reglab/statecodes huggingface dataset:
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 39 - Abuse of Office › Section 39.06. Misuse of Official Information

Sec. 39.06.  MISUSE OF OFFICIAL INFORMATION.  (a)  A public servant commits an offense if, in reliance on information to which the public servant has access by virtue of the person's office or employment and that has not been made public, the person:
(1)  acquires or aids another to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected by the information;
(2)  speculates or aids another to speculate on the basis of the information; or
(3)  as a public servant, including as a school administrator, coerces another into suppressing or failing to report that information to a law enforcement agency.
(b)  A public servant commits an offense if with intent to obtain a benefit or with intent to harm or defraud another, he discloses or uses information for a nongovernmental purpose that:
(1)  he has access to by means of his office or employment;  and
(2)  has not been made public.
(c)  A person commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he solicits or receives from a public servant information that:
(1)  the public servant has access to by means of his office or employment;  and
(2)  has not been made public.
(d)  In this section, "information that has not been made public" means any information to which the public does not generally have access, and that is prohibited from disclosure under Chapter 552, Government Code.
(e)  Except as provided by Subsection (f), an offense under this section is a felony of the third degree.
(f)  An offense under Subsection (a)(3) is a Class C misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1983, 68th Leg., p. 3243, ch. 558, Sec. 9, eff. Sept. 1, 1983;  Acts 1987, 70th Leg., ch. 30, Sec. 1, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., 2nd C.S., ch. 43, Sec. 3, eff. Oct. 20, 1987;  Acts 1989, 71st Leg., ch. 927, Sec. 1, eff. Aug. 28, 1989.  Renumbered from Penal Code Sec. 39.03 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(90), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 76, Sec. 14.52, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1043 (H.B. 1783), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 39 - Abuse of Office › Section 39.07. Failure to Comply With Immigration Detainer Request

Sec. 39.07.  FAILURE TO COMPLY WITH IMMIGRATION DETAINER REQUEST.  (a)  A person who is a sheriff, chief of police, or constable or a person who otherwise has primary authority for administering a jail commits an offense if the person:
(1)  has custody of a person subject to an immigration detainer request issued by United States Immigration and Customs Enforcement; and
(2)  knowingly fails to comply with the detainer request.
(b)  An offense under this section is a Class A misdemeanor.
(c)  It is an exception to the application of this section that the person who was subject to an immigration detainer request described by Subsection (a)(1) had provided proof that the person is a citizen of the United States or that the person has lawful immigration status in the United States, such as a Texas driver's license or similar government-issued identification.
Added by Acts 2017, 85th Leg., R.S., Ch. 4 (S.B. 4), Sec. 5.02, eff. September 1, 2017.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 42 - Disorderly Conduct and Related Offenses › Section 42.02. Riot

Sec. 42.02.  RIOT.  (a)  For the purpose of this section, "riot" means the assemblage of seven or more persons resulting in conduct which:
(1)  creates an immediate danger of damage to property or injury to persons;
(2)  substantially obstructs law enforcement or other governmental functions or services;  or
(3)  by force, threat of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.
(b)  A person commits an offense if he knowingly participates in a riot.
(c)  It is a defense to prosecution under this section that the assembly was at first lawful and when one of those assembled manifested an intent to engage in conduct enumerated in Subsection (a), the actor retired from the assembly.
(d)  It is no defense to prosecution under this section that another who was a party to the riot has been acquitted, has not been arrested, prosecuted, or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution.
(e)  Except as provided in Subsection (f), an offense under this section is a Class B misdemeanor.
(f)  An offense under this section is an offense of the same classification as any offense of a higher grade committed by anyone engaged in the riot if the offense was:
(1)  in the furtherance of the purpose of the assembly;  or
(2)  an offense which should have been anticipated as a result of the assembly.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 42 - Disorderly Conduct and Related Offenses › Section 42.04. Defense When Conduct Consists of Speech or Other Expression

