reglab/statecodes huggingface dataset:
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 37 - Perjury and Other Falsification › Section 37.13. Record of a Fraudulent Court

Sec. 37.13.  RECORD OF A FRAUDULENT COURT.  (a)  A person commits an offense if the person makes, presents, or uses any document or other record with:
(1)  knowledge that the document or other record is not a record of a court created under or established by the constitution or laws of this state or of the United States;  and
(2)  the intent that the document or other record be given the same legal effect as a record of a court created under or established by the constitution or laws of this state or of the United States.
(b)  An offense under this section is a Class A misdemeanor, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted under this section on two or more occasions.
(c)  If conduct that constitutes an offense under this section also constitutes an offense under Section 32.48 or 37.10, the actor may be prosecuted under any of those sections.
Added by Acts 1997, 75th Leg., ch. 189, Sec. 8, eff. May 21, 1997.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 37 - Perjury and Other Falsification › Section 37.14. False Statement Regarding Child Custody Determination Made in Foreign Country

Sec. 37.14.  FALSE STATEMENT REGARDING CHILD CUSTODY DETERMINATION MADE IN FOREIGN COUNTRY.  (a)  For purposes of this section, "child custody determination" has the meaning assigned by Section 152.102, Family Code.
(b)  A person commits an offense if the person knowingly makes or causes to be made a false statement relating to a child custody determination made in a foreign country during a hearing held under Chapter 152 or Subchapter I, Chapter 153, Family Code.
(c)  An offense under this section is a felony of the third degree.
Added by Acts 2011, 82nd Leg., R.S., Ch. 92 (S.B. 1490), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.03. Resisting Arrest, Search, or Transportation

Sec. 38.03.  RESISTING ARREST, SEARCH, OR TRANSPORTATION.  (a)  A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer's presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.
(b)  It is no defense to prosecution under this section that the arrest or search was unlawful.
(c)  Except as provided in Subsection (d), an offense under this section is a Class A misdemeanor.
(d)  An offense under this section is a felony of the third degree if the actor uses a deadly weapon to resist the arrest or search.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Acts 1991, 72nd Leg., ch. 277, Sec. 1, 2, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.05. Hindering Apprehension or Prosecution

Sec. 38.05.  HINDERING APPREHENSION OR PROSECUTION.  (a)  A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another under the authority of a warrant or capias, he:
(1)  harbors or conceals the other;
(2)  provides or aids in providing the other with any means of avoiding arrest or effecting escape; or
(3)  warns the other of impending discovery or apprehension.
(b)  It is a defense to prosecution under Subsection (a)(3) that the warning was given in connection with an effort to bring another into compliance with the law.
(c)  Except as provided by Subsection (d), an offense under this section is a Class A misdemeanor.
(d)  An offense under this section is a felony of the third degree if the person who is harbored, concealed, provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is under arrest for, charged with, or convicted of a felony, including an offense under Section 62.102, Code of Criminal Procedure, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony, including an offense under Section 62.102, Code of Criminal Procedure, and the person charged under this section knew that the person they harbored, concealed, provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is under arrest for, charged with, or convicted of a felony, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1991, 72nd Leg., ch. 748, Sec. 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1995, 74th Leg., ch. 318, Sec. 11, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 607 (H.B. 2104), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 1.19, eff. September 1, 2007.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.06. Escape

Sec. 38.06.  ESCAPE.  (a)  A person commits an offense if the person escapes from custody when the person is:
(1)  under arrest for, lawfully detained for, charged with, or convicted of an offense;
(2)  in custody pursuant to a lawful order of a court;
(3)  detained in a secure detention facility, as that term is defined by Section 51.02, Family Code; or
(4)  in the custody of a juvenile probation officer for violating an order imposed by the juvenile court under Section 52.01, Family Code.
(b)  Except as provided in Subsections (c), (d), and (e), an offense under this section is a Class A misdemeanor.
(c)  An offense under this section is a felony of the third degree if the actor:
(1)  is under arrest for, charged with, or convicted of a felony;
(2)  is confined or lawfully detained in a secure correctional facility or law enforcement facility; or
(3)  is committed to or lawfully detained in a secure correctional facility, as defined by Section 51.02, Family Code, other than a halfway house, operated by or under contract with the Texas Juvenile Justice Department.
(d)  An offense under this section is a felony of the second degree if the actor to effect his escape causes bodily injury.
(e)  An offense under this section is a felony of the first degree if to effect his escape the actor:
(1)  causes serious bodily injury;  or
(2)  uses or threatens to use a deadly weapon.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1985, 69th Leg., ch. 328, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Penal Code Sec. 38.07 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.  Amended by Acts 1999, 76th Leg., ch. 526, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 38, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1330 (S.B. 844), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 143, eff. September 1, 2015.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.07. Permitting or Facilitating Escape

