Texas Health and Safety Code 462.008 – Criminal Penalty; Enforcement
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(a) A person commits an offense if the person intentionally causes, conspires with another person to cause, or assists another to cause the unwarranted commitment of a person to a treatment facility.
(b) A person commits an offense if the person knowingly violates this chapter.
Terms Used In Texas Health and Safety Code 462.008
- Conviction: A judgement of guilt against a criminal defendant.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) An individual who commits an offense under this section is subject on conviction to:
(1) a fine of not less than $50 or more than $25,000 for each violation and each day of a continuing violation;
(2) confinement in jail for not more than two years for each violation and each day of a continuing violation; or
(3) both fine and confinement.
(d) A person other than an individual who commits an offense under this section is subject on conviction to a fine of not less than $500 or more than $100,000 for each violation and each day of a continuing violation.
(e) If it is shown on the trial of an individual that the individual has previously been convicted of an offense under this section, the offense is punishable by:
(1) a fine of not less than $100 or more than $50,000 for each violation and each day of a continuing violation;
(2) confinement in jail for not more than four years for each violation and each day of a continuing violation; or
(3) both fine and confinement.
(f) If it is shown on the trial of a person other than an individual that the person previously has been convicted of an offense under this section, the offense is punishable by a fine of not less than $1,000 or more than $200,000 for each violation and each day of a continuing violation.
(g) The appropriate district or county attorney shall prosecute violations of this chapter.