violates the express terms of a judgment or order, including a temporary order, of a court disposing of the child's custody;
(2) when the person has not been awarded custody of the child by a court of competent jurisdiction, knows that a suit for divorce or a civil suit or application for habeas corpus to dispose of the child's custody has been filed, and takes the child out of the geographic area of the counties composing the judicial district if the court is a district court or the county if the court is a statutory county court, without the permission of the court and with the intent to deprive the court of authority over the child; or
(3) outside of the United States with the intent to deprive a person entitled to possession of or access to the child of that possession or access and without the permission of that person.
(b) A noncustodial parent commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years, the noncustodial parent knowingly entices or persuades the child to leave the custody of the custodial parent, guardian, or person standing in the stead of the custodial parent or guardian of the child.
(c) It is a defense to prosecution under Subsection (a)(2) that the actor returned the child to the geographic area of the counties composing the judicial district if the court is a district court or the county if the court is a statutory county court, within three days after the date of the commission of the offense.
(c-1) It is an affirmative defense to prosecution under Subsection (a)(3) that:
(1) the taking or retention of the child was pursuant to a valid order providing for possession of or access to the child; or
(2) notwithstanding any violation of a valid order providing for possession of or access to the child, the actor's retention of the child was due only to circumstances beyond the actor's control and the actor promptly provided notice or made reasonable attempts to provide notice of those circumstances to the other person entitled to possession of or access to the child.
(c-2) Subsection (a)(3) does not apply if, at the time of the offense, the person taking or retaining the child:
(1) was entitled to possession of or access to the child; and
(2) was fleeing the commission or attempted commission of family violence, as defined by Section 71.004, Family Code, against the child or the person.
(d) An offense under this section is a state jail felony.
(e) If conduct that constitutes an offense under Subsection (a)(3) also constitutes an offense under Section 20.03, the actor may be prosecuted only under Section 20.03.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1111, ch. 527, Sec. 1, eff. Aug. 27, 1979; Acts 1987, 70th Leg., ch. 444, Sec. 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 830, Sec. 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 332, Sec. 1, eff. May 24, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 272 (H.B. 95), Sec. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 840 (H.B. 3439), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1100 (S.B. 1551), Sec. 3, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 520 (H.B. 3025), Sec. 3, eff. September 1, 2023.
Notes of Decisions
Cited in
54
cases (
13 in the last 5 years), 1986–2026 · leading case:
Ex Parte Rhodes, 974 S.W.2d 735 (Tex. Crim. App. 1998).
Ex Parte Rhodes, 974 S.W.2d 735 (Tex. Crim. App. 1998).
· cites it 8× “See Tex. Penal Code Ann. § 25.03 (Vernon 1994).”
Llorens v. State, 520 S.W.3d 129 (Tex. App. 2017).
· cites it 4× “” Tex. Penal Code § 25.03(a)(1), (3). Because the offense requires either the existence of a custody order or the keeping of a child outside of the United States with an intent to deprive someone else of access to a child in order for the act to be a crime, the focus of the…”
Dewalt v. State, 307 S.W.3d 437 (Tex. App. 2010).
· cites it 3× “Tex. Penal Code Ann. § 25.03 (a)-(b) (West Supp.”
Schier v. State, 60 S.W.3d 340 (Tex. App. 2001).
· cites it 4× “Under the relevant provision of Texas Penal Code section 25.03, the elements of the offense of “Interference With Child Custody” include (1) taking or retaining a child younger than 18 years (2) when the defendant knows that his taking or retention violates the express terms of…”
In Re Cherry, 258 S.W.3d 328 (Tex. App. 2008).
· cites it 2× “See Tex. Penal Code Ann. § 25.03 (West Supp.2007).”
Garcia v. State, 172 S.W.3d 270 (Tex. App. 2005).
· cites it 2× “03 (a)(1) (Vernon 2003) provides: (a) A person commits an offense if the person takes or restrains a child younger than 18 years when the person: (1) knows that the person’s taking or retention violates the express terms of a judgment or order of a court disposing of the child’s…”
Kessel v. Leavitt, 511 S.E.2d 720 (W. Va. 1998).
“1986) (recognizing tort cause of action for custodial interference, in part, based upon existing criminal offense of interference with child custody (citing Tex. Penal Code Ann. § 25.03 (Vernon 1974))).”
in the Interest of K.D., a Minor Child, 471 S.W.3d 147 (Tex. App. 2015).
“*178 See Tex. Penal Code Ann. § 25.03 (West Supp. 2014) (“A person commits an offense if the person takes or retains a child younger than 18 years of age: (1) when the person knows that the person’s taking or retention violates the express terms of a judgment or order, including…”
Little v. State, 246 S.W.3d 391 (Tex. App. 2008).
“Tex. Penal Code Ann. § 25.03 (c)(2) (Vernon 2003).”
Smith v. State, 874 S.W.2d 269 (Tex. App. 1994).
“See TexPenal Code Ann. § 25.03 (Vernon 1989).”
Silcott v. Oglesby, 721 S.W.2d 290 (Tex. 1986).
“Tex.Penal Code Ann. § 25.03 (Vernon 1974).”
— Tex. Penal Code § 25.03(a) — 3 cases
— Tex. Penal Code § 25.03(a)(1) — 14 cases
Ex Parte Rhodes, 974 S.W.2d 735 (Tex. Crim. App. 1998).
“See Tex. Penal Code Ann. § 25.03 (Vernon 1994).”
Llorens v. State, 520 S.W.3d 129 (Tex. App. 2017).
“” Tex. Penal Code § 25.03(a)(1), (3). Because the offense requires either the existence of a custody order or the keeping of a child outside of the United States with an intent to deprive someone else of access to a child in order for the act to be a crime, the focus of the…”
Schier v. State, 60 S.W.3d 340 (Tex. App. 2001).
“Under the relevant provision of Texas Penal Code section 25.03, the elements of the offense of “Interference With Child Custody” include (1) taking or retaining a child younger than 18 years (2) when the defendant knows that his taking or retention violates the express terms of…”
— Tex. Penal Code § 25.03(d) — 1 case
Llorens v. State, 520 S.W.3d 129 (Tex. App. 2017).
“” Tex. Penal Code § 25.03(a)(1), (3). Because the offense requires either the existence of a custody order or the keeping of a child outside of the United States with an intent to deprive someone else of access to a child in order for the act to be a crime, the focus of the…”
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