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15 Cards in this Set

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Art. 14.03. [214] [261] [249] Authority of peace officers

(a) Any peace officer may arrest, without warrant:
(1) persons found in suspicious places and under circumstances
which reasonably show that such persons have been guilty of some
felony, violation of Title 9, Chapter 42, Penal Code, breach of the
peace, or offense under Section 49.02, Penal Code, or threaten, or
are about to commit some offense against the laws;

(2) persons who the peace officer has probable cause to believe have
committed an assault resulting in bodily injury to another person
and the peace officer has probable cause to believe that there is
danger of further bodily injury to that person;

Text of subd. (a)(3) as amended by Acts 2003, 78th Leg., ch. 836,
Sec. 2

(3) persons who the peace officer has probable cause to believe have
committed an offense defined by Section 25.07, Penal Code
(violation of Protective Order), or by Section 38.112, Penal Code
(violation of Protective Order issued on basis of sexual assault),
if the offense is not committed in the presence of the peace
officer; or

Text of subd. (a)(3) as amended by Acts 2003, 78th Leg., ch. 460,
Sec. 2, and ch. 1164, Sec. 2

(3) persons who the peace officer has probable cause to believe have
committed the offense defined by Section 25.07, Penal Code
(violation of Protective Order), if the offense is not committed in
the presence of the peace officer;

(4) persons who the peace officer has probable cause to believe have
committed an assault resulting in bodily injury to a member of the
person's family or household; or

Text of subd. (a)(5) as added by Acts 2003, 78th Leg., ch. 460, Sec.
2, and ch. 1164, Sec. 2

(5) persons who the peace officer has probable cause to believe have
prevented or interfered with an individual's ability to place a
telephone call in an emergency, as defined by Section 42.062(d),
Penal Code, if the offense is not committed in the presence of the
peace officer.

Text of subd. (a)(5) as added by Acts 2003, 78th Leg., ch. 989, Sec.
1

(5) a person who makes a statement to the peace officer that would
be admissible against the person under Article 38.21 and
establishes probable cause to believe that the person has committed
a felony.

(b) A peace officer shall arrest, without a warrant, a person the
peace officer has probable cause to believe has committed an
offense under Section 25.07, Penal Code (violation of Protective
Order), or Section 38.112, Penal Code (violation of Protective
Order issued on basis of sexual assault), if the offense is
committed in the presence of the peace officer.

(c) If reasonably necessary to verify an allegation of a violation
of a protective order or of the commission of an assault against a
member of the family or household, a peace officer shall remain at
the scene of the investigation to verify the allegation and to
prevent the further commission of the violation or of family
violence.

(d) A peace officer who is outside his jurisdiction may arrest,
without warrant, a person who commits an offense within the
officer's presence or view, if the offense is a felony, a violation
of Chapter 42 or 49, Penal Code, or a breach of the peace. A peace
officer making an arrest under this subsection shall, as soon as
practicable after making the arrest, notify a law enforcement
agency having jurisdiction where the arrest was made. The law
enforcement agency shall then take custody of the person committing
the offense and take the person before a magistrate in compliance
with Article 14.06 of this code.

(e) The justification for conduct provided under Section 9.21,
Penal Code, applies to a peace officer when the peace officer is
performing a duty required by this article.

(f) In this article, "family," "household," and "member of a
household" have the meanings assigned to those terms by Chapter 71,
Family Code.

