Texas injury to a child, elderly individual, or disabled individual — Penal Code § 22.04
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Bottom line up front: Texas Penal Code § 22.04 protects three classes of victims — children under 15, elderly individuals 65 and older, and persons with documented disabilities. The classification turns on (1) the level of injury (bodily injury vs. serious bodily injury vs. serious mental deficiency) and (2) the mental state (intentional, knowing, reckless, or with criminal negli
Classification: State jail felony up to 1st-degree felony
Punishment range: State jail felony (180 days–2 years) for negligent bodily injury up to 1st-degree felony (5-99 years or life) for intentional serious bodily injury
The controlling statute
Texas Penal Code § 22.04 protects three classes of victims — children under 15, elderly individuals 65 and older, and persons with documented disabilities. The classification turns on (1) the level of injury (bodily injury vs. serious bodily injury vs. serious mental deficiency) and (2) the mental state (intentional, knowing, reckless, or with criminal negligence).
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 22.04 |
| Cluster | Violent Crimes |
| Classification | State jail felony up to 1st-degree felony |
| Range | State jail felony (180 days–2 years) for negligent bodily injury up to 1st-degree felony (5-99 years or life) for intentional serious bodily injury |
| Last reviewed | 2026-05-13 |
Elements the State must prove
To convict on a Texas § 22.04 charge, the State must prove every element beyond a reasonable doubt:
- Defendant caused (or by omission failed to prevent) the injury
- Victim is a child under 15, elderly individual 65+, or disabled individual
- Injury is bodily injury, serious bodily injury, or serious mental deficiency
- Required mental state (intentional, knowing, reckless, or criminally negligent)
Defense strategies we use
L and L Law Group, PLLC develops the following defense strategies on every Texas Injury to a Child, Elderly Individual, or Disabled Individual case:
- Lack of required mental state (negligence ≠ recklessness ≠ knowing/intentional)
- Affirmative defense for parental discipline (Penal Code § 9.61) — reasonable corporal discipline
- Affirmative defense for caretaker following a written care plan under § 22.04(l)
- Insufficient evidence of victim's qualifying status (age or disability)
- Causation defense — pre-existing condition, intervening cause
- Medical examination challenges, forensic pediatric expert testimony
Enhancements & collateral consequences
Intentional or knowing serious bodily injury is a 1st-degree felony (5-99 years or life). Reckless serious bodily injury is a 2nd-degree felony. Knowing or intentional bodily injury is a 3rd-degree felony. Criminally negligent serious bodily injury is a state jail felony.
Key Legal Terms
- Bodily Injury (§ 1.07(a)(8))
- Physical pain, illness, or any impairment of physical condition. The threshold is low — a slap, push, or grab causing physical pain qualifies.
- Serious Mental Deficiency, Impairment, or Injury
- A § 22.04(c)(4) defined term for offenses against children and disabled individuals — substantial harm to brain function or development, often proved through pediatric or neurological expert testimony.
- Parental Discipline Defense (§ 9.61)
- Affirmative defense allowing non-deadly force by parent, stepparent, or guardian against a child under 18 when the actor reasonably believes the force is necessary to discipline or safeguard the child.
In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
Who is an "elderly individual" under Penal Code § 22.04?
Who is a "disabled individual" under Penal Code § 22.04?
Can a parent be charged with injury to a child for discipline in Texas?
What is "serious bodily injury" in a § 22.04 case?
Is injury to a child by omission a defense?
References & Authoritative Sources
About the Authors
Charged with Texas Injury to a Child, Elderly Individual, or Disabled Individual? Talk to L and L Law Group.
Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.
Call (972) 370-5060