Sec. 38.07.  PERMITTING OR FACILITATING ESCAPE.  (a)  An official or employee of a correctional facility commits an offense if he knowingly permits or facilitates the escape of a person in custody.
(b)  A person commits an offense if he knowingly causes or facilitates the escape of one who is in custody pursuant to:
(1)  an allegation or adjudication of delinquency;  or
(2)  involuntary commitment for mental illness under Subtitle C, Title 7, Health and Safety Code, or for chemical dependency under Chapter 462, Health and Safety Code.
(c)  Except as provided in Subsections (d) and (e), an offense under this section is a Class A misdemeanor.
(d)  An offense under this section is a felony of the third degree if the person in custody:
(1)  was under arrest for, charged with, or convicted of a felony;  or
(2)  was confined in a correctional facility other than a secure correctional facility after conviction of a felony.
(e)  An offense under this section is a felony of the second degree if:
(1)  the actor or the person in custody used or threatened to use a deadly weapon to effect the escape;  or
(2)  the person in custody was confined in a secure correctional facility after conviction of a felony.
(f)  In this section, "correctional facility" means:
(1)  any place described by Section 1.07(a)(14);  or
(2)  a "secure correctional facility" or "secure detention facility" as those terms are defined by Section 51.02, Family Code.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Renumbered from Penal Code Sec. 38.08 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. 908 (H.B. 2884), Sec. 39, eff. September 1, 2007.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.08. Effect of Unlawful Custody

Sec. 38.08.  EFFECT OF UNLAWFUL CUSTODY.  It is no defense to prosecution under Section 38.06 or 38.07 that the custody was unlawful.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Renumbered from Penal Code Sec. 38.09 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.09. Implements for Escape

Sec. 38.09.  IMPLEMENTS FOR ESCAPE.  (a)  A person commits an offense if, with intent to facilitate escape, he introduces into a correctional facility, or provides a person in custody or an inmate with, a deadly weapon or anything that may be useful for escape.
(b)  An offense under this section is a felony of the third degree unless the actor introduced or provided a deadly weapon, in which event the offense is a felony of the second degree.
(c)  In this section, "correctional facility" means:
(1)  any place described by Section 1.07(a)(14);  or
(2)  a "secure correctional facility" or "secure detention facility" as those terms are defined by Section 51.02, Family Code.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Renumbered from Penal Code Sec. 38.10 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. 908 (H.B. 2884), Sec. 40, eff. September 1, 2007.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.10. Bail Jumping and Failure to Appear

Sec. 38.10.  BAIL JUMPING AND FAILURE TO APPEAR.  (a)  A person lawfully released from custody, with or without bail, on condition that he subsequently appear commits an offense if he intentionally or knowingly fails to appear in accordance with the terms of his release.
(b)  It is a defense to prosecution under this section that the appearance was incident to community supervision, parole, or an intermittent sentence.
(c)  It is a defense to prosecution under this section that the actor had a reasonable excuse for his failure to appear in accordance with the terms of his release.
(d)  Except as provided in Subsections (e) and (f), an offense under this section is a Class A misdemeanor.
(e)  An offense under this section is a Class C misdemeanor if the offense for which the actor's appearance was required is punishable by fine only.
(f)  An offense under this section is a felony of the third degree if the offense for which the actor's appearance was required is classified as a felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Renumbered from Penal Code Sec. 38.11 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.111. Improper Contact With Victim

