(a) A person commits an offense if, in violation of a condition of bond set in a family violence, sexual assault or abuse, indecent assault, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under § 6.504, Family Code, Chapter 83, Family Code, if the temporary ex parte order has been served on the person, Chapter 85, Family Code, or Subchapter F, Chapter 261, Family Code, or an order issued by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally:
(1) commits family violence or an act in furtherance of an offense under Section 20A.02, 22.011, 22.012, 22.021, or 42.072;
(2) communicates:
(A) directly with a protected individual or a member of the family or household in a threatening or harassing manner;
(B) a threat through any person to a protected individual or a member of the family or household; or
(C) in any manner with the protected individual or a member of the family or household except through the person’s attorney or a person appointed by the court, if the violation is of an order described by this subsection and the order prohibits any communication with a protected individual or a member of the family or household;
(3) goes to or near any of the following places as specifically described in the order or condition of bond:
(A) the residence or place of employment or business of a protected individual or a member of the family or household; or
(B) any child care facility, residence, or school where a child protected by the order or condition of bond normally resides or attends;
(4) possesses a firearm;
(5) harms, threatens, or interferes with the care, custody, or control of a pet, companion animal, or assistance animal that is possessed by a person protected by the order or condition of bond;
(6) removes, attempts to remove, or otherwise tampers with the normal functioning of a global positioning monitoring system; or
(7) tracks or monitors personal property or a motor vehicle in the possession of a protected individual or of a member of the family or household of a protected individual, without the individual’s effective consent, including by:
(A) using a tracking application on a personal electronic device in the possession of the protected individual or the family or household member or using a tracking device; or
(B) physically following the protected individual or family or household member or causing another to physically follow the individual or member.
(a-1) For purposes of Subsection (a)(5), possession of a pet, companion animal, or assistance animal by a person means:
(1) actual care, custody, control, or management of a pet, companion animal, or assistance animal by the person; or
(2) constructive possession of a pet, companion animal, or assistance animal owned by the person or for which the person has been the primary caregiver.

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Terms Used In Texas Penal Code 25.07

  • Act: means a bodily movement, whether voluntary or involuntary, and includes speech. See Texas Penal Code 1.07
  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
  • Another: means a person other than the actor. See Texas Penal Code 1.07
  • Arrest: Taking physical custody of a person by lawful authority.
  • Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Effective consent: includes consent by a person legally authorized to act for the owner. See Texas Penal Code 1.07
  • Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
  • Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Penal Code 1.07
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
  • Peace officer: means a person elected, employed, or appointed as a peace officer under Article Texas Penal Code 1.07
  • Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
  • Personal property: All property that is not real property.
  • Possession: means actual care, custody, control, or management. See Texas Penal Code 1.07
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(b) For the purposes of this section:
(1) “Family violence,” ” family,” “household,” and “member of a household” have the meanings assigned by Chapter 71, Family Code.
(2) “Firearm” has the meaning assigned by Chapter 46.
(2-a) “Global positioning monitoring system” has the meaning assigned by Article 17.49, Code of Criminal Procedure.
(3) “Assistance animal” has the meaning assigned by § 121.002, Human Resources Code.
(4) “Sexual abuse” means any act as described by § 21.02 or 21.11.
(5) “Sexual assault” means any act as described by § 22.011 or 22.021.
(6) “Stalking” means any conduct that constitutes an offense under § 42.072.
(7) “Trafficking” means any conduct that constitutes an offense under Section 20A.02.
(8) “Indecent assault” means any conduct that constitutes an offense under § 22.012.
(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.
(d) Reconciliatory actions or agreements made by persons affected by an order do not affect the validity of the order or the duty of a peace officer to enforce this section.
(e) A peace officer investigating conduct that may constitute an offense under this section for a violation of an order may not arrest a person protected by that order for a violation of that order.
(f) It is not a defense to prosecution under this section that certain information has been excluded, as provided by § 85.007, Family Code, or Article 17.292, Code of Criminal Procedure, from an order to which this section applies.
(g) An offense under this section is a Class A misdemeanor, except the offense is:
(1) subject to Subdivision (2), a state jail felony if it is shown at the trial of the offense that the defendant violated an order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, following the defendant’s conviction of or placement on deferred adjudication community supervision for an offense, if the order was issued with respect to a victim of that offense; or
(2) a felony of the third degree if it is shown on the trial of the offense that the defendant:
(A) has previously been convicted two or more times of an offense under this section or two or more times of an offense under § 25.072, or has previously been convicted of an offense under this section and an offense under § 25.072; or
(B) has violated the order or condition of bond by committing an assault or the offense of stalking.
(h) For purposes of Subsection (g), a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense under this section or § 25.072 is considered to be a conviction under this section or § 25.072, as applicable.