Sec. 25.05. CRIMINAL NONSUPPORT. (a) An individual commits an offense if the individual intentionally or knowingly fails to provide support for the individual's child younger than 18 years of age, or for the individual's child who is the subject of a court order requiring the individual to support the child.
(b) For purposes of this section, "child" includes a child born out of wedlock whose paternity has either been acknowledged by the actor or has been established in a civil suit under the Family Code or the law of another state.
(c) Under this section, a conviction may be had on the uncorroborated testimony of a party to the offense.
(d) It is an affirmative defense to prosecution under this section that the actor could not provide support for the actor's child.
(e) The pendency of a prosecution under this section does not affect the power of a court to enter an order for child support under the Family Code.
(f) An offense under this section is a state jail felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 73, Sec. 13, eff. Nov. 1, 1987; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 375, Sec. 1, eff. May 25, 2001.
Notes of Decisions
Cited in
50
cases, 1984–2019 · leading case:
Lyons v. State, 835 S.W.2d 715 (Tex. App.—Texarkana 1992).
Lyons v. State, 835 S.W.2d 715 (Tex. App.—Texarkana 1992).
· cites it 10× “He was charged with violation of Tex.Penal Code Ann. § 25.05 (Vernon 1989).”
Cleveland v. State, 177 S.W.3d 374 (Tex. App.—Houston [1st Dist.] 2005).
· cites it 2× “05 (Vernon 2003) (duress is affirmative defense); TEX. PEN.CODE ANN. § 25.05(d) (Vernon 2003) (inability to provide child support is affirmative defense for criminal nonsupport).”
Howard v. State, 145 S.W.3d 327 (Tex. App.—Fort Worth 2004).
· cites it 3× “See Tex. Penal Code Ann. § 25.05 (Vernon 2003).”
Matlock, Marcus Dewayne, 392 S.W.3d 662 (Tex. Crim. App. 2013).
“See Tex. Penal Code § 25.05(a) ("An individual commits an offense if the individual intentionally or knowingly fails to provide support for the individual’s child younger than 18 years of age, or for the individual’s child who is the subject of a court order requiring the…”
Ex Parte Lopez, 710 S.W.2d 948 (Tex. App.—San Antonio 1986).
· cites it 4× “TEX.PENAL CODE ANN. § 25.05 (Vernon 1974).”
Williams v. State, 71 S.W.3d 862 (Tex. App.—Texarkana 2002).
· cites it 4× “Williams contends in a single point of error that the statute under which he was convicted, Tex. Pen.Code Ann. § 25.05 (Vernon Supp.2002), is unconstitutional because it violates Article I, § 18 of the Texas Constitution.”
Ex Parte McIntyre, 730 S.W.2d 411 (Tex. App.—San Antonio 1987).
· cites it 2× “TEX.PENAL CODE ANN. § 25.05 (Vernon 1974).”
Ex Parte Boetscher, 812 S.W.2d 600 (Tex. Crim. App. 1991).
· cites it 2× “Texas Penal Code § 25.05 provides in relevant part: (a) An individual commits an offense if he intentionally or knowingly fails to provide support for his child younger than 18 years of age, or for his child who is the subject of a court order requiring the individual to support…”
Harvill v. State, 13 S.W.3d 478 (Tex. App.—Corpus Christi 2000).
· cites it 2× “Laws 922 , 923 (amended 1987, 1993) (current version at Tex. Pen.Code Ann. § 25.05 (Vernon 1994)).”
Oler v. State, 998 S.W.2d 363 (Tex. App.—Dallas 1999).
· cites it 2× “See TEX. PEN.CODE ANN. § 25.05 ( Vernon 1994 ); Billingslea, 780 S.”
United States v. Keith Douglas Bailey, 115 F.3d 1222 (5th Cir. 1997).
“the willful failure to pay court-ordered child support, which some states have chosen specifically not to address, for whatever reasons.”
Tex. Penal Code § 25.05(a): 11 cases
Matlock, Marcus Dewayne, 392 S.W.3d 662 (Tex. Crim. App. 2013).
“See Tex. Penal Code § 25.05(a) ("An individual commits an offense if the individual intentionally or knowingly fails to provide support for the individual’s child younger than 18 years of age, or for the individual’s child who is the subject of a court order requiring the…”
Lyons v. State, 835 S.W.2d 715 (Tex. App.—Texarkana 1992).
“He was charged with violation of Tex.Penal Code Ann. § 25.05 (Vernon 1989).”
Ex Parte Boetscher, 812 S.W.2d 600 (Tex. Crim. App. 1991).
“Texas Penal Code § 25.05 provides in relevant part: (a) An individual commits an offense if he intentionally or knowingly fails to provide support for his child younger than 18 years of age, or for his child who is the subject of a court order requiring the individual to support…”
In re JDD, 242 S.W.3d 916 (Tex. App.—Dallas 2008).
Tex. Penal Code § 25.05(d): 6 cases
Cleveland v. State, 177 S.W.3d 374 (Tex. App.—Houston [1st Dist.] 2005).
“05 (Vernon 2003) (duress is affirmative defense); TEX. PEN.CODE ANN. § 25.05(d) (Vernon 2003) (inability to provide child support is affirmative defense for criminal nonsupport).”
Lyons v. State, 835 S.W.2d 715 (Tex. App.—Texarkana 1992).
“He was charged with violation of Tex.Penal Code Ann. § 25.05 (Vernon 1989).”
Tex. Penal Code § 25.05(g)(2): 1 case
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