Sec. 38.111.  IMPROPER CONTACT WITH VICTIM.  (a)  A person commits an offense if the person, while confined in a correctional facility after being charged with or convicted of an offense listed in Article 62.001(5), Code of Criminal Procedure, contacts by letter, telephone, or any other means, either directly or through a third party, a victim of the offense or a member of the victim's family, if the director of the correctional facility has not, before the person makes contact with the victim:
(1)  received written and dated consent to the contact from:
(A)  the victim, if the victim was 17 years of age or older at the time  of the commission of the offense for which the person is confined; or
(B)  if the victim was younger than 17 years of age at the time of the commission of the offense for which the person is confined:
(i)  a parent of the victim;
(ii)  a legal guardian of the victim;
(iii)  the victim, if the victim is 17 years of age or older at the time of giving the consent; or
(iv)  a member of the victim's family who is 17 years of age or older; and
(2)  provided the person with a copy of the consent.
(b)  The person confined in a correctional facility may not give the written consent required under Subsection (a)(2)(A).
(c)  It is an affirmative defense to prosecution under this section that the contact was:
(1)  indirect contact made through an attorney representing the person in custody;  and
(2)  solely for the purpose of representing the person in a criminal proceeding.
(d)  An offense under this section is a Class A misdemeanor unless the actor is confined in a correctional facility after being convicted of a felony described by Subsection (a), in which event the offense is a felony of the third degree.
(e)  In this section, "correctional facility" means:
(1)  any place described by Section 1.07(a)(14);  or
(2)  a "secure correctional facility" or "secure detention facility" as those terms are defined by Section 51.02, Family Code.
Added by Acts 2001, 77th Leg., ch. 1337, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 2.11, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 41, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1066 (H.B. 1343), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.112. Tampering With Electronic Monitoring Device

Sec. 38.112.  TAMPERING WITH ELECTRONIC MONITORING DEVICE.  (a)  A person who is required to submit to electronic monitoring of the person's location as part of an electronic monitoring program under Article 42.035, Code of Criminal Procedure, or as a condition of community supervision, parole, mandatory supervision, or release on bail commits an offense if the person knowingly removes or disables, or causes or conspires or cooperates with another person to remove or disable, a tracking device that the person is required to wear to enable the electronic monitoring of the person's location.
(b)  An offense under this section is a state jail felony, except that the offense is a felony of the third degree if the person is in the super-intensive supervision program described by Section 508.317(d), Government Code.
(c)  This section does not apply to the removal or disabling of a tracking device by a health care provider, as defined by Section 161.201, Health and Safety Code, due to medical necessity.
Added by Acts 2023, 88th Leg., R.S., Ch. 33 (S.B. 1004), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.113. Unauthorized Absence From Community Corrections Facility, County Correctional Center, or Assignment Site

Sec. 38.113.  UNAUTHORIZED ABSENCE FROM COMMUNITY CORRECTIONS FACILITY, COUNTY CORRECTIONAL CENTER, OR ASSIGNMENT SITE.  (a)  A person commits an offense if the person:
(1)  is sentenced to or is required as a condition of community supervision or correctional programming to submit to a period of detention or treatment in a community corrections facility or county correctional center;
(2)  fails to report to or leaves the facility, the center, or a community service assignment site as directed by the court, community supervision and corrections department supervising the person, or director of the facility or center in which the person is detained or treated, as appropriate;  and
(3)  in failing to report or leaving acts without the approval of the court, the community supervision and corrections department supervising the person, or the director of the facility or center in which the person is detained or treated.
(b)  An offense under this section is a state jail felony.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.  Amended by Acts 1995, 74th Leg., ch. 318, Sec. 12, eff. Sept. 1, 1995.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.114. Contraband in Correctional Facility