Sec. 42.04.  DEFENSE WHEN CONDUCT CONSISTS OF SPEECH OR OTHER EXPRESSION.  (a)  If conduct that would otherwise violate Section 42.01(a)(5) (Unreasonable Noise), 42.03 (Obstructing Passageway), or 42.055 (Funeral Service Disruptions) consists of speech or other communication, of gathering with others to hear or observe such speech or communication, or of gathering with others to picket or otherwise express in a nonviolent manner a position on social, economic, political, or religious questions, the actor must be ordered to move, disperse, or otherwise remedy the violation prior to his arrest if he has not yet intentionally harmed the interests of others which those sections seek to protect.
(b)  The order required by this section may be given by a peace officer, a fireman, a person with authority to control the use of the premises, or any person directly affected by the violation.
(c)  It is a defense to prosecution under Section 42.01(a)(5), 42.03, or 42.055:
(1)  that in circumstances in which this section requires an order no order was given;
(2)  that an order, if given, was manifestly unreasonable in scope; or
(3)  that an order, if given, was promptly obeyed.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2006, 79th Leg., 3rd C.S., Ch. 2 (H.B. 97), Sec. 2, eff. May 19, 2006.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 42 - Disorderly Conduct and Related Offenses › Section 42.05. Disrupting Meeting or Procession

Sec. 42.05.  DISRUPTING MEETING OR PROCESSION.  (a)  A person commits an offense if, with intent to prevent or disrupt a lawful meeting, procession, or gathering, he obstructs or interferes with the meeting, procession, or gathering by physical action or verbal utterance.
(b)  An offense under this section is a Class B misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 42 - Disorderly Conduct and Related Offenses › Section 42.055. Funeral Service Disruptions

Sec. 42.055.  FUNERAL SERVICE DISRUPTIONS.  (a)  In this section:
(1)  "Facility" means a building at which any portion of a funeral service takes place, including a funeral parlor, mortuary, private home, or established place of worship.
(2)  "Funeral service" means a ceremony, procession, or memorial service, including a wake or viewing, held in connection with the burial or cremation of the dead.
(3)  "Picketing" means:
(A)  standing, sitting, or repeated walking, riding, driving, or other similar action by a person displaying or carrying a banner, placard, or sign;
(B)  engaging in loud singing, chanting, whistling, or yelling, with or without noise amplification through a device such as a bullhorn or microphone; or
(C)  blocking access to a facility or cemetery being used for a funeral service.
(b)  A person commits an offense if, during the period beginning three hours before the service begins and ending three hours after the service is completed, the person engages in picketing within 1,000 feet of a facility or cemetery being used for a funeral service.
(c)  An offense under this section is a Class B misdemeanor.
Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 2 (H.B. 97), Sec. 1, eff. May 19, 2006.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 256 (H.B. 1093), Sec. 1, eff. June 4, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 716 (H.B. 718), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 42 - Disorderly Conduct and Related Offenses › Section 42.06. False Alarm or Report

Sec. 42.06.  FALSE ALARM OR REPORT.  (a)  A person commits an offense if he knowingly initiates, communicates or circulates a report of a present, past, or future bombing, fire, offense, or other emergency that he knows is false or baseless and that would ordinarily:
(1)  cause action by an official or volunteer agency organized to deal with emergencies;
(2)  place a person in fear of imminent serious bodily injury;  or
(3)  prevent or interrupt the occupation of a building, room, place of assembly, place to which the public has access, or aircraft, automobile, or other mode of conveyance.
(b)  An offense under this section is a Class A misdemeanor unless the false report is of an emergency involving a public or private institution of higher education or involving a public primary or secondary school, public communications, public transportation, public water, gas, or power supply or other public service, in which event the offense is a state jail felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1979, 66th Leg., p. 1114, ch. 530, Sec. 4, eff. Aug. 27, 1979;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 910 (H.B. 1284), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 42 - Disorderly Conduct and Related Offenses › Section 42.0601. False Report to Induce Emergency Response

