Understanding Exploitation Laws in Texas

Every year, countless individuals, particularly children, the elderly, and disabled persons, fall victim to financial, physical, and emotional abuse at the hands of those who seek to take advantage of them. Whether it’s a caregiver pressuring an elderly person into signing over assets, a trafficker forcing someone into labor, or a family member misusing a disabled relative’s funds, exploitation laws are designed to hold wrongdoers accountable and protect those most at risk.

Understanding these laws is essential—not just for legal professionals but for anyone who wants to recognize, prevent, or defend against exploitation-related charges. In this article, we break down the key provisions of Texas exploitation laws, the penalties for violating them, and the legal defenses available for those accused. Whether you’re looking to protect yourself or a loved one or understand your legal rights, this article provides the critical information you need.

Exploitation Under Texas Law?

Exploitation generally refers to the illegal or improper use of a person or their resources for personal or financial gain. Texas law specifically protects children, elderly individuals, and disabled persons from such abuse.

Types of Exploitation

• Exploitation of an Elderly or Disabled Person – Taking or using their money, property, or benefits in a way that is illegal or improper. This often happens through lies, force, or trickery.
• Child Exploitation – Any act or omission that puts a child in danger or forces them to work for someone else’s monetary or personal benefit.
• Financial Exploitation – Stealing, tricking, or pressuring someone to hand over their money or property.
• Sexual Exploitation – Sexual abuse of a child, elderly person, or disabled individual, often for profit.

Texas Laws on Exploitation

Several statutes in the Texas Penal Code and other legal provisions govern exploitation crimes:

Exploitation of a Child, Elderly, or Disabled Person – Texas Penal Code Section 32.53 

Under this law, it is a crime to knowingly, intentionally, or recklessly exploit a vulnerable person. Examples include:

• Pressuring an elderly individual into signing over their assets.
• Using a disabled person’s Social Security benefits for personal expenses.
• Coercing a child into performing labor without fair compensation.

This law aims to prevent abuse and hold exploiters accountable.

Protection for Vulnerable Adults — Texas Human Resources Code Section 48.002 

This law mandates that certain professionals, such as caregivers, medical workers, and financial advisors, report suspected cases of exploitation of elderly or disabled individuals.

Human Trafficking — Texas Penal Code Chapter 20A 

Exploitation also intersects with human trafficking laws, particularly when individuals are forced into labor, sex work, or domestic servitude. Texas is one of the leading states for human trafficking enforcement.

Financial Exploitation Protections — Texas Finance Code Chapter 281 

This law requires banks and financial institutions to report suspected financial exploitation of elderly or disabled customers to protect them from fraud or abuse.

Penalties for Exploitation in Texas

Exploitation offenses carry serious legal consequences, including fines and jail time. The penalties vary based on the severity of the crime and the victim involved.

Criminal Penalties

Judges may impose harsher sentences if the crime involves multiple victims or extensive financial loss.

Defenses Against Exploitation Charges

If you or someone you know is facing an exploitation charge in Texas, there are potential legal defenses, including:

• Lack of Intent: Prosecutors must prove that the defendant intentionally or knowingly exploited the victim.
• Consent: If the alleged victim willingly gave money or property, it may not be exploitation.
• False Accusations: Family disputes and misunderstandings sometimes lead to false claims.
• Insufficient Evidence: A case may be dismissed if there isn’t enough proof of wrongdoing.

A skilled criminal defense attorney can evaluate the case and build a strong defense strategy.

Arrested? Don’t Plea, Call Me!

Exploitation laws in Texas exist to protect the most vulnerable members of society, ensuring that those who take advantage of others are held accountable. Whether the crime involves financial fraud, forced labor, or coercion, the legal system takes these offenses seriously, imposing severe penalties for those found guilty. However, not every allegation of exploitation is justified. False accusations, misunderstandings, and lack of intent can lead to wrongful charges, putting innocent individuals at risk of criminal consequences.

If you or a loved one is facing an exploitation-related charge, you don’t have to navigate the legal system alone. Our criminal defense attorneys has a proven track record of defending individuals against exploitation, fraud, and financial abuse allegations. Our experienced attorneys will evaluate your case, build a strong defense strategy, and fight to protect your rights.