Family Code · §25.04

Enticing a Child

Enticing a Child is covered under §25.04 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Custody Interference" on practice exams.

To prove this offense, the State must establish each of the following elements: Knowingly entices, persuades, or takes child; From the custody of parent / guardian / lawful control; Intent to interfere with that custody; Class B (default); 3rd degree if intent to commit felony against child.

Elements you must prove

  • Knowingly entices, persuades, or takes child
  • From the custody of parent / guardian / lawful control
  • Intent to interfere with that custody
  • Class B (default); 3rd degree if intent to commit felony against child

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Worked examples

Worked example 1

Tex. Penal Code §25.04 (Enticing a Child) is what level of offense?

  1. State jail felony
  2. Class B misdemeanor (default); 3rd degree felony if intent to commit a felony against the child Correct
  3. Capital felony
  4. Class C misdemeanor
Why: Knowingly entices, persuades, or takes the child from the custody of his parent / guardian / person standing in lawful control with intent to interfere with that control. Class B baseline; 3rd degree felony with intent to commit a felony against the child.
Statute: Tex. Penal Code §25.04

Statutory definitions for this topic

Enticing a child Tex. Penal Code §25.04
Knowingly entices, persuades, or takes a child younger than 18 from the custody of his parent / guardian / lawful person standing in custody, with intent to interfere with that custody. Class B baseline; 3rd degree felony with intent to commit a felony against the child.