Sec. 25.11. CONTINUOUS VIOLENCE AGAINST THE FAMILY. (a) A person commits an offense if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense under Section 22.01(a)(1) against another person or persons whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code.
(b) If the jury is the trier of fact, members of the jury are not required to agree unanimously on the specific conduct in which the defendant engaged that constituted an offense under Section 22.01(a)(1) against the person or persons described by Subsection (a), the exact date when that conduct occurred, or the county in which each instance of the conduct occurred. The jury must agree unanimously that the defendant, during a period that is 12 months or less in duration, two or more times engaged in conduct that constituted an offense under Section 22.01(a)(1) against the person or persons described by Subsection (a).
(c) A defendant may not be convicted in the same criminal action of another offense the victim of which is an alleged victim of the offense under Subsection (a) and an element of which is any conduct that is alleged as an element of the offense under Subsection (a) unless the other offense:
(1) is charged in the alternative;
(2) occurred outside the period in which the offense alleged under Subsection (a) was committed; or
(3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a).
(d) A defendant may not be charged with more than one count under Subsection (a) if all of the specific conduct that is alleged to have been engaged in is alleged to have been committed against a single victim or members of the same household, as defined by Section 71.005, Family Code.
(e) An offense under this section is a felony of the third degree.
Added by Acts 2009, 81st Leg., R.S., Ch. 665 (H.B. 2240), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1360 (H.B. 1661), Sec. 3, eff. September 1, 2019.
Notes of Decisions
Cited in
108
cases (
43 in the last 5 years), 1992–2026 · leading case:
Thacker v. State, 889 S.W.2d 380 (Tex. App. 1994).
Thacker v. State, 889 S.W.2d 380 (Tex. App. 1994).
· cites it 14× “The jury found her guilty and assessed punishment at a $10,000 fine and confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice, sentence to be probated.”
Matter of Thacker, 881 S.W.2d 307 (Tex. 1994).
· cites it 18× “In this attorney discipline case, we decide whether violation of Tex.Penal Code § 25.11 ("§ 25.11") [1] is a felony involving moral turpitude under the Texas Rules of Disciplinary Procedure.”
Hopper v. State, 483 S.W.3d 235 (Tex. App. 2016).
· cites it 2× “head with his hands and by impeding their breathing with his hands.”
Buxton v. State, 526 S.W.3d 666 (Tex. App. 2017).
“See Tex. Penal Code Ann. § 25.11 (West 2011).”
Thacker v. State, 999 S.W.2d 56 (Tex. App. 1999).
· cites it 2× “See Tex. Penal Code Ann. § 25.11 (a)(2) (Vernon 1989).”
In Re of Lock, 54 S.W.3d 305 (Tex. 2001).
· cites it 2× “(b) It is an exception to the application of this section that the thing of value is: (1) a fee paid to a child-placing agency as authorized by law; (2) a fee paid to an attorney or physician for services rendered in the usual course of legal or medical practice; or (3) a…”
Dinesh Kumar Shah v. State, 414 S.W.3d 808 (Tex. App. 2013).
· cites it 2× “See Tex. Penal Code Ann. § 25.11 (a) (West 2011) (incorporating Penal Code section 22.”
State v. Stukes, 490 S.W.3d 571 (Tex. App. 2016).
“Tex. Penal Code Ann. § 25.11 (a), (b) (West 2011).”
Ex Parte Heriberto MORALES, 416 S.W.3d 546 (Tex. App. 2013).
· cites it 2× “Tex. Penal Code § 25.11. Appellant Heriberto Morales was charged with committing an offense under Section 25.”
DeJesus v. State, 889 S.W.2d 373 (Tex. App. 1994).
· cites it 3× “TexPenal Code Ann. § 25.11(a)(1) (Vernon 1989).”
State v. Maldonado, 523 S.W.3d 769 (Tex. App. 2017).
· cites it 2× “Tex. Penal Code Ann. § 25.11 (a). In language, similar to section 25.”
— Tex. Penal Code § 25.11(a) — 32 cases
Thacker v. State, 889 S.W.2d 380 (Tex. App. 1994).
“The jury found her guilty and assessed punishment at a $10,000 fine and confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice, sentence to be probated.”
— Tex. Penal Code § 25.11(a)(1) — 1 case
DeJesus v. State, 889 S.W.2d 373 (Tex. App. 1994).
“TexPenal Code Ann. § 25.11(a)(1) (Vernon 1989).”
— Tex. Penal Code § 25.11(a)(2) — 1 case
Thacker v. State, 999 S.W.2d 56 (Tex. App. 1999).
“See Tex. Penal Code Ann. § 25.11 (a)(2) (Vernon 1989).”
— Tex. Penal Code § 25.11(b) — 4 cases
Thacker v. State, 889 S.W.2d 380 (Tex. App. 1994).
“The jury found her guilty and assessed punishment at a $10,000 fine and confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice, sentence to be probated.”
DeJesus v. State, 889 S.W.2d 373 (Tex. App. 1994).
“TexPenal Code Ann. § 25.11(a)(1) (Vernon 1989).”
— Tex. Penal Code § 25.11(c) — 3 cases
— Tex. Penal Code § 25.11(d) — 1 case
— Tex. Penal Code § 25.11(e) — 7 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.