Texas Penal Code 37.081 – False Report Regarding Missing Child or Missing Person

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/ Texas Penal Code 37.081 – False Report Regarding Missing Child or Missing Person

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Texas Penal Code 37.081 – False Report Regarding Missing Child or Missing Person

WHAT IS FALSE REPORT REGARDING MISSING CHILD OR MISSING PERSON IN TEXAS?

The Texas law against false report regarding missing child or missing person prohibits knowingly making or filing a false report with law enforcement that a child or person is missing.

WHAT IS THE FALSE REPORT REGARDING MISSING CHILD OR MISSING PERSON LAW IN TEXAS?

Tex. Penal Code § 37.081. FALSE REPORT REGARDING MISSING CHILD OR MISSING PERSON.

(a) A person commits an offense if, with intent to deceive, the person knowingly:

(1) files a false report of a missing child or missing person with a law enforcement officer or agency; or

(2) makes a false statement to a law enforcement officer or other employee of a law enforcement agency relating to a missing child or missing person.

(b) An offense under this section is a Class C misdemeanor.

WHAT IS THE PENALTY CLASS FOR FALSE REPORT REGARDING MISSING CHILD OR MISSING PERSON IN TEXAS?

Making a false report about a missing child or person is a Class C misdemeanor, punishable by a maximum $500 fine.

WHAT IS THE PUNISHMENT RANGE FOR FALSE REPORT REGARDING MISSING CHILD OR MISSING PERSON IN TEXAS?

The punishment range for making a false report regarding a missing child or missing person, a Class C misdemeanor, is a maximum fine of $500 and no jail time.

WHAT ARE THE PENALTIES FOR FALSE REPORT REGARDING MISSING CHILD OR MISSING PERSON IN TEXAS?

A person charged with falsely reporting a missing child or person is eligible for up to 180 days of deferred adjudication community supervision, which does not result in a conviction. If convicted, the person will only be subject to a maximum $500 fine, and no community supervision requirements.

WHAT ARE THE DEFENSES TO FALSE REPORT REGARDING MISSING CHILD OR MISSING PERSON IN TEXAS?

The statute does not authorize specific defenses to false report regarding missing child or missing person. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.

WHAT IS THE STATUTE OF LIMITATIONS FOR FALSE REPORT REGARDING MISSING CHILD OR MISSING PERSON IN TEXAS?

The limitation period for making a false report regarding a missing child or person, a Class C misdemeanor, is two years.

FALSE REPORT REGARDING MISSING CHILD OR MISSING PERSON IN TEXAS

Encouraging members of society to freely report crimes is important, but the Legislature also recognizes the societal interest in deterring and punishing false reports to law enforcement. Falsely reporting a missing child or person causes law enforcement to use valuable resources that could have otherwise been spent on fruitful investigations.

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CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest.

CHARGES DISMISSED

DWI 2ND

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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