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Injury to a Child by Omission in Texas
Can failure to act support an injury-to-a-child charge in Texas? Understand legal duties, assumed care and the separate causation requirement.
In short: Section 22.04 permits specified omission-based charges when the person had a legal or statutory duty or had assumed care, custody or control. The State must also establish the applicable mental state, injury and causation. Being nearby is not a substitute for the required duty analysis.
Explore this page 9 sections
Must the accused be a parent?
No. The statute also addresses assumed care, custody or control. Words, conduct and the actual responsibility undertaken can matter. Counsel should identify the legal basis for the alleged duty.
Does a bad outcome prove an omission offense?
No. The prosecution must connect the failure to act to the required injury and mental state. Review what the person knew, what responsibility existed and the alleged causal mechanism separately.
Which records help clarify responsibility?
Care arrangements, schedules, communications and relevant medical records may matter. Preserve originals and identify who was responsible at each point. Special institutional-care provisions also require attention when the allegation concerns a facility owner, operator or employee.
A practical example and questions for counsel
Hypothetical example: Suppose several adults shared caregiving responsibilities. The fact that all were present does not establish the same duty, knowledge or omission for each. Counsel should identify who accepted which responsibility and during what period, then compare the alleged failure with the resulting injury. Written arrangements may help but should be checked against actual conduct. Distinguish a missing duty element from a dispute about whether the required action would have prevented the harm. Both can matter, but they are not the same issue.
How this fits Texas law
Section 22.04 distinguishes the protected person’s status, the injury category, the mental state and acts versus omissions. A child here is 14 or younger; an elderly individual is 65 or older. The disability definition has additional statutory detail. Penalties vary substantially, so the accusation cannot be classified from the victim’s age alone.
How do I get started?
The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013. Phones are answered 24/7, with AI covering when no staff is free.
Last updated October 2026
Common questions
Must the accused be a parent?
No.
Does a bad outcome prove an omission offense?
No.
Which records help clarify responsibility?
Care arrangements, schedules, communications and relevant medical records may matter.
Protecting Good People During Hard Times
Do not wait for your court date to get help. Call (214) 239-2013.
Phones are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.