Texas Codes

Tex. Penal Code § 38.111 (2026)

Improper Contact With Victim

✓ current as of May 2026

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Sec. 38.111. IMPROPER CONTACT WITH VICTIM. (a) A person commits an offense if the person, while confined in a correctional facility after being charged with or convicted of an offense under Section 42.072 or listed in Article 62.001(5), Code of Criminal Procedure, contacts by letter, telephone, or any other means, either directly or through a third party, a victim of the offense or a member of the victim's family, if the director of the correctional facility has not, before the person makes contact with the victim:

(1) received written and dated consent to the contact from:

(A) the victim, if the victim was 17 years of age or older at the time of the commission of the offense for which the person is confined; or

(B) if the victim was younger than 17 years of age at the time of the commission of the offense for which the person is confined:

(i) a parent of the victim;

(ii) a legal guardian of the victim;

(iii) the victim, if the victim is 17 years of age or older at the time of giving the consent; or

(iv) a member of the victim's family who is 17 years of age or older; and

(2) provided the person with a copy of the consent.

(b) The person confined in a correctional facility may not give the written consent required under Subsection (a)(2)(A).

(1) indirect contact made through an attorney representing the person in custody; and

(2) solely for the purpose of representing the person in a criminal proceeding.

(d) An offense under this section is a Class A misdemeanor unless the actor is confined in a correctional facility after being convicted of a felony described by Subsection (a), in which event the offense is a felony of the third degree.

(e) In this section, "correctional facility" means:

(1) any place described by Section 1.07(a)(14); or

(2) a "secure correctional facility" or "secure detention facility" as those terms are defined by Section 51.02, Family Code.

Added by Acts 2001, 77th Leg., ch. 1337, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 2.11, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 41, eff. September 1, 2007.

Acts 2019, 86th Leg., R.S., Ch. 1066 (H.B. 1343), Sec. 5, eff. September 1, 2019.

Acts 2025, 89th Leg., R.S., Ch. 793 (S.B. 1021), Sec. 4, eff. September 1, 2025.

Notes of Decisions

Cited in 6 cases, 2006–2020 · leading case: Schlittler v. State, 488 S.W.3d 306 (Tex. Crim. App. 2016).

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Schlittler v. State, 488 S.W.3d 306 (Tex. Crim. App. 2016). · cites it 3× “a Victim under Texas Penal Code Section 38.111, which prohibits a person confined in a correctional facility after being convicted of certain sex offenses from contacting the minor victim of the offense or a minor member of the victim’s family.”

David Schlittler v. State, 476 S.W.3d 496 (Tex. App. 2014). · cites it 9× “violation of Texas Penal Code Section 38.111, which makes it an offense for persons convicted of certain offenses, including aggravated sexual assault of a child, while confined in a correctional facility, to contact a victim of the offense or a member of the victim’s family.”

David Schlittler v. State (Tex. App. 2016). · cites it 2× “With respect to appellant's due-process challenge, we conclude 1 Texas Penal Code Section 38.111 provides, (a) A person commits an offense if the person, while confined in a correctional facility after being charged with or convicted of an offense listed in Article 62.”

Edward Dewayne Brockman v. State (Tex. App. 2020). · cites it 2× “” TEX. PENAL CODE ANN. § 38.111(a). Yet, the legislature failed to define either “contact” or “directly” in the provision.”

Schlittler, David (Tex. App. 2015). · cites it 3× “The State of Texas To the Honorable Judges of the Court of Criminal Appeals: Respondent, the State of Texas, respectfully presents this brief on the merits in support of the trial court’s rulings, and the lower appellate court’s rulings, determining that Penal Code § 38.”

Guy B. Munsch, II v. Marie Munsch & Scott Gaston, as Next Friend for Cassandra Gaston, a Minor (Tex. App. 2006). “One week before trial, Appellant filed a motion for continuance, stating as grounds for the motion (1) that he had filed a petition for writ of habeas corpus in the court in which he was convicted challenging the constitutionality of Texas Penal Code section 38.111 (footnote: 2)…”

— Tex. Penal Code § 38.111(a) — 1 case

Edward Dewayne Brockman v. State (Tex. App. 2020). “” TEX. PENAL CODE ANN. § 38.111(a). Yet, the legislature failed to define either “contact” or “directly” in the provision.”

— Tex. Penal Code § 38.111(a)(1) — 1 case

Edward Dewayne Brockman v. State (Tex. App. 2020). “” TEX. PENAL CODE ANN. § 38.111(a). Yet, the legislature failed to define either “contact” or “directly” in the provision.”

— Tex. Penal Code § 38.111(a)(2) — 1 case

David Schlittler v. State, 476 S.W.3d 496 (Tex. App. 2014). “violation of Texas Penal Code Section 38.111, which makes it an offense for persons convicted of certain offenses, including aggravated sexual assault of a child, while confined in a correctional facility, to contact a victim of the offense or a member of the victim’s family.”

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