Sec. 42.0601.  FALSE REPORT TO INDUCE EMERGENCY RESPONSE.  (a)  A person commits an offense if:
(1)  the person makes a report of a criminal offense or an emergency or causes a report of a criminal offense or an emergency to be made to a peace officer, law enforcement agency, 9-1-1 service as defined by Section 771.001, Health and Safety Code, official or volunteer agency organized to deal with emergencies, or any other governmental employee or contractor who is authorized to receive reports of a criminal offense or emergency;
(2)  the person knows that the report is false;
(3)  the report causes an emergency response from a law enforcement agency or other emergency responder; and
(4)  in making the report or causing the report to be made, the person is reckless with regard to whether the emergency response by a law enforcement agency or other emergency responder may directly result in bodily injury to another person.
(b)  An offense under this section is a Class A misdemeanor, except that the offense is:
(1)  a state jail felony if it is shown on the trial of the offense that the defendant has previously been convicted two or more times of an offense under this section; or
(2)  a felony of the third degree if:
(A)  the false report was of a criminal offense to which a law enforcement agency or other emergency responder responded; and
(B)  a person suffered serious bodily injury or death as a direct result of lawful conduct arising out of that response.
(c)  If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections.
(d)  This section may not be construed in any manner to conflict with 47 U.S.C. Section 230 or 42 U.S.C. Section 1983.
Added by Acts 2021, 87th Leg., R.S., Ch. 945 (S.B. 1056), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 42 - Disorderly Conduct and Related Offenses › Section 42.061. Silent or Abusive Calls to 9-1-1 Service

Sec. 42.061.  SILENT OR ABUSIVE CALLS TO 9-1-1 SERVICE.  (a)  In this section "9-1-1 service" and "public safety answering point" or "PSAP" have the meanings assigned by Section 771.001, Health and Safety Code.
(b)  A person commits an offense if the person makes a call to a 9-1-1 service, or requests 9-1-1 service using an electronic communications device, when there is not an emergency and knowingly or intentionally:
(1)  remains silent; or
(2)  makes abusive or harassing statements to a PSAP employee.
(c)  A person commits an offense if the person knowingly permits an electronic communications device, including a telephone, under the person's control to be used by another person in a manner described in Subsection (b).
(d)  An offense under this section is a Class B misdemeanor.
Added by Acts 1989, 71st Leg., ch. 582, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(2), eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 331 (H.B. 1972), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 42 - Disorderly Conduct and Related Offenses › Section 42.062. Interference With Emergency Request for Assistance

Sec. 42.062.  INTERFERENCE WITH EMERGENCY REQUEST FOR ASSISTANCE.  (a)  An individual commits an offense if the individual knowingly prevents or interferes with another individual's ability to place an emergency call or to request assistance, including a request for assistance using an electronic communications device, in an emergency from a law enforcement agency, medical facility, or other agency or entity the primary purpose of which is to provide for the safety of individuals.
(b)  An individual commits an offense if the individual recklessly renders unusable an electronic communications device, including a telephone, that would otherwise be used by another individual to place an emergency call or to request assistance in an emergency from a law enforcement agency, medical facility, or other agency or entity the primary purpose of which is to provide for the safety of individuals.
(c)  An offense under this section is a Class A misdemeanor, except that the offense is a state jail felony if the actor has previously been convicted under this section.
(d)  In this section, "emergency" means a condition or circumstance in which any individual is or is reasonably believed by the individual making a call or requesting assistance to be in fear of imminent assault or in which property is or is reasonably believed by the individual making the call or requesting assistance to be in imminent danger of damage or destruction.
Added by Acts 2001, 77th Leg., ch. 690, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 460, Sec. 1, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1164, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 331 (H.B. 1972), Sec. 7, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 331 (H.B. 1972), Sec. 8, eff. September 1, 2013.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 42 - Disorderly Conduct and Related Offenses › Section 42.074. Unlawful Disclosure of Residence Address or Telephone Number

Sec. 42.074.  UNLAWFUL DISCLOSURE OF RESIDENCE ADDRESS OR TELEPHONE NUMBER.  (a) A person commits an offense if the person posts on a publicly accessible website the residence address or telephone number of an individual with the intent to cause harm or a threat of harm to the individual or a member of the individual's family or household.
(b)  An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense results in the bodily injury of:
(1)  the individual whose residence address or telephone number was posted on a publicly accessible website; or
(2)  a member of the individual's family or household.
(c)  This section does not apply to a public servant who posted information described by Subsection (a) to a publicly accessible website in the performance of the public servant's duties as required by or in accordance with state or federal law.
(d)  If conduct that constitutes an offense under this section also constitutes an offense under Section 36.06(a-1), the actor may be prosecuted under either section but not both.
Added by Acts 2023, 88th Leg., R.S., Ch. 805 (H.B. 611), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 42 - Disorderly Conduct and Related Offenses › Section 42.075. Disclosure of Confidential Information Regarding Family Violence or Victims of Trafficking Shelter Center

