Step-mom walks in on dad rubbing on daughter's breasts and genitals over the sheets. Daughter told step-mom that dad was molesting her. Step-mom calls dad a pervert but does not report. Is there a charge for endangering a child on step-mom? Her failure to report or remove the child placed the girl in imminent danger of menal impairment? I have no clear evidence that the victim was molested after she reported to mother. This abuse went on from age 5 to age 14. I would like to get step-mom on something. Thanks for any help.

How about:

Tex. Fam. Code � 261.109. Failure to Report

(a) A person commits an offense if the person has cause to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect and knowingly fails to report as provided in this chapter.

(b) An offense under this section is a Class B misdemeanor.

That would work. I don't have jurisdiction over misdemeanors in my county, and I would like to charge her with a felony. I found a case that says that merely moving your kids in with a child molester on probation won't support a endangering conviction, but I think my facts are better for the state. The fact that I can't easily find a case on point suggests to me that I may be where I don't need to be. Still, the endangering statute seems to fit. Thank you for your suggestion.

More of an injury to a child by omission (failure to protect), but the statute doesn't really cover sexual abuse. Failure to report works but is a weak misdemeanor.

Why could you not charge her as a party to the offense

7.02 " having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense"

Intent is the issue but it seems plausable.