Tex. Health & Safety Code § 481.140 · Subchapter D. OFFENSES AND PENALTIES

USE OF CHILD IN COMMISSION OF OFFENSE.

Verbatim from the official edition

Text — Current through the 89th 2nd Called Legislative Session, 2025

(a) If it is shown at the punishment phase of the trial of an offense otherwise punishable as a state jail felony, felony of the third degree, or felony of the second degree under Section 481.112, 481.1121, 481.1123, 481.113, 481.114, 481.120, or 481.122 that the defendant used or attempted to use a child younger than 18 years of age to commit or assist in the commission of the offense, the punishment is increased by one degree, unless the defendant used or threatened to use force against the child or another to gain the child's assistance, in which event the punishment for the offense is a felony of the first degree.

(b) Notwithstanding Article 42.08, Code of Criminal Procedure, if punishment for a defendant is increased under this section, the court may not order the sentence for the offense to run concurrently with any other sentence the court imposes on the defendant.

Notes and commentary — not statutory text

History

Added by Acts 2001, 77th Leg., ch. 786, Sec. 1, eff. June 14, 2001.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 584 (S.B. 768), Sec. 11, eff. September 1, 2021.

Source of truth

Edition: Current through the 89th 2nd Called Legislative Session, 2025
Official file: https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm
Text hash: sha256 1a1e8e305e075ed2c529d32bf697fc3692178630372bb164be245ece7400f62d
Composed by: compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character

This section cites

Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.

Code of Criminal Procedure

Tex. Code Crim. Proc. art. 42.08CUMULATIVE OR CONCURRENT SENTENCE.Printed as Article 42.08, Code of Criminal Procedure

Health and Safety Code

Cited by 1 provision

Provisions in this library whose text cites Tex. Health & Safety Code § 481.140. Each shows the citation as that text prints it.

Government Code

Tex. Gov't Code § 508.149INMATES INELIGIBLE FOR MANDATORY SUPERVISION.Printed as Section 481.134 or 481.140, Health and Safety Code

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.