Sec. 42.075.  DISCLOSURE OF CONFIDENTIAL INFORMATION REGARDING FAMILY VIOLENCE OR VICTIMS OF TRAFFICKING SHELTER CENTER.  (a)  In this section, "family violence shelter center" and "victims of trafficking shelter center" have the meanings assigned by Section 552.138, Government Code.
(b)  A person commits an offense if the person, with the intent to threaten the safety of any inhabitant of a family violence shelter center or victims of trafficking shelter center, discloses or publicizes the location or physical layout of the center.
(c)  An offense under this section is a Class A misdemeanor.
(d)  If conduct constituting an offense under this section also constitutes an offense under Section 552.352, Government Code, the actor may be prosecuted under either section.
Added by Acts 2019, 86th Leg., R.S., Ch. 1152 (H.B. 3091), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 42 - Disorderly Conduct and Related Offenses › Section 42.08. Abuse of Corpse

Sec. 42.08.  ABUSE OF CORPSE.  (a)  A person commits an offense if the person, without legal authority, knowingly:
(1)  disinters, disturbs, damages, dissects, in whole or in part, carries away, or treats in an offensive manner a human corpse;
(2)  conceals a human corpse knowing it to be illegally disinterred;
(3)  sells or buys a human corpse or in any way traffics in a human corpse;
(4)  transmits or conveys, or procures to be transmitted or conveyed, a human corpse to a place outside the state; or
(5)  vandalizes, damages, or treats in an offensive manner the space in which a human corpse has been interred or otherwise permanently laid to rest.
(b)  An offense under this section is a state jail felony, except that an offense under Subsection (a)(5) is a Class A misdemeanor.
(c)  In this section, "human corpse" includes:
(1)  any portion of a human corpse;
(2)  the cremated remains of a human corpse; or
(3)  any portion of the cremated remains of a human corpse.
(d)  If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections.
(e)  It is a defense to prosecution under this section that the actor:
(1)  as a member or agent of a cemetery organization, removed or damaged anything that had been placed in or on any portion of the organization's cemetery in violation of the rules of the organization; or
(2)  removed anything:
(A)  placed in the cemetery in violation of the rules of the cemetery organization; or
(B)  placed in the cemetery by or with the cemetery organization's consent but that, in the organization's judgment, had become wrecked, unsightly, or dilapidated.
(f)  In this section, "cemetery" and "cemetery organization" have the meanings assigned by Section 711.001, Health and Safety Code.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Renumbered from Penal Code Sec. 42.10 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2005, 79th Leg., Ch. 1025 (H.B. 1012), Sec. 1, eff. June 18, 2005.
Acts 2017, 85th Leg., R.S., Ch. 299 (S.B. 524), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 42 - Disorderly Conduct and Related Offenses › Section 42.091. Attack on Assistance Animal

Sec. 42.091.  ATTACK ON ASSISTANCE ANIMAL.  (a)  A person commits an offense if the person intentionally, knowingly, or recklessly attacks, injures, or kills an assistance animal.
(b)  A person commits an offense if the person intentionally, knowingly, or recklessly incites or permits an animal owned by or otherwise in the custody of the actor to attack, injure, or kill an assistance animal and, as a result of the person's conduct, the assistance animal is attacked, injured, or killed.
(c)  An offense under this section is a:
(1)  Class A misdemeanor if the actor or an animal owned by or otherwise in the custody of the actor attacks an assistance animal;
(2)  state jail felony if the actor or an animal owned by or otherwise in the custody of the actor injures an assistance animal;  or
(3)  felony of the third degree if the actor or an animal owned by or otherwise in the custody of the actor kills an assistance animal.
(d)  A court shall order a defendant convicted of an offense under Subsection (a) to make restitution to the owner of the assistance animal for:
(1)  related veterinary or medical bills;
(2)  the cost of:
(A)  replacing the assistance animal;  or
(B)  retraining an injured assistance animal by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities as reputable and competent to provide special equipment for or special training to an animal to help a person with a disability;  and
(3)  any other expense reasonably incurred as a result of the offense.
(e)  In this section:
(1)  "Assistance animal" has the meaning assigned by Section 121.002, Human Resources Code.
(2)  "Custody" has the meaning assigned by Section 42.09.
Added by Acts 2003, 78th Leg., ch. 710, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 42 - Disorderly Conduct and Related Offenses › Section 42.10. Dog Fighting

