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:
- a violation of a protective order under Section 25.07, which is frequently the more serious exposure;
- stalking or harassment; and
- a motion to revoke bond.
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.
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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.