(g) A peace officer listed in Subdivision (1), (2), (3), (4), or
(5), Article 2.12, who is licensed under Chapter 415, Government
Code, and is outside of the officer's jurisdiction may arrest
without a warrant a person who commits any offense within the
officer's presence or view, except that an officer who is outside
the officer's jurisdiction may arrest a person for a violation of
Subtitle C, Title 7, Transportation Code, only if the officer is
listed in Subdivision (4), Article 2.12. A peace officer making an
arrest under this subsection shall as soon as practicable after
making the arrest notify a law enforcement agency having
jurisdiction where the arrest was made. The law enforcement agency
shall then take custody of the person committing the offense and
take the person before a magistrate in compliance with Article
14.06.
§ 19.02. MURDER.
(b) A person commits an offense if he:
(1) intentionally or knowingly causes the death of an
individual;
(2) intends to cause serious bodily injury and commits
an act clearly dangerous to human life that causes the death of an
individual; or
(3) commits or attempts to commit a felony, other than
manslaughter, and in the course of and in furtherance of the
commission or attempt, or in immediate flight from the commission
or attempt, he commits or attempts to commit an act clearly
dangerous to human life that causes the death of an individual.
(c) Except as provided by Subsection (d), an offense under
this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may
raise the issue as to whether he caused the death under the
immediate influence of sudden passion arising from an adequate
cause. If the defendant proves the issue in the affirmative by a
preponderance of the evidence, the offense is a felony of the second
degree.
§ 19.04. MANSLAUGHTER.
(a) A person commits an
offense if he recklessly causes the death of an individual.
(b) An offense under this section is a felony of the second
degree.
§ 19.05. CRIMINALLY NEGLIGENT HOMICIDE.
(a) A person
commits an offense if he causes the death of an individual by
criminal negligence.
(b) An offense under this section is a state jail felony.
§ 22.01. ASSAULT.
(a) A person commits an offense if
the person:
(1) intentionally, knowingly, or recklessly causes
bodily injury to another, including the person's spouse;
(2) intentionally or knowingly threatens another with
imminent bodily injury, including the person's spouse; or
(3) intentionally or knowingly causes physical
contact with another when the person knows or should reasonably
believe that the other will regard the contact as offensive or
provocative.
(b) An offense under Subsection (a)(1) is a Class A
misdemeanor, except that the offense is a felony of the third degree
if the offense is committed against:
(1) a person the actor knows is a public servant while
the public servant is lawfully discharging an official duty, or in
retaliation or on account of an exercise of official power or
performance of an official duty as a public servant;
(2) a member of the defendant's family or household, if
it is shown on the trial of the offense that the defendant has been
previously convicted of an offense against a member of the
defendant's family or household under this section; or
§ 22.01. ASSAULT.
(a) A person commits an offense if
the person:
(1) intentionally, knowingly, or recklessly causes
bodily injury to another, including the person's spouse;
(2) intentionally or knowingly threatens another with
imminent bodily injury, including the person's spouse; or
(3) intentionally or knowingly causes physical
contact with another when the person knows or should reasonably
believe that the other will regard the contact as offensive or
provocative.
(b) An offense under Subsection (a)(1) is a Class A
misdemeanor, except that the offense is a felony of the third degree
if the offense is committed against:
(1) a person the actor knows is a public servant while
the public servant is lawfully discharging an official duty, or in
retaliation or on account of an exercise of official power or
performance of an official duty as a public servant;
(2) a member of the defendant's family or household, if
it is shown on the trial of the offense that the defendant has been
previously convicted of an offense against a member of the
defendant's family or household under this section; or
Text of subsec. (b)(3) as added by Acts 2003, 78th Leg., ch. 294, § 1

(3) a person who contracts with government to perform
a service in a facility as defined by Section 1.07(a)(14), Penal
Code; Section 51.02(13), Family Code; or Section 51.02(14),
Family Code, or an employee of that person:
(A) while the person or employee is engaged in
performing a service within the scope of the contract, if the actor
knows the person or employee is authorized by government to provide
the service; or
(B) in retaliation for or on account of the
person's or employee's performance of a service within the scope of
the contract.
Text of subsec. (b)(3) as added by Acts 2003, 78th Leg., ch. 1019, § 1

