Texas Penal Code 32.53 – Exploitation of Child, Elderly Individual, or Disabled Individual
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(a) In this section:
(1) “Child,” “elderly individual,” and “disabled individual” have the meanings assigned by § 22.04.
(2) “Exploitation” means the illegal or improper use of a child, elderly individual, or disabled individual or of the resources of a child, elderly individual, or disabled individual for monetary or personal benefit, profit, or gain.
(b) A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.
Terms Used In Texas Penal Code 32.53
- Another: means a person other than the actor. See Texas Penal Code 1.07
- Benefit: means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. See Texas Penal Code 1.07
- Consent: means assent in fact, whether express or apparent. See Texas Penal Code 1.07
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Penal Code 1.07
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(c) An offense under this section is a felony of the third degree.
(d) 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. § 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.
(e) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the Medicaid program.