Tex. Penal Code § 38.17 · Chapter 38. OBSTRUCTING GOVERNMENTAL OPERATION
FAILURE TO STOP OR REPORT SEXUAL OR ASSAULTIVE OFFENSE AGAINST CHILD.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.38.htm
- Text hash
- sha256 ecff98b0240b7fb45716159d4a8d6186e43036e93cee3f8b3c1be687bbacceaf
- 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
Cited by 1 provision
Provisions in this library whose text cites Tex. Penal Code § 38.17. Each shows the citation as that text prints it.
Code of Criminal Procedure
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.