Sec. 38.114.  CONTRABAND IN CORRECTIONAL FACILITY.  (a)  A person commits an offense if the person:
(1)  provides contraband to an inmate of a correctional facility;
(2)  otherwise introduces contraband into a correctional facility; or
(3)  possesses contraband while confined in a correctional facility.
(b)  In this section, "contraband":
(1)  means:
(A)  any item not provided by or authorized by the operator of the correctional facility; or
(B)  any item provided by or authorized by the operator of the correctional facility that has been altered to accommodate a use other than the originally intended use; and
(2)  does not include any item specifically prohibited under Section 38.11.
(c)  An offense under this section is a Class C misdemeanor, unless the offense is committed by an employee or a volunteer of the correctional facility, in which event the offense is a Class B misdemeanor.
(d)  In this section, "correctional facility" means:
(1)  any place described by Section 1.07(a)(14); or
(2)  a "secure correctional facility" or "secure detention facility" as those terms are defined by Section 51.02, Family Code.
Added by Acts 2005, 79th Leg., Ch. 499 (H.B. 549), Sec. 2, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 42, eff. September 1, 2007.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.115. Operation of Unmanned Aircraft Over Correctional Facility or Detention Facility

Sec. 38.115.  OPERATION OF UNMANNED AIRCRAFT OVER CORRECTIONAL FACILITY OR DETENTION FACILITY.  (a)  In this section:
(1)  "Contraband" means any item not provided by or authorized by the operator of a correctional facility or detention facility.
(2)  "Correctional facility" means:
(A)  a confinement facility operated by or under contract with any division of the Texas Department of Criminal Justice;
(B)  a municipal or county jail;
(C)  a confinement facility operated by or under contract with the Federal Bureau of Prisons; or
(D)  a secure correctional facility or secure detention facility, as defined by Section 51.02, Family Code.
(3)  "Detention facility" means a facility operated by or under contract with United States Immigration and Customs Enforcement for the purpose of detaining aliens and placing them in removal proceedings.
(b)  A person commits an offense if the person intentionally or knowingly:
(1)  operates an unmanned aircraft over a correctional facility or detention facility and the unmanned aircraft is not higher than 400 feet above ground level;
(2)  allows an unmanned aircraft to make contact with a correctional facility or detention facility, including any person or object on the premises of or within the facility; or
(3)  allows an unmanned aircraft to come within a distance of a correctional facility or detention facility that is close enough to interfere with the operations of or cause a disturbance to the facility.
(c)  This section does not apply to conduct described by Subsection (b) that is committed 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 person who has the prior written consent of the owner or operator of the correctional facility or detention facility;
(4)  a law enforcement agency; or
(5)  a person under contract with or otherwise acting under the direction or on behalf of a law enforcement agency.
(d)  An offense under this section is a Class B misdemeanor, except that the offense is:
(1)  a Class A misdemeanor if the actor has previously been convicted under this section; or
(2)  a state jail felony if, during the commission of the offense, the actor used the unmanned aircraft to:
(A)  provide contraband to a person in the custody of the correctional facility or detention facility; or
(B)  otherwise introduce contraband into the correctional facility or detention facility.
Added by Acts 2023, 88th Leg., R.S., Ch. 591 (H.B. 3075), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.122. Falsely Holding Oneself Out as a Lawyer

Sec. 38.122.  FALSELY HOLDING ONESELF OUT AS A LAWYER.  (a)  A person commits an offense if, with intent to obtain an economic benefit for himself or herself, the person holds himself or herself out as a lawyer, unless he or she is currently licensed to practice law in this state, another state, or a foreign country and is in good standing with the State Bar of Texas and the state bar or licensing authority of any and all other states and foreign countries where licensed.
(b)  An offense under Subsection (a) of this section is a felony of the third degree.
(c)  Final conviction of falsely holding oneself out to be a lawyer is a serious crime for all purposes and acts, specifically including the State Bar Rules.
Added by Acts 1993, 73rd Leg., ch. 723, Sec. 5, eff. Sept. 1, 1993.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.123. Unauthorized Practice of Law