(3) a person the actor knows is a security officer
while the officer is performing a duty as a security officer.
(c) An offense under Subsection (a)(2) or (3) is a Class C
misdemeanor, except that the offense is:
(1) a Class A misdemeanor if the offense is committed
under Subsection (a)(3) against an elderly individual or disabled
individual, as those terms are defined by Section 22.04; or
(2) a Class B misdemeanor if the offense is committed
by a person who is not a sports participant against a person the
actor knows is a sports participant either:
(A) while the participant is performing duties or
responsibilities in the participant's capacity as a sports
participant; or
(B) in retaliation for or on account of the
participant's performance of a duty or responsibility within the
participant's capacity as a sports participant.
(d) For purposes of Subsection (b), the actor is presumed to
have known the person assaulted was a public servant or a security
officer if the person was wearing a distinctive uniform or badge
indicating the person's employment as a public servant or status as
a security officer.
(e) In this section:
(1) "Family" has the meaning assigned by Section
71.003, Family Code.
(2) "Household" has the meaning assigned by Section
71. 005, Family Code.
Text of subsec. (e)(3) as added by Acts 2003, 78th Leg., ch. 1019, § 2

(3) "Security officer" means a commissioned security
officer as defined by Section 1702.002, Occupations Code, or a
noncommissioned security officer registered under Section
1702.221, Occupations Code.
Text of subsec. (e)(3) as added by Acts 2003, 78th Leg., ch. 1028, § 1

(3) "Sports participant" means a person who
participates in any official capacity with respect to an
interscholastic, intercollegiate, or other organized amateur or
professional athletic competition and includes an athlete,
referee, umpire, linesman, coach, instructor, administrator, or
staff member.
(f) For the purposes of this section, a defendant has been
previously convicted of an offense against a member of the
defendant's family or a member of the defendant's household under
this section 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.
§ 22.011. SEXUAL ASSAULT.
(a) A person commits an
offense if the person:
(1) intentionally or knowingly:
(A) causes the penetration of the anus or sexual
organ of another person by any means, without that person's
consent;
(B) causes the penetration of the mouth of
another person by the sexual organ of the actor, without that
person's consent; or
(C) causes the sexual organ of another person,
without that person's consent, to contact or penetrate the mouth,
anus, or sexual organ of another person, including the actor; or
(2) intentionally or knowingly:
(A) causes the penetration of the anus or sexual
organ of a child by any means;
(B) causes the penetration of the mouth of a
child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact
or penetrate the mouth, anus, or sexual organ of another person,
including the actor;
(D) causes the anus of a child to contact the
mouth, anus, or sexual organ of another person, including the
actor; or
(E) causes the mouth of a child to contact the
anus or sexual organ of another person, including the actor.
(b) A sexual assault under Subsection (a)(1) is without the
consent of the other person if:
(1) the actor compels the other person to submit or
participate by the use of physical force or violence;
(2) the actor compels the other person to submit or
participate by threatening to use force or violence against the
other person, and the other person believes that the actor has the
present ability to execute the threat;
(3) the other person has not consented and the actor
knows the other person is unconscious or physically unable to
resist;
(4) the actor knows that as a result of mental disease
or defect the other person is at the time of the sexual assault
incapable either of appraising the nature of the act or of resisting
it;
(5) the other person has not consented and the actor
knows the other person is unaware that the sexual assault is
occurring;
(6) the actor has intentionally impaired the other
person's power to appraise or control the other person's conduct by
administering any substance without the other person's knowledge;
(7) the actor compels the other person to submit or
participate by threatening to use force or violence against any
person, and the other person believes that the actor has the ability
to execute the threat;
(8) the actor is a public servant who coerces the other
person to submit or participate;
(9) the actor is a mental health services provider or a
health care services provider who causes the other person, who is a
patient or former patient of the actor, to submit or participate by
exploiting the other person's emotional dependency on the actor;
(10) the actor is a clergyman who causes the other
person to submit or participate by exploiting the other person's
emotional dependency on the clergyman in the clergyman's
professional character as spiritual adviser; or
(11) the actor is an employee of a facility where the
other person is a resident, unless the employee and resident are
formally or informally married to each other under Chapter 2,
Family Code.
(c) In this section:
(1) "Child" means a person younger than 17 years of age
who is not the spouse of the actor.
(2) "Spouse" means a person who is legally married to
another.
Text of subsec. (c)(3) effective until February 1, 2004

