Texoma Regional Police Academy

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The general purposes of this code are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate.

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Objective of Code
Sec 1.02

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a bodily movement, whether voluntary or involuntary, and includes speech.

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Act

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a person whose criminal responsibility is in issue in a criminal action.

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Actor

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Whenever the term "______" is used in this code, it means "actor."

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suspect

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physical pain, illness, or any impairment of physical condition.

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Bodily injury

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an act or omission and its accompanying mental state

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Conduct

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assent in fact, whether express or apparent

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Consent

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a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense.

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Correctional facility

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(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or

(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

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Deadly weapon

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consent by a person legally authorized to act for the owner. Consent is not effective if:

(A) induced by force, threat, or fraud;

(B) given by a person the actor knows is not legally authorized to act for the owner;

(C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or

(D) given solely to detect the commission of an offense.

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Effective consent

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(A) the forbidden conduct;

(B) the required culpability;

(C) any required result; and

(D) the negation of any exception to the offense.

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Element of offense

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an offense so designated by law or punishable by death or confinement in a penitentiary.

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Felony

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a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth.

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Individual

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an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail.

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Misdemeanor

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an individual, corporation, or association

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Person

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any place to which the public or a substantial group of the public has access and includes, but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

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Public place

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a belief that would be held by an ordinary and prudent man in the same circumstances as the actor.

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Reasonable belief

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bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

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Serious bodily injury

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All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial.

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Proof beyond a reasonable doubt.

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a person does not commit an offense
unless he intentionally, knowingly, recklessly, or with criminal
negligence engages in conduct as the definition of the offense
requires.

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REQUIREMENT OF CULPABILITY

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intentional
knowing
reckless
criminal negligence

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Culpable mental states are classified according to
relative degrees, from highest to lowest

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A person acts ________, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.

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intentionally

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A person acts _______, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist.

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knowingly

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A person acts _______, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.

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recklessly

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A person acts with _______, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur.

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criminal negligence

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All traditional distinctions between accomplices and principals are abolished by this section, and each party to an offense may be charged and convicted without alleging that he acted as a principal or accomplice

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PARTIES TO OFFENSES

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acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense

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CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER.

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If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it

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CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER.

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It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.

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MISTAKE OF FACT

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It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.

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MISTAKE OF LAW

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Voluntary intoxication does not constitute a defense to the commission of crime.

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INTOXICATION

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It is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another.

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DURESS

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It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense.

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ENTRAPMENT

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Unless the juvenile court waives jurisdiction under Section 54.02, Family Code, and certifies the individual for criminal prosecution or the juvenile court has previously waived jurisdiction under that section and certified the individual for criminal prosecution, a person may not be prosecuted for or convicted of any offense committed before reaching 17 years of age except an offense described by Subsections

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AGE AFFECTING CRIMINAL RESPONSIBILITY

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A person may not be prosecuted for or convicted of any offense that the person committed when younger than 15 years of age

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AGE AFFECTING CRIMINAL RESPONSIBILITY

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Class A misdemeanors;
Class B misdemeanors;
Class C misdemeanors

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CLASSIFICATION OF MISDEMEANORS

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capital felonies;
felonies of the first degree;
felonies of the second degree;
felonies of the third degree;
state jail felonies

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CLASSIFICATION OF FELONIES

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(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one year; or
(3) both such fine and confinement.

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CLASS A MISDEMEANOR

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(1) a fine not to exceed $2,000;
(2) confinement in jail for a term not to exceed 180 days; or
(3) both such fine and confinement

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CLASS B MISDEMEANOR

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An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.

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CLASS C MISDEMEANOR

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An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the institutional division for life without parole or by death.

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CAPITAL FELONY

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punished by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years and/or punished by a fine not to exceed $10,000.