Sec. 38.123.  UNAUTHORIZED PRACTICE OF LAW.  (a)  A person commits an offense if, with intent to obtain an economic benefit for himself or herself, the person:
(1)  contracts with any person to represent that person with regard to personal causes of action for property damages or personal injury;
(2)  advises any person as to the person's rights and the advisability of making claims for personal injuries or property damages;
(3)  advises any person as to whether or not to accept an offered sum of money in settlement of claims for personal injuries or property damages;
(4)  enters into any contract with another person to represent that person in personal injury or property damage matters on a contingent fee basis with an attempted assignment of a portion of the person's cause of action;  or
(5)  enters into any contract with a third person which purports to grant the exclusive right to select and retain legal counsel to represent the individual in any legal proceeding.
(b)  This section does not apply to a person currently licensed to practice law in this state, another state, or a foreign country and in good standing with the State Bar of Texas and the state bar or licensing authority of any and all other states and foreign countries where licensed.
(c)  Except as provided by Subsection (d) of this section, an offense under Subsection (a) of this section is a Class A misdemeanor.
(d)  An offense under Subsection (a) of this section is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted under Subsection (a) of this section.
Added by Acts 1993, 73rd Leg., ch. 723, Sec. 5, eff. Sept. 1, 1993.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.13. Hindering Proceedings by Disorderly Conduct

Sec. 38.13.  HINDERING PROCEEDINGS BY DISORDERLY CONDUCT.  (a)  A person commits an offense if he intentionally hinders an official proceeding by noise or violent or tumultuous behavior or disturbance.
(b)  A person commits an offense if he recklessly hinders an official proceeding by noise or violent or tumultuous behavior or disturbance and continues after explicit official request to desist.
(c)  An offense under this section is a Class A misdemeanor.
Added by Acts 1973, 63rd Leg., p. 833, 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 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.151. Interference With Police Service Animals

Sec. 38.151.  INTERFERENCE WITH POLICE SERVICE ANIMALS.  (a)  In this section:
(1)  "Area of control" includes a vehicle, trailer, kennel, pen, or yard.
(2)  "Handler or rider" means a peace officer, corrections officer, or jailer who is specially trained to use a police service animal for law enforcement, corrections, prison or jail security, or investigative purposes.
(3)  "Police service animal" means a dog, horse, or other domesticated animal that is specially trained for use by a handler or rider.
(b)  A person commits an offense if the person recklessly:
(1)  taunts, torments, or strikes a police service animal;
(2)  throws an object or substance at a police service animal;
(3)  interferes with or obstructs a police service animal or interferes with or obstructs the handler or rider of a police service animal in a manner that:
(A)  inhibits or restricts the handler's or rider's control of the animal;  or
(B)  deprives the handler or rider of control of the animal;
(4)  releases a police service animal from its area of control;
(5)  enters the area of control of a police service animal without the effective consent of the handler or rider, including placing food or any other object or substance into that area;
(6)  injures or kills a police service animal;  or
(7)  engages in conduct likely to injure or kill a police service animal, including administering or setting a poison, trap, or any other object or substance.
(c)  An offense under this section is:
(1)  a Class C misdemeanor if the person commits an offense under Subsection (b)(1);
(2)  a Class B misdemeanor if the person commits an offense under Subsection (b)(2);
(3)  a Class A misdemeanor if the person commits an offense under Subsection (b)(3), (4), or (5);
(4)  except as provided by Subdivision (5), a state jail felony if the person commits an offense under Subsection (b)(6) or (7) by injuring a police service animal or by engaging in conduct likely to injure the animal; or
(5)  a felony of the second degree if the person commits an offense under Subsection (b)(6) or (7) by:
(A)  killing a police service animal or engaging in conduct likely to kill the animal;
(B)  injuring a police service animal in a manner that materially and permanently affects the ability of the animal to perform as a police service animal; or
(C)  engaging in conduct likely to injure a police service animal in a manner that would materially and permanently affect the ability of the animal to perform as a police service animal.
Added by Acts 2001, 77th Leg., ch. 979, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1331 (S.B. 1562), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.152. Interference With Radio Frequency Licensed to Government Entity