(3) "Health care services provider" means:
(A) a physician licensed under Subtitle B, Title
3, Occupations Code;
(B) a chiropractor licensed under Chapter 201,
Occupations Code;
(C) a licensed vocational nurse licensed under
Chapter 302, Occupations Code;
(D) a physical therapist licensed under Chapter
453, Occupations Code;
(E) a physician assistant licensed under Chapter
204, Occupations Code; or
(F) a registered nurse or an advanced practice
nurse licensed under Chapter 301, Occupations Code.
Text of subsec. (c)(3) effective February 1, 2004

(3) "Health care services provider" means:
(A) a physician licensed under Subtitle B, Title
3, Occupations Code;
(B) a chiropractor licensed under Chapter 201,
Occupations Code;
(C) a physical therapist licensed under Chapter
453, Occupations Code;
(D) a physician assistant licensed under Chapter
204, Occupations Code; or
(E) a registered nurse, a vocational nurse, or an
advanced practice nurse licensed under Chapter 301, Occupations
Code.
(4) "Mental health services provider" means an
individual, licensed or unlicensed, who performs or purports to
perform mental health services, including a:
(A) licensed social worker as defined by Section
505.002, Occupations Code;
(B) chemical dependency counselor as defined by
Section 504.001, Occupations Code;
(C) licensed professional counselor as defined
by Section 503.002, Occupations Code;
(D) licensed marriage and family therapist as
defined by Section 502.002, Occupations Code;
(E) member of the clergy;
(F) psychologist offering psychological services
as defined by Section 501.003, Occupations Code; or
(G) special officer for mental health assignment
certified under Section 1701.404, Occupations Code.
(5) "Employee of a facility" means a person who is an
employee of a facility defined by Section 250.001, Health and
Safety Code, or any other person who provides services for a
facility for compensation, including a contract laborer.
(d) It is a defense to prosecution under Subsection (a)(2)
that the conduct consisted of medical care for the child and did not
include any contact between the anus or sexual organ of the child
and the mouth, anus, or sexual organ of the actor or a third party.
(e) It is an affirmative defense to prosecution under
Subsection (a)(2) that:
(1) the actor was not more than three years older than
the victim and at the time of the offense:
(A) was not required under Chapter 62, Code of
Criminal Procedure, as added by Chapter 668, Acts of the 75th
Legislature, Regular Session, 1997, to register for life as a sex
offender; or
(B) was not a person who under Chapter 62 had a
reportable conviction or adjudication for an offense under this
section; and
(2) the victim was a child of 14 years of age or older.
(f) An offense under this section is a felony of the second
degree.
§ 22.021. AGGRAVATED SEXUAL ASSAULT.
(a) A person
commits an offense:
(1) if the person:
(A) intentionally or knowingly:
(i) causes the penetration of the anus or
sexual organ of another person by any means, without that person's
consent;
(ii) causes the penetration of the mouth of
another person by the sexual organ of the actor, without that
person's consent; or
(iii) causes the sexual organ of another
person, without that person's consent, to contact or penetrate the
mouth, anus, or sexual organ of another person, including the
actor; or
(B) intentionally or knowingly:
(i) causes the penetration of the anus or
sexual organ of a child by any means;
(ii) causes the penetration of the mouth of
a child by the sexual organ of the actor;
(iii) causes the sexual organ of a child to
contact or penetrate the mouth, anus, or sexual organ of another
person, including the actor;
(iv) causes the anus of a child to contact
the mouth, anus, or sexual organ of another person, including the
actor; or
(v) causes the mouth of a child to contact
the anus or sexual organ of another person, including the actor;
and
(2) if:
(A) the person:
(i) causes serious bodily injury or
attempts to cause the death of the victim or another person in the
course of the same criminal episode;
(ii) by acts or words places the victim in
fear that death, serious bodily injury, or kidnapping will be
imminently inflicted on any person;
(iii) by acts or words occurring in the
presence of the victim threatens to cause the death, serious bodily
injury, or kidnapping of any person;
(iv) uses or exhibits a deadly weapon in the
course of the same criminal episode;
(v) acts in concert with another who
engages in conduct described by Subdivision (1) directed toward the
same victim and occurring during the course of the same criminal
episode; or
(vi) administers or provides
flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate,
or ketamine to the victim of the offense with the intent of
facilitating the commission of the offense;
(B) the victim is younger than 14 years of age;
or
(C) the victim is an elderly individual or a
disabled individual.
(b) In this section:
(1) "Child" has the meaning assigned by Section
22.011(c).
(2) ""Elderly individual" and "disabled individual"
have the meanings assigned by Section 22.04(c).
(c) An aggravated sexual assault under this section is
without the consent of the other person if the aggravated sexual
assault occurs under the same circumstances listed in Section
22.011(b).
(d) The defense provided by Section 22.011(d) applies to
this section.
(e) An offense under this section is a felony of the first
degree.
§ 22.02. AGGRAVATED ASSAULT.
(a) A person commits an
offense if the person commits assault as defined in § 22.01 and
