Injury to an Elderly or Disabled Person in Texas

Is disability defined only by inability to care for oneself?

No. Section 22.04(c) lists particular conditions and an additional functional definition. Counsel should use the actual statutory language rather than rely on an informal description or diagnosis label alone.

Can an omission allegation involve a facility employee?

Yes. The statute contains specific institutional-care provisions. The person’s role, resident status and alleged failure require analysis under those provisions, not an assumption that every workplace error is a felony.

What should be reviewed first?

Identify the protected-status basis, alleged injury, claimed conduct and dates. Obtain relevant care records through lawful channels. Counsel should also consider any applicable statutory defense, including the specific disability-knowledge provision, without treating it as a universal defense to every charge.

A practical example and questions for counsel

Hypothetical example: Suppose a care-facility employee is accused after an injury to a resident. Job title alone does not answer what duty was assumed, what act or omission is alleged, or the required mental state. Counsel should review the applicable facility provision, assigned responsibilities and contemporaneous records. Also separate an internal employment finding from the elements of the criminal charge. The same incident can be reviewed under different standards, and a workplace conclusion should not be substituted for proof of every criminal element.

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?

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Last updated October 2026