Texas Penal Code 37.082 – Misrepresenting a Child as a Family Member at a Port of Entry

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/ Texas Penal Code 37.082 – Misrepresenting a Child as a Family Member at a Port of Entry

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Texas Penal Code 37.082 – Misrepresenting a Child as a Family Member at a Port of Entry

WHAT IS MISREPRESENTING CHILD AS FAMILY MEMBER AT PORT OF ENTRY IN TEXAS?

The Texas law against misrepresenting a child as a family member at a port of entry prohibits falsely representing to port authority that an accompanying child is a family member, so the child or other person may gain illegal entry.

WHAT IS THE MISREPRESENTING CHILD AS FAMILY MEMBER AT PORT OF ENTRY LAW IN TEXAS?

Tex. Penal Code § 37.082. MISREPRESENTING CHILD AS FAMILY MEMBER AT PORT OF ENTRY.

(b) A person commits an offense if the person, with intent to commit an offense under Section 20A.02, knowingly misrepresents a child as a family member of the person to a peace officer or federal special investigator at a port of entry.

(d) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.

WHAT IS THE PENALTY CLASS FOR MISREPRESENTING CHILD AS FAMILY MEMBER AT PORT OF ENTRY IN TEXAS?

Misrepresenting a child as a family member at a port of entry is a Class B misdemeanor, punishable by up to 180 days in county jail.

WHAT IS THE PUNISHMENT RANGE FOR MISREPRESENTING CHILD AS FAMILY MEMBER AT PORT OF ENTRY IN TEXAS?

Misrepresenting a child as a family member at a port of entry, a Class B misdemeanor, carries up to 180 days in jail, and a maximum $2,000 fine.

WHAT ARE THE PENALTIES FOR MISREPRESENTING CHILD AS FAMILY MEMBER AT PORT OF ENTRY IN TEXAS?

A person charged with misrepresenting a child as a family member at a port of entry may be eligible for probation after a conviction, or deferred adjudication without a conviction, for up to two years.

WHAT ARE THE DEFENSES TO MISREPRESENTING CHILD AS FAMILY MEMBER AT PORT OF ENTRY IN TEXAS?

The statute does not authorize specific defenses to misrepresenting a child as a family member at a port of entry. 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 MISREPRESENTING CHILD AS FAMILY MEMBER AT PORT OF ENTRY IN TEXAS?

The limitation period for misrepresenting a child as a family member at a port of entry, a Class B misdemeanor, is two years.

MISREPRESENTING CHILD AS FAMILY MEMBER AT PORT OF ENTRY IN TEXAS

In 2019, the Texas Legislature created a criminal penalty for misrepresenting to port authority that an accompanying child is a family member to further deter illegal entry.

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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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