Did Kristine Barnett Go to Jail? Texas Equivalent Charges Explained
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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.
Table of Contents
The case background — what was alleged
Kristine and Michael Barnett legally adopted Natalia Grace, a Ukrainian girl with spondyloepiphyseal dysplasia (a form of dwarfism), in 2010. The Barnetts later alleged Natalia was an adult posing as a child to harm them, and obtained an Indiana court order changing her legal age in 2012. They subsequently moved to Canada and left Natalia in an apartment in Lafayette, Indiana, on her own. In 2019, Indiana prosecutors filed neglect-of-a-dependent charges against both Barnetts under Indiana Code § 35-46-1-4. The case became a Discovery+/HBO documentary subject and generated extensive national coverage.
Why the charges collapsed
Michael Barnett went to trial in October 2022 and was acquitted by jury verdict on all counts. The defense centered on the 2012 Indiana court order that legally changed Natalia's age — establishing that, as a matter of court record, she was a legal adult at the time of the alleged abandonment. Because the abandonment of an adult is generally not a crime, the "dependent" element of the Indiana statute could not be proven beyond a reasonable doubt. Kristine's charges were subsequently dismissed in October 2022 by prosecutorial decision following Michael's acquittal.
Texas equivalent — Penal Code § 22.041 (Abandoning or Endangering a Child)
Texas Penal Code § 22.041 makes it a state-jail felony to intentionally abandon a child under 15 without leaving the child with a person reasonably believed to provide adequate care, or to place a child in circumstances exposing them to risk of serious bodily injury. The offense becomes a third-degree felony if the abandonment occurred under circumstances threatening imminent danger, and a second-degree felony if intent to return was absent. Endangering a child (placing in circumstances of imminent danger of death, bodily injury, or physical/mental impairment) is also covered. Key element: the child must be under 15. An adult — or a legally adult-aged person — falls outside the statute.
Texas adult-child age dispute scenarios — the "Barnett problem"
Texas courts have addressed age-establishment issues primarily in immigration cases and adoption contests, but no Texas statute parallels Indiana's 2012 mechanism for re-fixing the legal age of a person. Birth certificates in Texas are governed by Health & Safety Code Chapter 192. Amendments require either a court order (typically for typographical errors or DNA-established paternity) or specific statutory procedures. Texas does not have a procedure for "changing" a person's legal age after the fact based on developmental or medical evidence. A Texas defendant in similar circumstances would likely face fact-finding hearings to establish the alleged victim's actual age — and would have far less procedural support for an adult-status defense.
What this means for Texas parents facing child-related criminal investigations
Texas child endangerment, abandonment, and neglect charges are aggressively prosecuted in Collin, Dallas, Denton, and Tarrant counties. The combined effect of Penal Code §§ 22.04 (injury to child), 22.041 (abandoning), and the Family Code Chapter 261 reporting mandates means almost any allegation triggers a Child Protective Services investigation in parallel with criminal proceedings. CPS findings have lower evidentiary standards (preponderance) than criminal charges (beyond reasonable doubt), so families can lose custody while criminal charges are pending or even after acquittal. Coordinated defense — criminal and family law — is essential. The Barnett case illustrates how rare and difficult adult-status defenses are; most child-related Texas cases turn on credibility, medical evidence, and procedural challenges to CPS findings rather than age disputes.
Texas Marijuana Charges by Weight
| Weight | Offense | Range |
|---|---|---|
| Under 2 oz | Class B misdemeanor | Up to 180 days + $2,000 |
| 2-4 oz | Class A misdemeanor | Up to 1 year + $4,000 |
| 4 oz - 5 lb | State jail felony | 180 days-2 years + $10K |
| 5-50 lb | 3rd degree felony | 2-10 years + $10K |
| 50-2,000 lb | 2nd degree felony | 2-20 years + $10K |
| 2,000+ lb | Enhanced 1st degree | 5-99 years/life + $50K |
| Hemp products with delta-9 THC ≤ 0.3% are legal under HB 1325 (2019) | ||
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In 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.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
Did Kristine Barnett serve any prison time?
No. Charges were dismissed in October 2022. She was never tried or convicted of any related offense.
Was Michael Barnett found guilty?
No. He was acquitted by a Tipton County, Indiana jury in October 2022 on all counts of neglect of a dependent.
What's the Texas penalty for abandoning a child?
Texas Penal Code § 22.041 — state-jail felony (180 days–2 years) for basic abandonment of a child under 15; third-degree (2–10 years) with imminent danger; second-degree (2–20 years) without intent to return.
Can a child's age be legally changed in Texas?
Texas does not have a statutory procedure for changing legal age post-birth based on medical or developmental evidence. Birth certificate amendments under Health & Safety Code Chapter 192 are limited to typographical errors, paternity adjudications, and specific corrections. There is no Texas equivalent to Indiana's 2012 Barnett-style proceeding.
Does CPS investigation continue if criminal charges are dismissed?
Yes — CPS investigations under Family Code Chapter 261 operate independently of criminal proceedings and apply lower evidentiary standards. A "reason to believe" finding can result in placement on the Central Registry and removal of children even when criminal charges are dropped.