the person:
(1) causes serious bodily injury to another, including
the person's spouse; or
(2) uses or exhibits a deadly weapon during the
commission of the assault.
(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 offense is committed:
(1) by a public servant acting under color of the
servant's office or employment;
(2) against a person the actor knows is a public
servant while the public servant is lawfully discharging an
official duty, or in retaliation or on account of an exercise of
official power or performance of an official duty as a public
servant;
(3) in retaliation against or on account of the
service of another as a witness, prospective witness, informant, or
person who has reported the occurrence of a crime; or
(4) against a person the actor knows is a security
officer while the officer is performing a duty as a security
officer.
(c) The actor is presumed to have known the person assaulted
was a public servant or a security officer if the person was wearing
a distinctive uniform or badge indicating the person's employment
as a public servant or status as a security officer.
(d) In this section, "security officer" means a
commissioned security officer as defined by Section 1702.002,
Occupations Code, or a noncommissioned security officer registered
under Section 1702.221, Occupations Code.
§ 22.04. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR
DISABLED INDIVIDUAL.
(a) A person commits an offense if he
intentionally, knowingly, recklessly, or with criminal negligence,
by act or intentionally, knowingly, or recklessly by omission,
causes to a child, elderly individual, or disabled individual:
(1) serious bodily injury;
(2) serious mental deficiency, impairment, or injury;
or
(3) bodily injury.
(b) An omission that causes a condition described by
Subsections (a)(1) through (a)(3) is conduct constituting an
offense under this section if:
(1) the actor has a legal or statutory duty to act; or
(2) the actor has assumed care, custody, or control of
a child, elderly individual, or disabled individual.
(c) In this section:
(1) "Child" means a person 14 years of age or younger.
(2) "Elderly individual" means a person 65 years of
age or older.
(3) "Disabled individual" means a person older than 14
years of age who by reason of age or physical or mental disease,
defect, or injury is substantially unable to protect himself from
harm or to provide food, shelter, or medical care for himself.
(d) The actor has assumed care, custody, or control if he
has by act, words, or course of conduct acted so as to cause a
reasonable person to conclude that he has accepted responsibility
for protection, food, shelter, and medical care for a child,
elderly individual, or disabled individual.
(e) An offense under Subsection (a)(1) or (2) is a felony of
the first degree when the conduct is committed intentionally or
knowingly. When the conduct is engaged in recklessly it shall be a
felony of the second degree.
(f) An offense under Subsection (a)(3) is a felony of the
third degree when the conduct is committed intentionally or
knowingly. When the conduct is engaged in recklessly it shall be a
state jail felony.
(g) An offense under Subsection (a) when the person acts
with criminal negligence shall be a state jail felony.
(h) A person who is subject to prosecution under both this
section and another section of this code may be prosecuted under
either or both sections. Section 3.04 does not apply to criminal
episodes prosecuted under both this section and another section of
this code. If a criminal episode is prosecuted under both this
section and another section of this code and sentences are assessed
for convictions under both sections, the sentences shall run
concurrently.
(i) It is an affirmative defense to prosecution under
Subsection (b)(2) that before the offense the actor:
(1) notified in person the child, elderly individual,
or disabled individual that he would no longer provide any of the
care described by Subsection (d); and
(2) notified in writing the parents or person other
than himself acting in loco parentis to the child, elderly
individual, or disabled individual that he would no longer provide
any of the care described by Subsection (d); or
(3) notified in writing the Department of Protective
and Regulatory Services that he would no longer provide any of the
care set forth in Subsection (d).
(j) Written notification under Subsection (i)(2) or (i)(3)
is not effective unless it contains the name and address of the
actor, the name and address of the child, elderly individual, or
disabled individual, the type of care provided by the actor, and the
date the care was discontinued.
(k)(1) It is a defense to prosecution under this section that
the act or omission consisted of:
(A) reasonable medical care occurring under the
direction of or by a licensed physician; or
(B) emergency medical care administered in good
faith and with reasonable care by a person not licensed in the
healing arts.
(2) It is an affirmative defense to prosecution under
this section that the act or omission was based on treatment in
accordance with the tenets and practices of a recognized religious
method of healing with a generally accepted record of efficacy. It
is an affirmative defense to prosecution for a person charged with
an act of omission under this section causing to a child, elderly
individual, or disabled individual a condition described by
Subsection (a)(1), (2), or (3) that:
(A) there is no evidence that, on the date prior
to the offense charged, the defendant was aware of an incident of
