Tex. Codes » Penal Code · TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION · CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION
Texas Codes

Tex. Penal Code § 38.17 (2026)

Failure To Stop Or Report Sexual Or Assaultive Offense Against Child

✓ laws through the 89th Legislature (2025)
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Sec. 38.17. FAILURE TO STOP OR REPORT SEXUAL OR ASSAULTIVE OFFENSE AGAINST CHILD. (a) A person commits an offense if:

(1) the actor observes the commission or attempted commission of an offense under circumstances in which a reasonable person would believe that an offense of a sexual or assaultive nature was being committed or was about to be committed against a child;

(2) the actor fails to assist the child or immediately report the commission of the offense to a peace officer or law enforcement agency; and

(3) the actor could assist the child or immediately report the commission of the offense without placing the actor in danger of suffering serious bodily injury or death.

(b) An offense under this section is a felony of the third degree.

(c) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

Added by Acts 1999, 76th Leg., ch. 1344, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.50, eff. September 1, 2007.

Acts 2025, 89th Leg., R.S., Ch. 250 (H.B. 1778), Sec. 4.06, eff. September 1, 2025.

Notes of Decisions
Cited in 3 cases, 2013–2017 · leading case: Bradford v. State, 515 S.W.3d 433 (Tex. App.—Houston [14th Dist.] 2017).
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Bradford v. State, 515 S.W.3d 433 (Tex. App.—Houston [14th Dist.] 2017). · cites it 3× “See Tex. Penal Code § 38.17. The State alleged: [Appellant], on or about the 21st day of March, 2014, in the County of Galveston and State of Texas, did did [sic] then and there fail to to [sic] assist or immediately report the commission of an offense under Texas Penal Code…”
Robert Writt v. Shell Oil Co. & Shell Int'l, E&P, Inc., No. 01-11-00201-CV (Tex. App.—Houston [1st Dist.] June 25, 2013). “TEX. PEN. CODE ANN. § 38.17−.171 (requiring person to report only two specific categories of offenses under certain circumstances).”
Karla Merrick v. Bonnie Helter, Individually & as Indep. of the Last Will & Testament of J.C. Cole, No. 03-14-00708-CV (Tex. App.—Austin Jan. 27, 2015). “17 Tex. Penal Code § 38.17 .................”
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