Sec. 42.10.  DOG FIGHTING.  (a)  A person commits an offense if the person intentionally or knowingly:
(1)  causes a dog to fight with another dog;
(2)  participates in the earnings of or operates a facility used for dog fighting;
(3)  uses or permits another to use any real estate, building, room, tent, arena, or other property for dog fighting;
(4)  owns or possesses dog-fighting equipment with the intent that the equipment be used to train a dog for dog fighting or in furtherance of dog fighting;
(5)  owns or trains a dog with the intent that the dog be used in an exhibition of dog fighting; or
(6)  attends as a spectator an exhibition of dog fighting.
(b)  In this section:
(1)  "Dog fighting" means any situation in which one dog attacks or fights with another dog.
(2)  "Dog-fighting equipment" has the meaning assigned by Article 18.18(g), Code of Criminal Procedure.
(c)  A conviction under Subsection (a)(2) or (3) may be had upon the uncorroborated testimony of a party to the offense.
(d)  It is a defense to prosecution under Subsection (a)(1) that the actor caused a dog to fight with another dog to protect livestock, other property, or a person from the other dog, and for no other purpose.
(e)  An offense under Subsection (a)(4), (5), or (6) is a Class A misdemeanor.  An offense under Subsection (a)(1), (2), or (3) is a state jail felony.
Added by Acts 1983, 68th Leg., p. 1610, ch. 305, Sec. 1, eff. Sept. 1, 1983.  Renumbered from Penal Code Sec. 42.111 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 644 (H.B. 916), Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1357 (S.B. 554), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 42 - Disorderly Conduct and Related Offenses › Section 42.105. Cockfighting

Sec. 42.105.  COCKFIGHTING.  (a)  In this section:
(1)  "Bridle" means a leather device designed to fit over the head and beak of a cock to prevent the cock from injuring another cock.
(2)  "Cock" means the male of any type of domestic fowl.
(3)  "Cockfighting" means any situation in which one cock attacks or fights with another cock.
(4)  "Gaff" means an artificial steel spur designed to attach to the leg of a cock to replace or supplement the cock's natural spur.
(5)  "Slasher" means a steel weapon resembling a curved knife blade designed to attach to the foot of a cock.
(b)  A person commits an offense if the person knowingly:
(1)  causes a cock to fight with another cock;
(2)  participates in the earnings of a cockfight;
(3)  uses or permits another to use any real estate, building, room, tent, arena, or other property for cockfighting;
(4)  owns or trains a cock with the intent that the cock be used in an exhibition of cockfighting;
(5)  manufactures, buys, sells, barters, exchanges, possesses, advertises, or otherwise offers a gaff, slasher, or other sharp implement designed for attachment to a cock with the intent that the implement be used in cockfighting; or
(6)  attends as a spectator an exhibition of cockfighting.
(c)  It is an affirmative defense to prosecution under this section that the actor's conduct:
(1)  occurred solely for the purpose of or in support of breeding cocks for poultry shows in which a cock is judged by the cock's physical appearance; or
(2)  was incidental to collecting bridles, gaffs, or slashers.
(d)  An affirmative defense to prosecution is not available under Subsection (c) if evidence shows that the actor is also engaging in use of the cocks for cockfighting.
(e)  It is a defense to prosecution for an offense under this section that:
(1)  the actor was engaged in bona fide experimentation for scientific research; or
(2)  the conduct engaged in by the actor is a generally accepted and otherwise lawful animal husbandry or agriculture practice involving livestock animals.
(f)  It is an exception to the application of Subsection (b)(6) that the actor is 15 years of age or younger at the time of the offense.
(g)  An offense under Subsection (b)(1) or (2) is a state jail felony.  An offense under Subsection (b)(3), (4), or (5) is a Class A misdemeanor.  An offense under Subsection (b)(6) is a Class C misdemeanor, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that the person has been previously convicted of an offense under that subdivision.
Added by Acts 2011, 82nd Leg., R.S., Ch. 952 (H.B. 1043), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 42 - Disorderly Conduct and Related Offenses › Section 42.107. Possession of Animal by Person Convicted of Animal Cruelty

