Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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Illegal Recruitment of an Athlete

Illegal Recruitment of an Athlete

Chapter 32 of the Texas Penal Code defines offenses relating to fraud.

“Illegal Recruitment of an Athlete”, as per § 32.441 of the Texas Penal Code, occurs when a person, without the consent of the governing body or a designee of the governing body of an institution of higher education, the person intentionally or knowingly solicits, accepts, or agrees to accept any benefit from another on an agreement or understanding that the benefit will influence the conduct of the person in enrolling in the institution and participating in intercollegiate athletics.

An offense under this section is a:

  • Class C misdemeanor if the value of the benefit is less than $100;

  • Class B misdemeanor if the value of the benefit is $100 or more but less than $750;

  • Class A misdemeanor if the value of the benefit is $750 or more but less than $2,500;

  • state jail felony if the value of the benefit is $2,500 or more but less than $30,000;

  • felony of the third degree if the value of the benefit is $30,000 or more but less than $150,000;

  • felony of the second degree if the value of the benefit is $150,000 or more but less than $300,000; or

  • felony of the first degree if the value of the benefit is $300,000 or more.

Severity of Crime

Misdemeanor c

  • Fine not to exceed $500

Misdemeanor B

  • Confinement in jail for a term not to exceed 180 days

  • Fine not to exceed $2,000

  • Both such fine and confinement

Misdemeanor A

  • Confinement in jail for a term not to exceed one year

  • Fine not to exceed $4,000

  • Both such fine and confinement

State Jail Felony

  • Confinement in a state jail for not more than two years and not less than 180 days

  • In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree FelonY

  • Imprisonment in the institutional division for not more than 20 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000

First Degree Felony

  • Imprisonment in the institutional division for life, or

  • Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon

  • In addition to imprisonment, may receive a fine not to exceed $10,000