Penal Code §46.13(d)–(f): Making a Firearm Accessible to a Child

Penalties

According to Penal Code §46.13, an offense is either:

• A Class C misdemeanor, punishable by a fine of not more than $500, or…
• A Class A misdemeanor, punishable by a fine of not more than $4,000, up to one year in the county jail, or both, if the child discharges the firearm and causes death or serious bodily injury to himself or herself, or to another person.

Restrictions on Making Arrests

A peace officer or other person may not arrest the person who committed the offense before the seventh day after the date on which the offense is committed if:

• The person who committed the offense is a member of the family of the child who discharged the firearm and…
• The child’s discharging of the firearm resulted in that child’s death or a serious bodily injury to the child.