(a) An individual commits an offense if the individual intentionally or knowingly fails to provide support for the individual’s child younger than 18 years of age, or for the individual’s child who is the subject of a court order requiring the individual to support the child.
(b) For purposes of this section, “child” includes a child born out of wedlock whose paternity has either been acknowledged by the actor or has been established in a civil suit under the Family Code or the law of another state.

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Terms Used In Texas Penal Code 25.05

  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
  • Another: means a person other than the actor. See Texas Penal Code 1.07
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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
  • Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(c) Under this section, a conviction may be had on the uncorroborated testimony of a party to the offense.
(d) It is an affirmative defense to prosecution under this section that the actor could not provide support for the actor’s child.
(e) The pendency of a prosecution under this section does not affect the power of a court to enter an order for child support under the Family Code.
(f) An offense under this section is a state jail felony.