Sec. 32.53. EXPLOITATION OF CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) In this section:
(1) "Child," "elderly individual," and "disabled individual" have the meanings assigned by Section 22.04.
(2) "Exploitation" means the illegal or improper use of a child, elderly individual, or disabled individual or of the resources of a child, elderly individual, or disabled individual for monetary or personal benefit, profit, or gain.
(b) A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.
(c) An offense under this section is a felony of the third degree.
(d) A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently.
(e) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the Medicaid program.
Added by Acts 2011, 82nd Leg., R.S., Ch. 620 (S.B. 688), Sec. 7, eff. September 1, 2011.
Notes of Decisions
Cited in
16
cases (
6 in the last 5 years), 2014–2025 · leading case:
Paroline v. State, 532 S.W.3d 491 (Tex. App.—Texarkana 2017).
Paroline v. State, 532 S.W.3d 491 (Tex. App.—Texarkana 2017).
· cites it 2× “See Tex. Penal Code Ann. § 32.53 (b). Since Paroline only challenges the sufficiency of the evidence to support the finding that Prewitt was disabled, we will only address the evidence relevant to that element.”
Joanie Martinez Cosper v. State of Texas, 685 S.W.3d 196 (Tex. App.—Corpus Christi–Edinburg 2024).
· cites it 3× “See TEX. PENAL CODE ANN. § 32.53. To find her guilty of this offense, the State was required to prove beyond a reasonable doubt that (1) Cosper (2) intentionally, knowingly, or recklessly (3) caused the exploitation of (4) Myrl, an elderly person, (5) by illegally or improperly…”
Aurello E. Landeros v. State, No. 02-15-00278-CR (Tex. App.—Fort Worth Sept. 22, 2016).
“See Tex. Penal Code Ann. § 32.53 (d). The trial court certified that Landeros had the right to appeal, and Landeros timely filed a notice of appeal.”
Slobodan Vidakovic v. State, No. 01-18-00443-CR (Tex. App.—Houston [1st Dist.] Mar. 28, 2019).
“See TEX. PENAL CODE § 32.53(a)(2) (defining criminal offense of exploitation to include “the illegal or improper use of .”
Justo Armando Jiminez v. State, No. 01-18-00123-CR (Tex. App.—Houston [1st Dist.] Apr. 2, 2019).
“In two issues, appellant contends that the trial court erred in adjudicating his guilt based on a new law violation because Texas Penal Code section 32.53 violates his First Amendment rights and that the trial court’s judgment should be reformed to accurately reflect that…”
Sheila Deann Wright v. State, No. 10-20-00071-CR (Tex. App.—Waco Feb. 26, 2020).
“See TEX. PENAL CODE ANN. §32.53. Because the trial court's certificate of right of appeal that Wright signed indicates Wright has waived her right to appeal, this appeal must be dismissed.”
Richard Dick Joles v. State, No. 05-19-01324-CR (Tex. App.—Dallas Dec. 2, 2020).
“See TEX. PENAL CODE § 32.53(b),(c). The case proceeded to trial before a jury.”
Bobby Jacques v. State of Texas, No. 11-22-00026-CR (Tex. App.—Eastland Aug. 10, 2023).
“In his sole issue on appeal, Appellant contends that his guilty plea was involuntary because his trial counsel was ineffective.”
Tex. Penal Code § 32.53(a): 1 case
Joanie Martinez Cosper v. State of Texas, 685 S.W.3d 196 (Tex. App.—Corpus Christi–Edinburg 2024).
“See TEX. PENAL CODE ANN. § 32.53. To find her guilty of this offense, the State was required to prove beyond a reasonable doubt that (1) Cosper (2) intentionally, knowingly, or recklessly (3) caused the exploitation of (4) Myrl, an elderly person, (5) by illegally or improperly…”
Tex. Penal Code § 32.53(a)(2): 2 cases
Slobodan Vidakovic v. State, No. 01-18-00443-CR (Tex. App.—Houston [1st Dist.] Mar. 28, 2019).
“See TEX. PENAL CODE § 32.53(a)(2) (defining criminal offense of exploitation to include “the illegal or improper use of .”
Joanie Martinez Cosper v. State of Texas, 685 S.W.3d 196 (Tex. App.—Corpus Christi–Edinburg 2024).
“See TEX. PENAL CODE ANN. § 32.53. To find her guilty of this offense, the State was required to prove beyond a reasonable doubt that (1) Cosper (2) intentionally, knowingly, or recklessly (3) caused the exploitation of (4) Myrl, an elderly person, (5) by illegally or improperly…”
Tex. Penal Code § 32.53(b): 4 cases
Richard Dick Joles v. State, No. 05-19-01324-CR (Tex. App.—Dallas Dec. 2, 2020).
“See TEX. PENAL CODE § 32.53(b),(c). The case proceeded to trial before a jury.”
Bobby Jacques v. State of Texas, No. 11-22-00026-CR (Tex. App.—Eastland Aug. 10, 2023).
“In his sole issue on appeal, Appellant contends that his guilty plea was involuntary because his trial counsel was ineffective.”
Tex. Penal Code § 32.53(c): 1 case
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