Sec. 38.152.  INTERFERENCE WITH RADIO FREQUENCY LICENSED TO GOVERNMENT ENTITY.  (a)  A person commits an offense if, without the effective consent of the law enforcement agency, fire department, or emergency medical services provider, the person intentionally interrupts, disrupts, impedes, jams, or otherwise interferes with a radio frequency that is licensed by the Federal Communications Commission to a government entity and is used by the law enforcement agency, fire department, or emergency medical services provider.
(b)  An offense under this section is a Class A misdemeanor, except that the offense is a state jail felony if the actor committed the offense with the intent to:
(1)  facilitate the commission of another offense; or
(2)  interfere with the ability of a law enforcement agency, a fire department, or an emergency medical services provider to respond to an emergency.
(c)  In this section:
(1)  "Emergency" has the meaning assigned by Section 38.15.
(2)  "Emergency medical services provider" has the meaning assigned by Section 773.003, Health and Safety Code.
(3)  "Law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure.
(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 under both sections.
Added by Acts 2009, 81st Leg., R.S., Ch. 1222 (S.B. 1273), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.16. Preventing Execution of Civil Process

Sec. 38.16.  PREVENTING EXECUTION OF CIVIL PROCESS.  (a)  A person commits an offense if he intentionally or knowingly by words or physical action prevents the execution of any process in a civil cause.
(b)  It is an exception to the application of this section that the actor evaded service of process by avoiding detection.
(c)  An offense under this section is a Class C misdemeanor.
Added by Acts 1995, 74th Leg., ch. 318, Sec. 13, eff. Sept. 1, 1995.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.17. Failure to Stop or Report Aggravated Sexual Assault of Child

Sec. 38.17.  FAILURE TO STOP OR REPORT AGGRAVATED SEXUAL ASSAULT OF CHILD.  (a)  A person, other than a person who has a relationship with a child described by Section 22.04(b), commits an offense if:
(1)  the actor observes the commission or attempted commission of an offense prohibited by Section 21.02 or 22.021(a)(2)(B) under circumstances in which a reasonable person would believe that an offense of a sexual or assaultive nature was being committed or was about to be committed against the child;
(2)  the actor fails to assist the child or immediately report the commission of the offense to a peace officer or law enforcement agency; and
(3)  the actor could assist the child or immediately report the commission of the offense without placing the actor in danger of suffering serious bodily injury or death.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 1999, 76th Leg., ch. 1344, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.50, eff. September 1, 2007.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.171. Failure to Report Felony

Sec. 38.171.  FAILURE TO REPORT FELONY.  (a)  A person commits an offense if the person:
(1)  observes the commission of a felony under circumstances in which a reasonable person would believe that an offense had been committed in which serious bodily injury or death may have resulted;  and
(2)  fails to immediately report the commission of the offense to a peace officer or law enforcement agency under circumstances in which:
(A)  a reasonable person would believe that the commission of the offense had not been reported;  and
(B)  the person could immediately report the commission of the offense without placing himself or herself in danger of suffering serious bodily injury or death.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 2003, 78th Leg., ch. 1009, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.172. Failure to Report Assault, Neglect, or Omission of Care in Certain Group Homes

Sec. 38.172.  FAILURE TO REPORT ASSAULT, NEGLECT, OR OMISSION OF CARE IN CERTAIN GROUP HOMES.  (a)  In this section, "group home" means an establishment that:
(1)  provides, in one or more buildings, lodging to three or more residents who are unrelated by blood or marriage to the owner of the establishment; and
(2)  provides those residents with community meals, light housework, meal preparation, transportation, grocery shopping, money management, laundry services, or assistance with self-administration of medication but does not provide personal care services as defined by Section 247.002, Health and Safety Code.
(b)  A person commits an offense if the person:
(1)  has actual knowledge that a resident of a group home has suffered bodily injury due to assault, neglect, or an omission in care; and
(2)  fails to report that fact to law enforcement or the Department of Family and Protective Services.
(c)  It is an exception to the application of this section that:
(1)  the actor is a person who holds a license issued under Chapter 142, 242, 246, 247, or 252, Health and Safety Code, or who is exempt from licensing under Section 142.003(a)(19), 242.003(3), or 247.004(4), Health and Safety Code; or
(2)  the injury occurs in:
(A)  an establishment or facility exempt from licensing under Section 142.003(a)(19), 242.003(3), or 247.004(4), Health and Safety Code;
(B)  a hotel as defined by Section 156.001, Tax Code;
(C)  a retirement community;
(D)  a monastery or convent;
(E)  a child-care facility as defined by Section 42.002, Human Resources Code;
(F)  a family violence shelter center as defined by Section 51.002, Human Resources Code; or
(G)  a sorority or fraternity house or other dormitory associated with an institution of higher education.
(d)  An offense under this section is a Class A misdemeanor.
(e)  If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
Added by Acts 2023, 88th Leg., R.S., Ch. 1046 (S.B. 189), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.18. Use of Collision Report Information and Other Information for Pecuniary Gain

