Enticing a Child in Texas: Charges, Laws, and Penalties

Being accused of enticing a child in Texas is a serious matter. It can happen more easily than many people think, and even if the situation was misunderstood, the law can come down hard. 

Whether you’re a parent, a relative, or someone simply trying to help a child, it’s critical to know what Texas law actually says, how intent affects the charge, and what defenses are available.

Enticing a Child Means Under Texas Law

Under Texas Penal Code § 25.04, the offense of enticing a child occurs when a person knowingly or intentionally entices, persuades, or takes a child under the age of 18 away from their parent or guardian without that guardian’s permission.

It doesn’t have to involve force. It doesn’t even require physical contact.

Key things to know:

• The child doesn’t have to leave for the charge to stick. Even attempting to convince them is enough.
• You don’t need to be a stranger. Family members, friends, or neighbors can also be charged.
• Consent is everything. If the guardian didn’t approve, the act may be criminal—even if your intentions were good.

This law is designed to protect minors, especially in situations where there could be grooming, manipulation, or parental alienation.

Two Levels of the Offense of Enticing the Child in Texas

Class B Misdemeanor

This applies when the person tried to persuade or take the child but wasn’t planning to commit another felony like assault or trafficking.

Penalties:

• Up to 180 days in county jail
• Up to $2,000 in fines
• A permanent criminal record

Third-Degree Felony

If there’s evidence the person planned to commit another felony (for example, sexual assault, kidnapping, or human trafficking), the charge is upgraded.

Penalties:

• 2 to 10 years in prison
• Up to $10,000 in fines
• In some cases, mandatory sex offender registration

Intent is what transforms this from a misdemeanor into a life-changing felony. If prosecutors believe you had a secondary criminal motive, the consequences go up drastically.

Additional Consequences Beyond Jail Time

Even if you avoid prison, an enticing a child conviction can lead to:

• Criminal record visible to employers, landlords, and schools
• Loss of child custody or visitation rights
• Difficulty finding work, especially in education, healthcare, or anything involving minors
• Sex offender registration in felony cases, depending on the facts

This is why it’s so important to treat this charge seriously, even at the misdemeanor level.

How Prosecutors Prove “Intent”?

Proving intent is key, especially in felony cases. Prosecutors won’t always have a confession, so they rely on circumstantial evidence to build a case.

They may present:

• Text messages or call logs showing communication with the child
• Social media messages that suggest secrecy or coercion
• Surveillance video showing you picking the child up or meeting in private
• Witness statements from bystanders or other children
• Past behavior, including criminal history or any patterns of inappropriate contact

Intent doesn’t have to be obvious. Even vague comments, suggestive language, or previous accusations can be twisted to imply more than was intended. Prosecutors only need to show there was some plan beyond just contacting the child.

Common Real-World Scenarios That Lead to Charges

You’d be surprised how often well-meaning people end up facing this charge due to misunderstanding or poor judgment.

Here are some realistic examples:

• An uncle picks up his niece from school without telling the parents first.
• A non-custodial parent offers to take their child out for the weekend without court approval.
• A coach gives a ride to a player after practice—without checking with the parents.
• Someone meets a minor from a chat app and thinks it’s harmless, even if nothing physical happened.

These situations can spiral fast if the other parent, the school, or police assume bad intent.

Defenses if Charged with Enticing a Child in Texas

You’re not guilty just because you were accused. Here are common defenses:

You Had Parental Permission

If the parent or guardian gave consent—even verbally—it’s a strong defense.

No Intent to Lure or Harm

You may have interacted with the child, but without any intent to take them or commit a felony.

Misunderstanding or False Report

This is common in custody battles or when neighbors or strangers assume the worst.

Mistaken Identity

Someone else may have committed the act. This happens in situations where there’s little to no evidence or vague witness descriptions.

A criminal defense attorney will look at how the evidence was gathered, whether the arrest was lawful, and whether the child was persuaded or simply agreed to go on their own.

What to Do If You’re Accused of Enticing a Minor?

If you’re being investigated or charged with enticing a child:

1. Do not speak to police without a lawyer. What you say can and will be used against you.
2. Get a criminal defense attorney with experience in child-related offenses.
3. Do not contact the child or their family, even if you think it’ll “clear things up.”
4. Save all evidence—texts, emails, location data—that could help prove your side of the story.
5. Stay off social media. One wrong post could make things worse.

Arrested? Don’t Plea, Call Me!

Facing an enticing a child charge in Texas is overwhelming, and the consequences can follow you for life even if you meant no harm. Between the legal complexities, the emotional weight, and the potential for felony-level penalties, you need more than just general advice. You need an experienced criminal defense attorney who knows how to protect your rights, challenge weak evidence, and guide you through every step of the process.

If you’ve been accused or charged, don’t wait.
Contact a qualified criminal defense attorney today to discuss your options and start building your defense. Your future depends on what you do next.