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TEXAS CITY, Texas – The 8-year-old boy who was shot accidentally by his younger cousin Thursday is now in critical condition.

The boy has undergone emergency surgery and is now in pediatric ICU at Memorial Hermann.

Life Flight flew him to the hospital in critical condition from his Texas City apartment complex on Emmet Lowry Expressway on Thursday.

The shooting happened at the Harbor Oaks Apartments where police say the eight-year-old and his nine-year-old brother live with their mother and her boyfriend. Their 7-year-old cousin was visiting.

The boys found a loaded gun and started playing with it. Police are questioning the couple to find out who left that gun where the unattended children could get to it.

"That's terrible. You shouldn't even leave your kids unattended, like, where do you have to go that's that important."

Even if the shooting had not have been accidental, police said the 7-year-old would face no criminal consequences because in the justice system defendants must be at least 10 years old.

Police said the gun was a 380 semi-automatic handgun which is considered small caliber. That fact likely saved the child's life. However, he is not out of the woods yet.

Charges against the adult or adults found to be responsible in this case could include making a firearm accessible to a child. That's a class A misdemeanor and endangerment with injury to a child is a felony.

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