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FIRST DEGREE FELONY PUNISHMENT

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punished by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years and/or punished by a fine not to exceed $10,000

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SECOND DEGREE FELONY PUNISHMENT

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punished by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years and/or punished by a fine not to exceed $10,000

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THIRD DEGREE FELONY PUNISHMENT

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punished by confinement in a state jail for any term of not more than two years or less than 180 days and/or punished by a fine not to exceed $10,000

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STATE JAIL FELONY PUNISHMENT

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If it is shown on the trial of a first-degree felony that the defendant has been once before convicted of a felony, on conviction he shall be punished by imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 15 years. In addition to imprisonment, an individual may be punished by a fine not to exceed $10,000.

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PENALTIES FOR REPEAT AND HABITUAL FELONY OFFENDERS

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A person commits ___________
if, with intent that a felony be committed:
(1) he agrees with one or more persons that they or one
or more of them engage in conduct that would constitute the offense;
and
(2) he or one or more of them performs an overt act in
pursuance of the agreement.

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criminal conspiracy

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A person commits
an offense if, with intent that a capital felony or felony of the
first degree be committed, he requests, commands, or attempts to
induce another to engage in specific conduct that, under the
circumstances surrounding his conduct as the actor believes them to
be, would constitute the felony or make the other a party to its
commission.

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CRIMINAL SOLICITATION

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A person commits an offense if, with intent that an offense listed by
Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, be
committed, the person requests, commands, or attempts to induce a
minor to engage in specific conduct that, under the circumstances
surrounding the actor's conduct as the actor believes them to be,
would constitute an offense listed by Section 3g(a)(1), Article
42.12, or make the minor a party to the commission of an offense
listed by Section 3g(a)(1), Article 42.12.

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CRIMINAL SOLICITATION OF A MINOR

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anything, the possession, manufacture, or sale of which is
not otherwise an offense, that is specially designed, made, or
adapted for use in the commission of an offense.

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criminal instrument

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A
person commits an offense if:
(1) he possesses a criminal instrument with intent to
use it in the commission of an offense; or
(2) with knowledge of its character and with intent to
use or aid or permit another to use in the commission of an offense,
he manufactures, adapts, sells, installs, or sets up a criminal
instrument.

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UNLAWFUL USE OF CRIMINAL INSTRUMENT

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A person
commits criminal homicide if he intentionally, knowingly,
recklessly, or with criminal negligence causes the death of an
individual.

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TYPES OF CRIMINAL HOMICIDE

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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.

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MURDER

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A person commits an
offense if the person commits murder as defined under Section
19.02(b)(1) and:
(1) the person murders a peace officer or fireman who
is acting in the lawful discharge of an official duty and who the
person knows is a peace officer or fireman;
(2) the person intentionally commits the murder in the
course of committing or attempting to commit kidnapping, burglary,
robbery, aggravated sexual assault, arson, obstruction or
retaliation, or terroristic threat under Section 22.07(a)(1), (3),
(4), (5), or (6);
(3) the person commits the murder for remuneration or
the promise of remuneration or employs another to commit the murder
for remuneration or the promise of remuneration;
(4) the person commits the murder while escaping or
attempting to escape from a penal institution;
(5) the person, while incarcerated in a penal
institution, murders another:
(A) who is employed in the operation of the penal
institution; or
(B) with the intent to establish, maintain, or
participate in a combination or in the profits of a combination;
(6) the person:
(A) while incarcerated for an offense under this
section or Section 19.02, murders another; or
(B) while serving a sentence of life imprisonment
or a term of 99 years for an offense under Section 20.04, 22.021, or
29.03, murders another;
(7) the person murders more than one person:
(A) during the same criminal transaction; or
(B) during different criminal transactions but
the murders are committed pursuant to the same scheme or course of
conduct;
(8) the person murders an individual under six years
of age; or
(9) the person murders another person in retaliation
for or on account of the service or status of the other person as a
judge or justice of the supreme court, the court of criminal
appeals, a court of appeals, a district court, a criminal district
court, a constitutional county court, a statutory county court, a
justice court, or a municipal court.

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CAPITAL MURDER

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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.