injury to the child, elderly individual, or disabled individual and
failed to report the incident; and
(B) the person:
(i) was a victim of family violence, as that
term is defined by Section 71.004, Family Code, committed by a
person who is also charged with an offense against the child,
elderly individual, or disabled individual under this section or
any other section of this title;
(ii) did not cause a condition described by
Subsection (a)(1), (2), or (3); and
(iii) did not reasonably believe at the
time of the omission that an effort to prevent the person also
charged with an offense against the child, elderly individual, or
disabled individual from committing the offense would have an
effect.
§ 22.05. DEADLY CONDUCT.
(a) A person commits an
offense if he recklessly engages in conduct that places another in
imminent danger of serious bodily injury.
(b) A person commits an offense if he knowingly discharges a
firearm at or in the direction of:
(1) one or more individuals; or
(2) a habitation, building, or vehicle and is reckless
as to whether the habitation, building, or vehicle is occupied.
(c) Recklessness and danger are presumed if the actor
knowingly pointed a firearm at or in the direction of another
whether or not the actor believed the firearm to be loaded.
(d) For purposes of this section, "building," "habitation,"
and "vehicle" have the meanings assigned those terms by Section
30.01.
(e) An offense under Subsection (a) is a Class A
misdemeanor. An offense under Subsection (b) is a felony of the
third degree.
§ 20.02. UNLAWFUL RESTRAINT.
(a) A person commits an
offense if he intentionally or knowingly restrains another person.
(b) It is an affirmative defense to prosecution under this
section that:
(1) the person restrained was a child younger than 14
years of age;
(2) the actor was a relative of the child; and
(3) the actor's sole intent was to assume lawful
control of the child.
(c) An offense under this section is a Class A misdemeanor,
except that the offense is:
(1) a state jail felony if the person restrained was a
child younger than 17 years of age; or
(2) a felony of the third degree if:
(A) the actor recklessly exposes the victim to a
substantial risk of serious bodily injury;
(B) the actor restrains an individual the actor
knows is a public servant while the public servant is lawfully
discharging an official duty or in retaliation or on account of an
exercise of official power or performance of an official duty as a
public servant; or
(C) the actor while in custody restrains any
other person.
(d) It is no offense to detain or move another under this
section when it is for the purpose of effecting a lawful arrest or
detaining an individual lawfully arrested.
(e) It is an affirmative defense to prosecution under this
section that:
(1) the person restrained was a child who is 14 years
of age or older and younger than 17 years of age;
(2) the actor does not restrain the child by force,
intimidation, or deception; and
(3) the actor is not more than three years older than
the child.
§ 20.03. KIDNAPPING.
(a) A person commits an offense
if he intentionally or knowingly abducts another person.
(b) It is an affirmative defense to prosecution under this
section that:
(1) the abduction was not coupled with intent to use or
to threaten to use deadly force;
(2) the actor was a relative of the person abducted;
and
(3) the actor's sole intent was to assume lawful
control of the victim.
(c) An offense under this section is a felony of the third
degree.
§ 20.04. AGGRAVATED KIDNAPPING.
(a) A person commits
an offense if he intentionally or knowingly abducts another person
with the intent to:
(1) hold him for ransom or reward;
(2) use him as a shield or hostage;
(3) facilitate the commission of a felony or the
flight after the attempt or commission of a felony;
(4) inflict bodily injury on him or violate or abuse
him sexually;
(5) terrorize him or a third person; or
(6) interfere with the performance of any governmental
or political function.
(b) A person commits an offense if the person intentionally
or knowingly abducts another person and uses or exhibits a deadly
weapon during the commission of the offense.
(c) Except as provided by Subsection (d), an offense under
this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may
raise the issue as to whether he voluntarily released the victim in
a safe place. If the defendant proves the issue in the affirmative
by a preponderance of the evidence, the offense is a felony of the
second degree.
§ 22.07. TERRORISTIC THREAT.
(a) A person commits an
offense if he threatens to commit any offense involving violence to
any person or property with intent to:
(1) cause a reaction of any type to his threat by an
official or volunteer agency organized to deal with emergencies;
(2) place any person in fear of imminent serious
bodily injury;
(3) prevent or interrupt the occupation or use of a
building; room; place of assembly; place to which the public has
access; place of employment or occupation; aircraft, automobile,
or other form of conveyance; or other public place;
(4) cause impairment or interruption of public
communications, public transportation, public water, gas, or power
supply or other public service;
(5) place the public or a substantial group of the
public in fear of serious bodily injury; or
(6) influence the conduct or activities of a branch or
agency of the federal government, the state, or a political
subdivision of the state.
Text of subsec. (b) as amended by Acts 2003, 78th Leg., ch. 139, § 1 and Acts 2003, 78th Leg., ch. 388, § 2

