Tex. Penal Code Section 38.111
Improper Contact with Victim


(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 (Definitions)(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 (Definitions)(a)(14); or

(2)

a “secure correctional facility” or “secure detention facility” as those terms are defined by Section 51.02 (Definitions), Family Code.
Added by Acts 2001, 77th Leg., ch. 1337, Sec. 1, eff. Sept. 1, 2001.
Amended by:
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.

Source: Section 38.111 — Improper Contact with Victim, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­38.­htm#38.­111 (accessed Mar. 23, 2024).

38.01
Definitions
38.02
Failure to Identify
38.03
Resisting Arrest, Search, or Transportation
38.04
Evading Arrest or Detention
38.05
Hindering Apprehension or Prosecution
38.06
Escape
38.07
Permitting or Facilitating Escape
38.08
Effect of Unlawful Custody
38.09
Implements for Escape
38.10
Bail Jumping and Failure to Appear
38.11
Prohibited Substances and Items in Correctional or Civil Commitment Facility
38.12
Barratry and Solicitation of Professional Employment
38.13
Hindering Proceedings by Disorderly Conduct
38.14
Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer
38.15
Interference with Public Duties
38.16
Preventing Execution of Civil Process
38.17
Failure to Stop or Report Aggravated Sexual Assault of Child
38.18
Use of Collision Report Information and Other Information for Pecuniary Gain
38.19
Failure to Provide Notice and Report of Death of Resident of Institution
38.111
Improper Contact with Victim
38.112
Tampering with Electronic Monitoring Device
38.113
Unauthorized Absence from Community Corrections Facility, County Correctional Center, or Assignment Site
38.114
Contraband in Correctional Facility
38.115
Operation of Unmanned Aircraft over Correctional Facility or Detention Facility
38.122
Falsely Holding Oneself out as a Lawyer
38.123
Unauthorized Practice of Law
38.151
Interference with Police Service Animals
38.152
Interference with Radio Frequency Licensed to Government Entity
38.171
Failure to Report Felony
38.172
Failure to Report Assault, Neglect, or Omission of Care in Certain Group Homes

Accessed:
Mar. 23, 2024

§ 38.111’s source at texas​.gov