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MANSLAUGHTER

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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

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CRIMINALLY NEGLIGENT HOMICIDE

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means to restrict a person's movements
without consent, so as to interfere substantially with the person's
liberty, by moving the person from one place to another or by
confining the person.

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Restrain

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means to restrain a person with intent to
prevent his liberation by:
(A) secreting or holding him in a place where he
is not likely to be found; or
(B) using or threatening to use deadly force.

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Abduct

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A person commits an
offense if he intentionally or knowingly restrains another person

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UNLAWFUL RESTRAINT

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A person commits an offense
if he intentionally or knowingly abducts another person.

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KIDNAPPING

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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.

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AGGRAVATED KIDNAPPING

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A person commits an
offense if the person for pecuniary benefit transports an
individual in a manner that:
(1) is designed to conceal the individual from local,
state, or federal law enforcement authorities; and
(2) creates a substantial likelihood that the
individual will suffer serious bodily injury or death.
(b) An offense under this section is a state jail felony.

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UNLAWFUL TRANSPORT

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means to transport, entice, recruit,
harbor, provide, or otherwise obtain another person by any means.

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Traffic

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person commits
an offense if the person:
(1) knowingly traffics another person with the intent
or knowledge that the trafficked person will engage in forced
labor or services; or
(2) intentionally or knowingly benefits from
participating in a venture that involves an activity described by
Subdivision (1), including by receiving labor or services the
person knows are forced labor or services.

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TRAFFICKING OF PERSONS

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any contact between any part of the genitals
of one person and the mouth or anus of another person; or
(B) the penetration of the genitals or the anus
of another person with an object.

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Deviate sexual intercourse

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means, except as provided by
Section 21.11, 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.

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Sexual contact

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means any penetration of the
female sex organ by the male sex organ.

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Sexual intercourse

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A person commits an offense if:
(1) during a period that is 30 or more days in
duration, the person commits two or more acts of sexual abuse,
regardless of whether the acts of sexual abuse are committed
against one or more victims; and
(2) at the time of the commission of each of the acts
of sexual abuse, the actor is 17 years of age or older and the victim
is a child younger than 14 years of age.

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CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR
CHILDREN.

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A person commits an
offense if he knowingly engages in any of the following acts in a
public place or, if not in a public place, he is reckless about
whether another is present who will be offended or alarmed by his:
(1) act of sexual intercourse;
(2) act of deviate sexual intercourse;
(3) act of sexual contact; or
(4) act involving contact between the person's mouth
or genitals and the anus or genitals of an animal or fowl.
(b) An offense under this section is a Class A misdemeanor.

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PUBLIC LEWDNESS

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A person commits an
offense if he exposes his anus or any part of his genitals with
intent to arouse or gratify the sexual desire of any person, and he
is reckless about whether another is present who will be offended or
alarmed by his act.
(b) An offense under this section is a Class B misdemeanor

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INDECENT EXPOSURE

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A person commits
an offense if, with a child younger than 17 years and not the
person's spouse, whether the child is of the same or opposite sex,
the person:
(1) engages in sexual contact with the child or causes
the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire
of any person:
It is an affirmative defense to prosecution under this
section that the actor:
(1) was not more than three years older than the victim
and of the opposite sex;

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INDECENCY WITH A CHILD

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means the following
acts, if committed with the intent to arouse or gratify the sexual
desire of any person:
(1) any touching by a person, including touching
through clothing, of the anus, breast, or any part of the genitals
of a child; or
(2) any touching of any part of the body of a child,
including touching through clothing, with the anus, breast, or any
part of the genitals of a person.

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sexual contact

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An employee of a public or private primary or
secondary school commits an offense if the employee engages in:
(1) sexual contact, sexual intercourse, or deviate
sexual intercourse with a person who is enrolled in a public or
private primary or secondary school at which the employee works and
who is not the employee's spouse; or
(2) conduct described by Section 33.021, with a person
described by Subdivision (1), regardless of the age of that person.
(b) An offense under this section is a felony of the second
degree.

