Penal Code § 22.04 – Injury to an Elderly Individual (Criminal Liability for Abuse or Neglect)
Table of Contents
Code Details
PENAL CODE
TITLE 5. OFFENSES AGAINST THE PERSON
CHAPTER 22. ASSAULTIVE OFFENSES
Exact Statute Text
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INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual:
(1) serious bodily injury;
(2) serious mental deficiency, impairment, or injury; or
(3) bodily injury.
(a-1) A person commits an offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, boarding home facility, intermediate care facility for persons with an intellectual or developmental disability, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility:
(1) serious bodily injury;
(2) serious mental deficiency, impairment, or injury; or
(3) bodily injury.
(b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), (2), or (3) is conduct constituting an offense under this section if:
(1) the actor has a legal or statutory duty to act; or
(2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual.
(c) In this section:
(1) “Child” means a person 14 years of age or younger.
(2) “Elderly individual” means a person 65 years of age or older.
(3) “Disabled individual” means a person:
(A) with one or more of the following:
(i) autism spectrum disorder, as defined by Section 1355.001, Insurance Code;
(ii) developmental disability, as defined by Section 112.042, Human Resources Code;
(iii) intellectual disability, as defined by Section 591.003, Health and Safety Code;
(iv) severe emotional disturbance, as defined by Section 261.001, Family Code;
(v) traumatic brain injury, as defined by Section 92.001, Health and Safety Code; or
(vi) mental illness, as defined by Section 571.003, Health and Safety Code; or
(B) who otherwise by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person’s self from harm or to provide food, shelter, or medical care for the person’s self.
(4) Repealed by Acts 2011, 82nd Leg, R.S., Ch. 620, Sec. 11, eff. September 1, 2011.
(d) For purposes of an omission that causes a condition described by Subsection (a)(1), (2), or (3), the actor has assumed care, custody, or control if the actor has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that the actor has accepted responsibility for protection, food, shelter, or medical care for a child, elderly individual, or disabled individual. For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), or (3), the actor acting during the actor’s capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, or medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility.
(e) An offense under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the first degree when the conduct is committed intentionally or knowingly. When the conduct is engaged in recklessly, the offense is a felony of the second degree.
(f) An offense under Subsection (a)(3) or (a-1)(3) is a felony of the third degree when the conduct is committed intentionally or knowingly, except that an offense under Subsection (a)(3) is a felony of the second degree when the conduct is committed intentionally or knowingly and the victim is a disabled individual residing in a center, as defined by Section 555.001, Health and Safety Code, or in a facility licensed under Chapter 252, Health and Safety Code, and the actor is an employee of the center or facility whose employment involved providing direct care for the victim. When the conduct is engaged in recklessly, the offense is a state jail felony.
(g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. An offense under Subsection (a-1) is a state jail felony when the person, with criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), or (3).
(h) A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently.
(i) It is an affirmative defense to prosecution under Subsection (b)(2) that before the offense the actor:
(1) notified in person the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d), and notified in writing the parents or a person, other than the actor, acting in loco parentis to the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d); or
(2) notified in writing the Department of Family and Protective Services that the actor would no longer provide the applicable care described by Subsection (d).
(j) Written notification under Subsection (i)(2) or (i)(3) is not effective unless it contains the name and address of the actor, the name and address of the child, elderly individual, or disabled individual, the type of care provided by the actor, and the date the care was discontinued.
(k) It is a defense to prosecution under this section that the act or omission consisted of:
(1) reasonable medical care occurring under the direction of or by a licensed physician; or
(2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts.
(l) It is an affirmative defense to prosecution under this section:
(1) that the act or omission was based on treatment in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy;
(2) for a person charged with an act of omission causing to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that:
(A) there is no evidence that, on the date prior to the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and
(B) the person:
(i) was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title;
(ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and
(iii) did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or
(3) that:
(A) the actor was not more than three years older than the victim at the time of the offense; and
(B) the victim was a nondisabled or disabled child at the time of the offense.
(m) It is an affirmative defense to prosecution under Subsections (a)(1), (2), and (3) for injury to a disabled individual that the person did not know and could not reasonably have known that the individual was a disabled individual, as defined by Subsection (c), at the time of the offense.
Penal Code § 22.04 Summary
Texas Penal Code § 22.04 makes it a criminal offense to cause injury to a child, an elderly individual, or a disabled individual. The statute applies to individuals who act intentionally, knowingly, recklessly, or with criminal negligence. It also covers omissions (failure to act) if the person had a legal duty or had assumed responsibility for the vulnerable person’s care. “Elderly individual” is specifically defined as someone 65 years of age or older. The severity of the offense depends on the level of injury (bodily injury, serious bodily injury, or serious mental deficiency/impairment) and the defendant’s mental state (intent, knowledge, recklessness, or criminal negligence). The statute also creates a specific offense for owners, operators, or employees of institutional care facilities who injure a resident through omission. Penalties range from state jail felonies to first-degree felonies, depending on the circumstances and outcome. Several defenses are provided, including proper notification when discontinuing care, reasonable medical care, emergency care, religious healing practices, and in certain situations, being a victim of family violence.
