Texas Penal Code 25.10 – Interference With Rights of Guardian of the Person
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(a) In this section:
(1) “Possessory right” means the right of a guardian of the person to have physical possession of a ward and to establish the ward’s legal domicile, as provided by § 1151.051(c)(1), Estates Code.
(2) “Ward” has the meaning assigned by Chapter 1002, Estates Code.
(b) A person commits an offense if the person takes, retains, or conceals a ward when the person knows that the person’s taking, retention, or concealment interferes with a possessory right with respect to the ward.
Terms Used In Texas Penal Code 25.10
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
- Possession: means actual care, custody, control, or management. See Texas Penal Code 1.07
(c) An offense under this section is a state jail felony.
(d) This section does not apply to a governmental entity where the taking, retention, or concealment of the ward was authorized by Subtitle E, Title 5, Family Code, or Chapter 48, Human Resources Code.