Sec. 38.18.  USE OF COLLISION REPORT INFORMATION AND OTHER INFORMATION FOR PECUNIARY GAIN.  (a)  This section applies to:
(1)  information described by Section 550.065(a), Transportation Code;
(2)  information reported under Chapter 772, Health and Safety Code, other than information that is confidential under that chapter;  and
(3)  information contained in a dispatch log, a towing record, or a record of a 9-1-1 service provider, other than information that is confidential under Chapter 772, Health and Safety Code.
(b)  A person commits an offense if:
(1)  the person obtains information described by Subsection (a) from the Department of Public Safety of the State of Texas or other governmental entity;  and
(2)  the information is subsequently used for the direct solicitation of business or employment for pecuniary gain by:
(A)  the person;
(B)  an agent or employee of the person;  or
(C)  the person on whose behalf the information was requested.
(c)  A person who employs or engages another to obtain information described by Subsection (a) from the Department of Public Safety or other governmental entity commits an offense if the person subsequently uses the information for direct solicitation of business or employment for pecuniary gain.
(d)  An offense under this section is a Class B misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 139, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.19. Failure to Provide Notice and Report of Death of Resident of Institution

Sec. 38.19.  FAILURE TO PROVIDE NOTICE AND REPORT OF DEATH OF RESIDENT OF INSTITUTION.  (a)  A superintendent or general manager of an institution commits an offense if, as required by Article 49.24 or 49.25, Code of Criminal Procedure, the person fails to:
(1)  provide notice of the death of an individual under the care, custody, or control of or residing in the institution;
(2)  submit a report on the death of the individual;  or
(3)  include in the report material facts known or discovered by the person at the time the report was filed.
(b)  An offense under this section is a Class B misdemeanor.
Added by Acts 2003, 78th Leg., ch. 894, Sec. 4, eff. Sept. 1, 2003.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 39 - Abuse of Office › Section 39.01. Definitions

Sec. 39.01.  DEFINITIONS.  In this chapter:
(1)  "Law relating to a public servant's office or employment" means a law that specifically applies to a person acting in the capacity of a public servant and that directly or indirectly:
(A)  imposes a duty on the public servant;  or
(B)  governs the conduct of the public servant.
(2)  "Misuse" means to deal with property contrary to:
(A)  an agreement under which the public servant holds the property;
(B)  a contract of employment or oath of office of a public servant;
(C)  a law, including provisions of the General Appropriations Act specifically relating to government property, that prescribes the manner of custody or disposition of the property;  or
(D)  a limited purpose for which the property is delivered or received.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 39 - Abuse of Office › Section 39.015. Concurrent Jurisdiction to Prosecute Offenses Under This Chapter

Sec. 39.015.  CONCURRENT JURISDICTION TO PROSECUTE OFFENSES UNDER THIS CHAPTER.  With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 378 (S.B. 563), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 39 - Abuse of Office › Section 39.02. Abuse of Official Capacity

