Criminal defense across Denton County and Collin County

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.

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Misdemeanor B

Confinement in jail for a term not to exceed 180 days

Fine not to exceed $2,000

Misdemeanor A

Confinement in jail for a term not to exceed one year

Fine not to exceed $4,000

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

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

Punishment Range 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 Back to Index About Our Firm Contact Us Request a Free Case Evaluation Let Us Put Our Experience to Work for You

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Collin County By Appointment Only 972-724-4820 230 East Hunt Street, Suite 101 McKinney , TX 75069

Office locations

  • Denton office: 215 West Oak Street, Denton, TX 76201
  • McKinney office: 230 East Hunt Street, Suite 101, McKinney, TX 75069
  • Plano office: 7200 Dallas Parkway, Plano, TX 75024

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