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Appendix I: Actions That Constitute a Crime

APS Provider Investigations April 2017

Examples of reportable criminal offenses often seen in APS PI cases include:

  •  offenses against children, persons who are age 65 or older, and adults with disabilities;

  •  sexual offenses;

  •  assaults; and

  •  terroristic threats.

Injury to a Child, Persons Who Are Age 65 or Older, and Adults With a Disability

Section 22.04 of the Penal Code states that a person commits an offense if he or she causes a child, a person age 65 or older, or an adult with a disability:

  •  serious bodily injury;

  •  serious physical or mental deficiency or impairment; or

  •  bodily injury.

To be held responsible for injuring a child, person age 65 or older, or adult with a disability, the alleged perpetrator must have been required by legal authority to act as or have assumed the role of caretaker.

A person who is an owner, operator or employee of a HCSSA provider, a group home, nursing facility, assisted living facility, intermediate care facility for individuals with an intellectual disability or related conditions, or other institutional care facility commits an offense if he causes a child, person age 65 or older, or an adult with a disability:

  •  serious bodily injury;

  •  serious physical or mental deficiency or impairment; or

  •  bodily injury; or

  •  exploitation.

Sexual Offenses

Sexual offenses that must be reported to law enforcement include indecent exposure, sexual assault, aggravated sexual assault, and intentionally exposing another person to AIDS or HIV.

Indecent Exposure

A person commits indecent exposure if he or she exposes his or her anus or any part of the genital area with intent to arouse or gratify the sexual desire of any person.

Texas Penal Code §21.08

Sexual Assault

A person commits sexual assault if he or she causes, without consent of the other person (including a spouse):

  •  anal or vaginal penetration of another person by any means;

  •  oral penetration of another person by the alleged perpetrator’s sexual organ; or

  •  contact or penetration of the sexual organ of another person with the mouth, anus, or sexual organ of the victim, another person, or the alleged perpetrator.

This may include one individual receiving services sexually assaulting another.

Texas Penal Code §22.011

Aggravated Sexual Assault

The sexual offense is upgraded to aggravated sexual assault if the conditions of Penal Code §22.021 are met, such as:

  •  using or displaying a deadly weapon during the criminal act;

  •  causing bodily injury;

  •  placing the victim in fear of death or another person’s death;

  •  kidnapping or threatening to kidnap the victim or another person during the sexual assault; or

  •  facilitating the criminal activities listed above during the commission by another individual.

Assault

A person commits assault when he or she:

  •  causes bodily injury to another person, including his or her spouse;

  •  threatens another person (including his or her spouse) with imminent bodily injury; or

  •  causes physical contact with another person (including his or her spouse) when he or she knows or should reasonably believe that the other person will regard the contact as offensive or provocative.

This may include one individual receiving services assaulting another.

Texas Penal Code §22.01

Terroristic Threats

If an owner, operator, or employee, in a setting that APS PI investigates, threatens an individual receiving services with serious bodily injury, the incident must be reported to law enforcement. The investigator provides enough information for law enforcement to evaluate the potential for danger.

The investigator consults with the supervisor, district director or district director’s designee, and regional attorney before notifying an endangered person of a threat made by another person.

Texas Penal Code §22.07

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