(a) A person commits an offense if the person, while confined in a correctional facility after being charged with or convicted of an offense listed in Article 62.001(5), Code of Criminal Procedure, contacts by letter, telephone, or any other means, either directly or through a third party, a victim of the offense or a member of the victim’s family, if the director of the correctional facility has not, before the person makes contact with the victim:
(1) received written and dated consent to the contact from:
(A) the victim, if the victim was 17 years of age or older at the time of the commission of the offense for which the person is confined; or
(B) if the victim was younger than 17 years of age at the time of the commission of the offense for which the person is confined:
(i) a parent of the victim;
(ii) a legal guardian of the victim;
(iii) the victim, if the victim is 17 years of age or older at the time of giving the consent; or
(iv) a member of the victim’s family who is 17 years of age or older; and
(2) provided the person with a copy of the consent.
(b) The person confined in a correctional facility may not give the written consent required under Subsection (a)(2)(A).
(c) It is an affirmative defense to prosecution under this section that the contact was:
(1) indirect contact made through an attorney representing the person in custody; and
(2) solely for the purpose of representing the person in a criminal proceeding.
(d) An offense under this section is a Class A misdemeanor unless the actor is confined in a correctional facility after being convicted of a felony described by Subsection (a), in which event the offense is a felony of the third degree.
(e) In this section, “correctional facility” means:
(1) any place described by Section 1.07(a)(14); or
(2) a “secure correctional facility” or “secure detention facility” as those terms are defined by Section 51.02, Family Code.
Added by Acts 2001, 77th Leg., ch. 1337, Sec. 1, eff. Sept. 1, 2001.
Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 2.11, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 41, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1066 (H.B. 1343), Sec. 5, eff. September 1, 2019.
Sec. 38.01 | Sec. 38.02 | Sec. 38.03 | Sec. 38.04 | Sec. 38.05 | Sec. 38.06 | Sec. 38.07 | Sec. 38.08 | Sec. 38.09 | Sec. 38.10 | Sec. 38.11 | Sec. 38.113 | Sec. 38.114 | Sec. 38.12 | Sec. 38.122 | Sec. 38.123 | Sec. 38.13 | Sec. 38.14 | Sec. 38.15 | Sec. 38.151 | Sec. 38.152 | Sec. 38.16 | Sec. 38.17 | Sec. 38.171 | Sec. 38.18 | Sec. 38.19