Sec. 42.107.  POSSESSION OF ANIMAL BY PERSON CONVICTED OF ANIMAL CRUELTY.  (a)  A person commits an offense if the person:
(1)  possesses or exercises control over an animal; and
(2)  within the five-year period preceding the date of the instant offense, has been previously convicted of an offense under:
(A)  Section 42.091, 42.092, or 42.10; or
(B)  federal law or a penal law of another state containing elements that are substantially similar to the elements of an offense described by Paragraph (A).
(b)  An offense under this section is a Class C misdemeanor, except that the offense is a Class B misdemeanor if the defendant has been previously convicted of an offense under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 173 (H.B. 598), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 42 - Disorderly Conduct and Related Offenses › Section 42.11. Destruction of Flag

Sec. 42.11.  DESTRUCTION OF FLAG.  (a)  A person commits an offense if the person intentionally or knowingly damages, defaces, mutilates, or burns the flag of the United States or the State of Texas.
(b)  In this section, "flag" means an emblem, banner, or other standard or a copy of an emblem, standard, or banner that is an official or commonly recognized depiction of the flag of the United States or of this state and is capable of being flown from a staff of any character or size.  The term does not include a representation of a flag on a written or printed document, a periodical, stationery, a painting or photograph, or an article of clothing or jewelry.
(c)  It is an exception to the application of this section that the act that would otherwise constitute an offense is done in conformity with statutes of the United States or of this state relating to the proper disposal of damaged flags.
(d)  An offense under this section is a Class A misdemeanor.
Added by Acts 1989, 71st Leg., 1st C.S., ch. 27, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Penal Code Sec. 42.14 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 42 - Disorderly Conduct and Related Offenses › Section 42.12. Discharge of Firearm in Certain Municipalities

Sec. 42.12.  DISCHARGE OF FIREARM IN CERTAIN MUNICIPALITIES.  (a)  A person commits an offense if the person recklessly discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more.
(b)  An offense under this section is a Class A misdemeanor.
(c)  If conduct constituting an offense under this section also constitutes an offense under another section of this code, the person may be prosecuted under either section.
(d)  Subsection (a) does not affect the authority of a municipality to enact an ordinance which prohibits the discharge of a firearm.
Added by Acts 1995, 74th Leg., ch. 663, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 42 - Disorderly Conduct and Related Offenses › Section 42.13. Use of Laser Pointers

Sec. 42.13.  USE OF LASER POINTERS.  (a)  A person commits an offense if the person knowingly directs a light from a laser pointer at a uniformed safety officer, including a peace officer, security guard, firefighter, emergency medical service worker, or other uniformed municipal, state, or federal officer.
(b)  In this section, "laser pointer" means a device that emits a visible light amplified by the stimulated emission of radiation.
(c)  An offense under this section is a Class C misdemeanor, except that the offense is:
(1)  a felony of the third degree if the conduct causes bodily injury to the officer; or
(2)  a felony of the first degree if the conduct causes serious bodily injury to the officer.
(d)  If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law, but not both.
Added by Acts 2003, 78th Leg., ch. 467, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 200 (H.B. 2366), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 42 - Disorderly Conduct and Related Offenses › Section 42.14. Illumination of Aircraft by Intense Light

