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Chapter 38 - Offenses Against the Family

Chapter 38 - Offenses Against the Family

46.3801 Bigamy.


(a) A married person commits the crime of bigamy if he:

(1) purports to contract another marriage in this territory; or

(2) cohabits in this territory after a bigamous marriage in another jurisdiction.

(b) A married person does not commit bigamy if, at the time of the subsequent marriage ceremony, he believes that he is legally eligible to remarry.

(c) The defendant has the burden of injecting the issue of belief of eligibility to remarry.

(d) An unmarried person commits the crime of bigamy if he:

(1) purports to contract marriage knowing that the other person is married; or

(2) cohabits in this territory after a bigamous marriage in another jurisdiction.

(e) "Bigamous marriage" has the meaning specified in this section.

(f) Bigamy is a class A misdemeanor.

46.3802 Incest.


(a) A person commits the crime of incest if he marries or purports to marry or engages in sexual intercourse or deviate sexual intercourse with a person he knows to be:

(1) his ancestor or descendant by blood or adoption;

(2) his stepchild or stepparent, while the marriage creating that relationship exists and while the stepchild is 18 years of age or less;

(3) his brother or sister of the whole or half-blood; or

(4) his uncle, aunt, nephew, or niece of the whole blood.

(b) For purposes of this section:

(1) "Sexual intercourse" has the meaning specified in subsection (c) of 46.2001.

(2) "Deviate sexual intercourse" has the meaning specified in subsection (a) of 46.3601.

(3) Incest is a class D felony.

46.3805 Abandonment of child.


(a) A person commits the crime of abandonment of a child if, as a parent, guardian, or other person legally charged with the care or custody of a child less than 8 years old, he leaves the child in any place with purpose wholly to abandon it, under circumstances which may result in serious physical injury, illness or death.

(b) Abandonment of a child is a class D felony.

46.3806 Criminal nonsupport.


(a) A spouse commits the crime of nonsupport if he knowingly fails to provide, without good cause, adequate support for his spouse; a parent commits the crime of nonsupport if such parent knowingly fails to provide, without good cause, adequate support which the parent is legally obligated to provide for his minor child or his minor stepchild.

(b) For purposes of this section:

(1) "Child" means any natural or adoptive, legitimate or illegitimate person under 18 years of age or a mentally retarded or developmentally disabled person regardless of age.

(2) "Good cause" includes any substantial reason why the defendant is unable to provide adequate support. Good cause does not exist if the defendant purposely maintains his in-ability to support.

(3) "Support" means food, clothing, lodging, and medical or surgical attention.

(c) The defendant has the burden of injecting the issues raised by paragraph (b) (2).

(d) Criminal nonsupport is a class A misdemeanor, unless the actor leaves the territory for the purpose of avoiding his obligation to support, then it is a class D felony.

46.3810 Endangering the welfare of a child.


(a) A person commits the crime of endangering the welfare of a child if:

(1) he knowingly acts in a manner that creates a substantial risk to the life, body, or health of a child less than 18 years old;

(2) he knowingly encourages, aids or causes a child less than 18 years old to engage in any conduct which causes or tends to cause a substantial risk to the life, body, or health of the child; or

(3) being a parent, guardian, or other person legally charged with the care or custody of a child less than 18 years old, he recklessly fails or refuses to exercise reasonable diligence in the care or control of the child to prevent a substantial risk to the life, body, or health of the child.

(b) Endangering the welfare of a child is a class A misdemeanor.

46.3811 Abuse of a child.


(a) Abuse of a child has the meaning specified in subsection (a) 45.2001.

(b) Abuse of a child is a class D felony.