In Texas, children run away from home more often than many people realize. We see their faces on posters pinned to bulletin boards in post offices, gas stations, and grocery stores across Galveston County and the Greater Houston area. While some children are abducted, many older teens leave home on their own—often fleeing dangerous or abusive situations.
As a criminal defense attorney serving Galveston County, Harris County, and the surrounding communities, I regularly receive calls from people who thought they were helping a runaway child—but ended up facing serious charges under Texas law.
Is it a crime to help a runaway? In some cases, yes.
What is “Harboring a Runaway” Under Texas Law?
Texas Penal Code § 25.06 defines the offense of harboring a runaway child. A person commits this offense if:
- They knowingly harbor a child; and
- They are criminally negligent as to whether the child:
- Is younger than 18 years old, and
- Has voluntarily left home without the consent of a parent or guardian, or escaped from custody.
This law is more complex than it sounds because it involves two different legal standards:
- Knowingly harboring means you are aware the child is staying on your property or under your care.
- Criminal negligence means you failed to ask the basic, reasonable questions: How old is this child? Do their parents know they’re here? Are they running from home or law enforcement?
You don’t have to be 100% certain the child is a runaway—but if a reasonable adult would have figured it out, then the law may hold you responsible.
Real-World Example: A New Texas Case
In 2023, a woman in West Texas was charged with harboring a runaway after she allowed her teenage niece’s friend to stay in her home for several nights. She believed the girl had permission—but never confirmed with her parents. It turned out the child had run away from foster care. Despite no ill intent, the woman was charged. Ultimately, the charges were dismissed, but only after hiring a defense attorney and months of stress and court appearances.
These cases show how easy it is to get swept up in a situation you didn’t fully understand.
What Are the Penalties?
Harboring a runaway is a Class A misdemeanor in Texas—the most serious misdemeanor level.
- Jail time: Up to 1 year in county jail
- Fines: Up to $4,000
- Criminal record: A conviction may permanently impact employment, housing, and family rights
In counties like Galveston and Harris, where prosecutors aggressively pursue child-related offenses, even good intentions can land you behind bars.
Legal Defenses You May Have
The Texas Penal Code provides built-in statutory defenses to this charge:
- Close family relationship: If you’re the child’s sibling, grandparent, aunt/uncle, or step-parent, that may serve as a legal defense.
- Timely notification: If you notify the child’s parent or guardian within 24 hours of discovering the situation, or notify law enforcement if the child escaped custody, this may protect you from prosecution.
- Lack of knowledge: If you had no reason to suspect the child had run away or escaped from custody, you may not meet the required mental state to be convicted.
We recently defended a case in Galveston County where a man was accused of harboring a runaway teen who had shown up at his home claiming to be kicked out. Our client contacted the child’s parents within hours. After presenting this evidence to prosecutors and the court, the case was dismissed.
What If the Child Is Fleeing Abuse?
We see this heartbreaking scenario often in domestic or CPS-involved cases. A child may be trying to escape physical or emotional abuse—and they turn to a trusted adult for help.
Morally, helping them might feel like the right thing to do. But legally, unless you follow the law closely, you could still be charged.
Here’s what to do:
- Contact the Texas Department of Family and Protective Services (DFPS) immediately: 1-800-252-5400
- If the child is in danger, call local law enforcement and document your actions
Even if you’re related to the child or you believe you’re protecting them, always document your concerns and report the situation. Protecting a child should never cost you your freedom—but the legal system requires proper steps.
Galveston & Houston Defense Attorney for Harboring Charges
Harboring a runaway child is a serious accusation, but being charged does not mean you’ll be convicted. These are fact-intensive cases, and every detail matters. Did you ask questions? Did you make a call? Did the child lie about their age?
At the Law Offices of Tad Nelson & Associates, we’ve successfully defended clients in Galveston County, League City, and Houston charged under this statute. We understand the emotional and legal complexity of these cases.
Call us at (281) 280-0100 to schedule a consultation. We’re here to protect your rights, your future—and your freedom.