Sec. 39.02.  ABUSE OF OFFICIAL CAPACITY.  (a)  A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:
(1)  violates a law relating to the public servant's office or employment;  or
(2)  misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant's custody or possession by virtue of the public servant's office or employment.
(b)  An offense under Subsection (a)(1) is a Class A misdemeanor.
(c)  An offense under Subsection (a)(2) is:
(1)  a Class C misdemeanor if the value of the use of the thing misused is less than $100;
(2)  a Class B misdemeanor if the value of the use of the thing misused is $100 or more but less than $750;
(3)  a Class A misdemeanor if the value of the use of the thing misused is $750 or more but less than $2,500;
(4)  a state jail felony if the value of the use of the thing misused is $2,500 or more but less than $30,000;
(5)  a felony of the third degree if the value of the use of the thing misused is $30,000 or more but less than $150,000;
(6)  a felony of the second degree if the value of the use of the thing misused is $150,000 or more but less than $300,000; or
(7)  a felony of the first degree if the value of the use of the thing misused is $300,000 or more.
(d)  A discount or award given for travel, such as frequent flyer miles, rental car or hotel discounts, or food coupons, are not things of value belonging to the government for purposes of this section due to the administrative difficulty and cost involved in recapturing the discount or award for a governmental entity.
(e)  If separate transactions that violate Subsection (a)(2) are conducted pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense and the value of the use of the things misused in the transactions may be aggregated in determining the classification of the offense.
(f)  The value of the use of a thing of value misused under Subsection (a)(2) may not exceed:
(1)  the fair market value of the thing at the time of the offense; or
(2)  if the fair market value of the thing cannot be ascertained, the cost of replacing the thing within a reasonable time after the offense.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1983, 68th Leg., p. 3241, ch. 558, Sec. 7, eff. Sept. 1, 1983.  Renumbered from Penal Code Sec. 39.01 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 82 (S.B. 828), Sec. 1, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 28, eff. September 1, 2015.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 39 - Abuse of Office › Section 39.03. Official Oppression

Sec. 39.03.  OFFICIAL OPPRESSION.  (a)  A public servant acting under color of his office or employment commits an offense if he:
(1)  intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;
(2)  intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful;  or
(3)  intentionally subjects another to sexual harassment.
(b)  For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity.
(c)  In this section, "sexual harassment" means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly.
(d)  An offense under this section is a Class A misdemeanor, except that an offense is a felony of the third degree if the public servant acted with the intent to impair the accuracy of data reported to the Texas Education Agency through the Public Education Information Management System (PEIMS) described by Sections 48.008 and 48.009, Education Code, under a law requiring that reporting.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1989, 71st Leg., ch. 1217, Sec. 1, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 16, Sec. 19.01(34), eff. Aug. 26, 1991.  Renumbered from Penal Code Sec. 39.02 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 510 (S.B. 124), Sec. 2, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.088, eff. September 1, 2019.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 39 - Abuse of Office › Section 39.041. Improper Sexual Activity With Committed Person

Sec. 39.041.  IMPROPER SEXUAL ACTIVITY WITH COMMITTED PERSON.  (a)  In this section, "deviate sexual intercourse," "sexual contact," and "sexual intercourse" have the meanings assigned by Section 21.01.
(b)  An officer or employee of the Texas Civil Commitment Office, a person who contracts with this state to perform a service in a civil commitment facility or an employee of that person, or a volunteer at a civil commitment facility commits an offense if the person intentionally engages in deviate sexual intercourse, sexual contact, or sexual intercourse with a person committed to a civil commitment facility.
(c)  An offense under this section is a felony of the third degree.
(d)  It is an affirmative defense to prosecution under this section that, at the time of the offense, the actor was the spouse of the person committed to the civil commitment facility.
(e)  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, the other law, or both.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 39 - Abuse of Office › Section 39.05. Failure to Report Death of Prisoner

Sec. 39.05.  FAILURE TO REPORT DEATH OF PRISONER.  (a)  A person commits an offense if the person is required to conduct an investigation and file a report by Article 49.18, Code of Criminal Procedure, and the person fails to investigate the death, fails to file the report as required, or fails to include in a filed report facts known or discovered in the investigation.
(b)  A person commits an offense if the person is required by Section 501.055, Government Code, to:
(1)  give notice of the death of an inmate and the person fails to give the notice;  or
(2)  conduct an investigation and file a report and the person:
(A)  fails to conduct the investigation or file the report;  or
(B)  fails to include in the report facts known to the person or discovered by the person in the investigation.
(c)  An offense under this section is a Class B misdemeanor.
Added by Acts 1983, 68th Leg., p. 2510, ch. 441, Sec. 2, eff. Sept. 1, 1983.  Renumbered from Penal Code Sec. 39.022 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.104, eff. Sept. 1, 1995.