WHAT DOES A CHARGE OF INJURY TO A CHILD, ELDERLY, OR DISABLED INDIVIDUAL MEAN IN TEXAS?
When a person intentionally, knowingly, recklessly, or with criminal negligence by act or by omission causes bodily injury, serious bodily injury, or serious mental deficiency, impairment, or injury to a child, elderly individual, or disabled individual, then that person has allegedly committed the crime of Injury to a Child, Elderly, or Disabled Individual according to Tex. Penal Code § 22.04.
To understand what the charge means in Texas, you must understand the elements of the charge. And if those elements are satisfied, the State can win its case against you.
VICTIMS OF THE ALLEGED CRIME
In order to be charged with this crime, the subject of the crime must meet certain qualifications as a child, elderly individual, or disabled individual. Tex. Penal Code § 22.04(c) defines three categories of victims as:
- Child, a person who is 14 years of age or younger.
- An elderly individual, a person who is 65 years of age or older.
- A disabled individual, a person either who is substantially unable to protect him or herself from harm or to provide food, shelter, or medical care for him or herself, or who has:
- autism spectrum disorder (Insurance Code § 1355.001),
- developmental disability (Human Resources Code § 112.042),
- intellectual disability (Health and Safety Code § 591.003),
- severe emotional disturbance (Family Code § 261.001, Family Code), and/or
- traumatic brain injury (Health and Safety Code § 92.001).
BODILY INJURY V. SERIOUS BODILY INJURY
Tex. Penal Code § 1.07(8) defines bodily injury as “physical pain, illness, or any impairment of physical condition.” Tex. Penal Code § 1.07(46) defines serious bodily injury as “bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
Basically, a bodily injury is something that merely “hurts” and the presence of a bruise of blood is unnecessary, but a serious bodily injury is so substantial it could mean the loss of a functioning organ, loss of limb, or other injury that exceeds the pain threshold of “it hurts.”
STATE OF MIND
Intentionally, knowingly, and recklessly are culpable mental states necessary to prove a charge of Injury to Child, Elderly Individual, or Disabled Individual in the absence of criminal negligence. Texas Penal Code Ann. § 6.03 outlines the definitions of these three mental states.
(a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
(b) A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
(c) A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
CRIMINAL NEGLIGENCE
In cases where intentional, knowing, or reckless states of mind are not present, criminal negligence must be proven. There are two requirements to satisfy criminal negligence: (1) a substantial and (2) unjustifiable risk existed or at least that it could occur and the person should have been aware of that risk. The determination of this risk is the reasonable person test.
According to Tex. Penal Code §6.03(d), if the risk is of such a nature and degree that an ordinary person under the same circumstances would not have failed to understand it was a risk, then the failure constitutes a gross deviation from the standard of care, which is criminal negligence.
OMISSION
This offense can be charged for acts committed or for acts not committed, making this offense unique to most other offenses that require only a commission of an act. According to Tex. Penal Code § 22.04(a), an omission results in an offense if the omission causes an injury defined under the statute and the alleged offender has:
- A legal duty to act
- A statutory duty to act, or
- Assumed care, custody, or control of a child, elderly, or disabled individual. [Tex. Pen. Code §22.04(d)].
These persons who have a legal duty, statutory duty, or assume care can include but are not limited to:
- Parents or guardians,
- Caregivers, or
- Owners, operators, and employees of group homes, nursing facilities, assisted living facilities, intermediate care facilities for persons with mental retardation, or other institutional care facilities. [Tex. Pen. Code § 22.04(a-1)].
CLASSIFICATION & PENALTIES OF INJURY TO CHILD, ELDERLY, OR DISABLED INDIVIDUALS IN TEXAS
Classification of the offense is entirely dependent on the nature and extent of the circumstances. Penalties are dependent on the classification. The below chart outlines the classification and penalties according to the specific circumstances.
| Mental State | Injury | Class | Punishment Range | Potential Fine |
| Intentional or Knowing | Serious Bodily Injury | First Degree | 5-99 years or Life | Up to $10,000 |
| Intentional or Knowing | Serious mental deficiency, impairment or injury | First Degree | 5-99 years or Life | Up to $10,000 |
| Reckless | Serious Bodily Injury | Second Degree | 2-20 years | Up to $10,000 |
| Reckless | Serious mental deficiency, impairment or injury | Second Degree | 2-20 years | Up to $10,000 |
| Intentional or Knowing | Bodily Injury | Third Degree | 2-10 years | Up to $10,000 |
| Reckless | Bodily Injury | State Jail Felony | 180 days – 2 years | Up to $10,000 |
| Negligent | Serious Bodily Injury | State Jail Felony | 180 days – 2 years | Up to $10,000 |
| Negligent | Serious mental deficiency, impairment or injury | State Jail Felony | 180 days – 2 years | Up to $10,000 |