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Section 42.075 protects the confidentiality of family violence and trafficking shelters. It is charged infrequently, but when it is, it usually accompanies other family violence allegations.

What the Statute Says

(b) A person commits an offense if the person, with the intent to threaten the safety of any inhabitant of a family violence shelter center or victims of trafficking shelter center, discloses or publicizes the location or physical layout of the center.

(c) An offense under this section is a Class A misdemeanor.

(d) If conduct constituting an offense under this section also constitutes an offense under Section 552.352, Government Code, the actor may be prosecuted under either section.

"Family violence shelter center" and "victims of trafficking shelter center" carry the meanings assigned by Section 552.138 of the Government Code.

The Intent Element

The statute requires a specific intent to threaten the safety of an inhabitant. That is a demanding element and it is the whole defense in most cases:

  • Mentioning a shelter's general location in conversation, without that intent, is not an offense.
  • Publicly available information — a shelter that advertises its own address, or a location already published — weakens both the disclosure and the intent theory.
  • Statements made in anger, without any purpose of threatening anyone's safety, do not satisfy the element.
  • An accused who did not know the location was a shelter cannot have intended to threaten its inhabitants.

How It Arises

Typically in a family violence case where a protective order is in place, the complainant has relocated to a shelter, and the accused learns and then shares the location — by text, on social media, or to a mutual acquaintance. The same conduct commonly supports:

Because of that stacking, a single social media post can generate several charges and a return to custody. The practical advice is the same as with any active protective order: say nothing, post nothing, and route everything through counsel.

Related

Charged in Harris County?

Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.

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Frequently Asked Questions


What does Texas Penal Code 42.075 prohibit?
A person commits an offense if the person, with the intent to threaten the safety of any inhabitant of a family violence shelter center or victims of trafficking shelter center, discloses or publicizes the location or physical layout of the center.
What is the penalty?
It is a Class A misdemeanor — up to one year in county jail and a fine of up to $4,000.
Does simply knowing where a shelter is violate the statute?
No. The offense requires disclosing or publicizing the location or layout, and doing so with the specific intent to threaten the safety of an inhabitant. Knowledge alone, or an innocent mention, does not satisfy the statute.
Can I be prosecuted under another statute for the same conduct?
The statute provides that if the conduct also constitutes an offense under Section 552.352 of the Government Code, the actor may be prosecuted under either section.
How does this come up in family violence cases?
Most often when a person subject to a protective order learns where a former partner is staying and posts or shares it. The same conduct commonly supports a separate protective order violation under Section 25.07 and can support stalking or harassment charges.

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