Sec. 42.14.  ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT.  (a)  A person commits an offense if:
(1)  the person intentionally directs a light from a laser pointer or other light source at an aircraft; and
(2)  the light has an intensity sufficient to impair the operator's ability to control the aircraft.
(b)  It is an affirmative defense to prosecution under this section that the actor was using the light to send an emergency distress signal.
(c)  An offense under this section is a Class C misdemeanor unless the intensity of the light impairs the operator's ability to control the aircraft, in which event the offense is a Class A misdemeanor.
(d)  If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.
(e)  In this section, "laser pointer" has the meaning assigned by Section 42.13.
Added by Acts 2007, 80th Leg., R.S., Ch. 680 (H.B. 1586), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 42 - Disorderly Conduct and Related Offenses › Section 42.15. Operation of Unmanned Aircraft Over Airport or Military Installation

Sec. 42.15.  OPERATION OF UNMANNED AIRCRAFT OVER AIRPORT OR MILITARY INSTALLATION.  (a)  In this section:
(1)  "Airport" has the meaning assigned by Section 22.001, Transportation Code.
(2)  "Military installation" means any military installation owned or operated by or for the federal government, this state, or another governmental entity.
(b)  A person commits an offense if the person intentionally or knowingly:
(1)  operates an unmanned aircraft over an airport or military installation;
(2)  allows an unmanned aircraft to make contact with an airport or military installation, including any person or object on the premises of or within the airport or military installation; or
(3)  operates an unmanned aircraft in a manner that interferes with the operations of or causes a disturbance to an airport or military installation.
(c)  It is a defense to prosecution under this section that the conduct described by Subsection (b) was engaged in by:
(1)  the federal government, this state, or a governmental entity;
(2)  a person under contract with or otherwise acting under the direction or on behalf of the federal government, this state, or a governmental entity;
(3)  a law enforcement agency;
(4)  a person under contract with or otherwise acting under the direction or on behalf of a law enforcement agency;
(5)  an owner or operator of the airport or military installation;
(6)  a person under contract with or otherwise acting under the direction or on behalf of an owner or operator of the airport or military installation;
(7)  a person who has the prior written or electronic authorization of:
(A)  the owner or operator of the airport or military installation; or
(B)  the Federal Aviation Administration; or
(8)  the owner or occupant of the property on which the airport or military installation is located or a person who has the prior written consent of the owner or occupant of that property.
(d)  An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 1096 (S.B. 1308), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 43 - Public Indecency › Subchapter A. Prostitution › Section 43.01. Definitions

Sec. 43.01.  DEFINITIONS.  In this subchapter:
(1)  "Access software provider" means a provider of software, including client or server software, or enabling tools that perform one or more of the following functions:
(A)  filter, screen, allow, or disallow content;
(B)  select, analyze, or digest content; or
(C)  transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate content.
(1-a)  "Deviate sexual intercourse" means any contact between the genitals of one person and the mouth or anus of another person.
(1-b)  "Fee" means the payment or offer of payment in the form of money, goods, services, or other benefit.
(1-c)  "Information content provider" means any person or entity that is wholly or partly responsible for the creation or development of information provided through the Internet or any other interactive computer service.
(1-d)  "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access to a computer server by multiple users, including a service or system that provides access to the Internet or a system operated or service offered by a library or educational institution.
(1-e)  "Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks.
(1-f)  "Premises" has the meaning assigned by Section 481.134, Health and Safety Code.
(2)  "Prostitution" means the offense defined in Section 43.02.
(2-a)  "School" means a public or private primary or secondary school.
(3)  "Sexual contact" means any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.
(4)  "Sexual conduct" includes deviate sexual intercourse, sexual contact, and sexual intercourse.
(5)  "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.
(6)  "Solicitation of prostitution" means the offense defined in Section 43.021.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1979, 66th Leg., p. 373, ch. 168, Sec. 2, eff. Aug. 27, 1979;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 35, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 3.01, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 54, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 60, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1049 (S.B. 1831), Sec. 8, eff. September 1, 2021.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 43 - Public Indecency › Subchapter A. Prostitution › Section 43.021. Solicitation of Prostitution