(b) An offense under Subdivision (1) or (2) of Subsection
(a) is a Class B misdemeanor, except that an offense under
Subdivision (2) of Subsection (a) is a Class A misdemeanor if the
offense is committed against a member of the person's family or
household or otherwise constitutes family violence or if the
offense is committed against a public servant. An offense under
Subdivision (3) of Subsection (a) is a Class A misdemeanor. An
offense under Subdivision (4), (5), or (6) of Subsection (a) is a
felony of the third degree.
Text of subsec. (b) as amended by Acts 2003, 78th Leg., ch. 388, § 2 and Acts 2003, 78th Leg., ch. 446, § 1

(b) An offense under Subdivision (1) or (2) of Subsection
(a) is a Class B misdemeanor. An offense under Subdivision (3) of
Subsection (a) is a Class A misdemeanor, unless the actor causes
pecuniary loss of $1,500 or more to the owner of the building, room,
place, or conveyance, in which event the offense is a state jail
felony. An offense under Subdivision (4), (5), or (6) of Subsection
(a) is a felony of the third degree.
Text of subsec. (c) as added by Acts 2003, 78th Leg., ch. 139, § 1

(c) In this section:
(1) "Family" has the meaning assigned by Section
71.003, Family Code.
(2) "Family violence" has the meaning assigned by
Section 71.004, Family Code.
(3) "Household" has the meaning assigned by Section
71.005, Family Code.
Text of subsec. (c) as added by Acts 2003, 78th Leg., ch. 446, § 1

(c) The amount of pecuniary loss under Subsection (b) is the
amount of economic loss suffered by the owner of the building, room,
place, or conveyance as a result of the prevention or interruption
of the occupation or use of the building, room, place, or
conveyance.