Purpose of Penal Code § 22.04
The legislative intent behind this statute is to protect the most vulnerable members of society—children, the elderly, and individuals with disabilities—from abuse and neglect. Texas lawmakers recognized that these groups are often dependent on others for their basic needs and are less capable of defending themselves or reporting mistreatment. By establishing specific criminal penalties for causing injury to these protected individuals, the law aims to deter abuse, hold perpetrators accountable, and provide a legal framework for prosecuting those who exploit or harm the vulnerable. It addresses the societal problem of elder abuse, child abuse, and abuse of disabled individuals, acknowledging that harm can arise not only from direct actions but also from a failure to provide necessary care when a duty exists.
Real-World Example of Penal Code § 22.04
Consider the case of Maria, an 80-year-old woman living in a private home with a caregiver, David. Maria relies on David for her meals, medication, and personal hygiene. One week, David begins neglecting his duties, spending less time at home and failing to ensure Maria receives her prescribed medications consistently. He also fails to assist her with bathing, leading to severe skin infections. As a result of David’s intentional or reckless omission of care, Maria suffers from serious bodily injury (the severe infections) and a serious mental impairment due to dehydration and medication withdrawal symptoms.
Under Penal Code § 22.04, David could be charged with injury to an elderly individual. Since David had assumed care, custody, or control of Maria, his omission to provide food, shelter, and medical care constitutes an offense. If his actions were found to be intentional or knowing and resulted in serious bodily injury or serious mental impairment, he could face a first-degree felony charge. Had he merely acted recklessly, the offense could be a second-degree felony. This example illustrates how the statute applies to individuals who have taken on the responsibility of caring for an elderly person and then fail to provide that care, leading to harm.
Related Statutes
Several other Texas statutes relate to the protection of vulnerable individuals or the definitions used within Penal Code § 22.04:
- Penal Code § 22.01 – Assault: This general assault statute covers intentionally, knowingly, or recklessly causing bodily injury to another. While § 22.04 specifically addresses vulnerable populations, a general assault charge might be pursued in some cases, although § 22.04 carries enhanced penalties.
- Family Code § 261.001 – Abuse and Neglect of a Child; Reportable Conditions: While not a criminal statute, this section defines “abuse” and “neglect” in the context of child protective services, and is referenced for the definition of “severe emotional disturbance” within Penal Code § 22.04(c)(3)(A)(iv).
- Human Resources Code § 48.002 – Definitions (Reporting of Abuse, Neglect, or Exploitation of Elderly or Disabled Persons): This code outlines the duty to report abuse, neglect, or exploitation of elderly or disabled persons and defines key terms that, while not directly incorporated, inform the broader context of elder and disabled individual protection in Texas.
- Health and Safety Code §§ 555.001 & 252 – Centers for Persons with Intellectual Disability and Licensing of Assisted Living Facilities: These sections, referenced in Penal Code § 22.04(f), define specific types of facilities where harm to disabled individuals may result in enhanced penalties for employees.
Case Law Interpreting Penal Code § 22.04
Texas courts have frequently interpreted elements of Penal Code § 22.04, particularly concerning the definitions of “serious bodily injury” and the scope of “omission.” For example, in the case of Maldonado v. State, No. 13-16-00366-CR, 2017 WL 2963364 (Tex. App.—Corpus Christi–Edinburg July 12, 2017, no pet.), the appellate court examined the sufficiency of evidence to prove “serious bodily injury” in an injury to an elderly individual case. The court discussed how evidence of substantial risk of death, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ must be established to satisfy this element, considering the specific facts and medical testimony presented in the trial. This particular case highlighted the detailed evidentiary requirements prosecutors must meet to secure a conviction under this statute, especially regarding the severity of the injury.
Why Penal Code § 22.04 Matters in Personal Injury Litigation
Penal Code § 22.04 holds significant weight in personal injury litigation, particularly for cases involving elder abuse or neglect. When a person is criminally charged or convicted under this statute, it can powerfully impact a related civil lawsuit seeking damages for the victim.
Firstly, a criminal conviction for injury to an elderly individual can serve as strong evidence in a civil personal injury claim. In some instances, it may establish “negligence per se,” meaning the defendant’s violation of the criminal statute is conclusive proof of negligence in the civil case. This can significantly streamline the plaintiff’s ability to prove liability.
Secondly, the egregious nature of conduct that violates Penal Code § 22.04 often supports claims for punitive damages in civil litigation. Punitive damages, designed to punish wrongdoers and deter similar conduct, are frequently awarded when the defendant’s actions are found to be intentional, reckless, or grossly negligent, aligning with the mental states required for a conviction under this statute.
For victims and their families, understanding this criminal statute is crucial. It clarifies the legal protections available and underscores the severity with which Texas law views abuse or neglect of the elderly. For personal injury attorneys, knowledge of Penal Code § 22.04 informs strategy. It helps in investigating potential criminal actions alongside civil claims, leveraging criminal findings or even the threat of criminal charges to strengthen a victim’s position in civil settlement negotiations or trial. It ensures that those who harm vulnerable elders face both criminal justice and civil accountability for the injuries and losses they cause.