Sec. 43.021.  SOLICITATION OF PROSTITUTION.  (a)  A person commits an offense if the person knowingly offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another.
(b)  An offense under Subsection (a) is a state jail felony, except that the offense is:
(1)  a felony of the third degree if the actor has previously been convicted of an offense under Subsection (a) or under Section 43.02(b), as that law existed before September 1, 2021; or
(2)  a felony of the second degree if the person to whom the actor offers or agrees to pay the fee for the purpose of engaging in sexual conduct is:
(A)  younger than 18 years of age, regardless of whether the actor knows the age of the person at the time of the offense;
(B)  represented to the actor as being younger than 18 years of age; or
(C)  believed by the actor to be younger than 18 years of age.
(b-1)  The punishment prescribed for an offense under Subsection (a) is increased to the punishment prescribed for the next highest category of offense if it is shown on the trial of the offense that the actor committed the offense in a location that was:
(1)  on the premises of or within 1,000 feet of the premises of a school; or
(2)  on premises or within 1,000 feet of premises where:
(A)  an official school function was taking place; or
(B)  an event sponsored or sanctioned by the University Interscholastic League was taking place.
(c)  A conviction may be used for purposes of enhancement under this section or enhancement under Subchapter D, Chapter 12, but not under both this section and that subchapter. For purposes of enhancement of penalties under this section or Subchapter D, Chapter 12, a defendant is considered to have been previously convicted of an offense under this section or under Section 43.02(b), as that law existed before September 1, 2021, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision.
Added by Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 28, eff. September 1, 2021.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 29, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 30, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 93 (S.B. 1527), Sec. 2.03, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 93 (S.B. 1527), Sec. 2.04, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 17.003, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 43 - Public Indecency › Subchapter A. Prostitution › Section 43.03. Promotion of Prostitution

Sec. 43.03.  PROMOTION OF PROSTITUTION.  (a)  A person commits an offense if, acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she knowingly:
(1)  receives money or other property pursuant to an agreement to participate in the proceeds of prostitution;  or
(2)  solicits another to engage in sexual conduct with another person for compensation.
(b)  An offense under this section is a felony of the third degree, except that the offense is:
(1)  a felony of the second degree if the actor has been previously convicted of an offense under this section; or
(2)  a felony of the first degree if the actor engages in conduct described by Subsection (a)(1) or (2) involving a person younger than 18 years of age, regardless of whether the actor knows the age of the person at the time of the offense.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1977, 65th Leg., p. 758, ch. 287, Sec. 1, eff. May 27, 1977;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1252 (H.B. 8), Sec. 16, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 38, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 9, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 273 (S.B. 1802), Sec. 3, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 461 (S.B. 1653), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 43 - Public Indecency › Subchapter A. Prostitution › Section 43.031. Online Promotion of Prostitution

Sec. 43.031.  ONLINE PROMOTION OF PROSTITUTION.  (a)  A person commits an offense if the person owns, manages, or operates an interactive computer service or information content provider, or operates as an information content provider, with the intent to promote the prostitution of another person or facilitate another person to engage in prostitution or solicitation of prostitution.
(b)  An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor:
(1)  has been previously convicted of an offense under this section or Section 43.041; or
(2)  engages in conduct described by Subsection (a) involving a person younger than 18 years of age engaging in prostitution, regardless of whether the actor knows the age of the person at the time of the offense.
Added by Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 3.02, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 55, eff. September 1, 2021.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 43 - Public Indecency › Subchapter A. Prostitution › Section 43.04. Aggravated Promotion of Prostitution

Sec. 43.04.  AGGRAVATED PROMOTION OF PROSTITUTION.  (a)  A person commits an offense if he knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes.
(b)  An offense under this section is a felony of the first degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1252 (H.B. 8), Sec. 17, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 39, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 10, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 273 (S.B. 1802), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 43 - Public Indecency › Subchapter A. Prostitution › Section 43.041. Aggravated Online Promotion of Prostitution

Sec. 43.041.  AGGRAVATED ONLINE PROMOTION OF PROSTITUTION.  (a)  A person commits an offense if the person owns, manages, or operates an interactive computer service or information content provider, or operates as an information content provider, with the intent to promote the prostitution of five or more persons or facilitate five or more persons to engage in prostitution or solicitation of prostitution.
(b)  An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if the actor:
(1)  has been previously convicted of an offense under this section; or
(2)  engages in conduct described by Subsection (a) involving two or more persons younger than 18 years of age engaging in prostitution, regardless of whether the actor knows the age of the persons at the time of the offense.
Added by Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 3.02, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 56, eff. September 1, 2021.