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IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND
STUDENT

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A person commits an offense if the person:
(1) photographs or by videotape or other electronic
means records, broadcasts, or transmits a visual image of another
at a location that is not a bathroom or private dressing room:
(A) without the other person's consent; and
(B) with intent to arouse or gratify the sexual
desire of any person;

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IMPROPER PHOTOGRAPHY OR VISUAL RECORDING

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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.

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ASSAULT

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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;

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SEXUAL ASSAULT

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means a person younger than 17 years of age
who is not the spouse of the actor.

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Child

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A person commits an offense if, with intent to coerce,
induce, or solicit a child to actively participate in the
activities of a criminal street gang, the person:
(1) threatens the child with imminent bodily injury;
or
(2) causes bodily injury to the child.

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COERCING, SOLICITING, OR INDUCING GANG
MEMBERSHIP

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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.

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AGGRAVATED ASSAULT

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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;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.

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AGGRAVATED SEXUAL ASSAULT

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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.

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INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR
DISABLED INDIVIDUAL.

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means a person 14 years of age or younger, INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR
DISABLED INDIVIDUAL

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Child

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means a person 65 years of
age or older.

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Elderly individual

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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.

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Disabled individual

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means the illegal or improper use
of an individual or of the resources of the individual for monetary
or personal benefit, profit, or gain.

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Exploitation

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means to leave a child in any place without
providing reasonable and necessary care for the child, under
circumstances under which no reasonable, similarly situated adult
would leave a child of that age and ability.

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abandon

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A person commits an offense if he intentionally,
knowingly, recklessly, or with criminal negligence, by act or
omission, engages in conduct that places a child younger than 15
years in imminent danger of death, bodily injury, or physical or
mental impairment.

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ABANDONING OR ENDANGERING CHILD

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For purposes of Subsection (c), it is presumed that a
person engaged in conduct that places a child in imminent danger of
death, bodily injury, or physical or mental impairment if:
(1) the person manufactured, possessed, or in any way
introduced into the body of any person the controlled substance
methamphetamine in the presence of the child;
(2) the person's conduct related to the proximity or
accessibility of the controlled substance methamphetamine to the
child and an analysis of a specimen of the child's blood, urine, or
other bodily substance indicates the presence of methamphetamine in
the child's body; or
(3) the person injected, ingested, inhaled, or
otherwise introduced a controlled substance listed in Penalty Group
1, Section 481.102, Health and Safety Code, into the human body when
the person was not in lawful possession of the substance as defined
by Section 481.002(24) of that code.

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ABANDONING OR ENDANGERING CHILD

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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.

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DEADLY CONDUCT

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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.

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TERRORISTIC THREAT

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A person commits an
offense if, with intent to promote or assist the commission of
suicide by another, he aids or attempts to aid the other to commit
or attempt to commit suicide.

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AIDING SUICIDE

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LEAVING A CHILD IN A VEHICLE

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A person
commits an offense if he intentionally or knowingly leaves a child
in a motor vehicle for longer than five minutes, knowing that the
child is:
(1) younger than seven years of age; and
(2) not attended by an individual in the vehicle who is
14 years of age or older.

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INTERFERENCE WITH CHILD CUSTODY

Back 93

A person
commits an offense if the person takes or retains a child younger
than 18 years when the person:
(1) knows that the person's taking or retention
violates the express terms of a judgment or order, including a
temporary order, of a court disposing of the child's custody

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CRIMINAL NONSUPPORT

Back 94

An individual
commits an offense if the individual intentionally or knowingly
fails to provide support for the individual's child younger than 18
years of age, or for the individual's child who is the subject of a
court order requiring the individual to support the child.

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HARBORING RUNAWAY CHILD

Back 95

A person commits
an offense if he knowingly harbors a child and he is criminally
negligent about whether the child:
(1) is younger than 18 years; and
(2) has escaped from the custody of a peace officer, a
probation officer, the Texas Youth Council, or a detention facility
for children, or is voluntarily absent from the child's home
without the consent of the child's parent or guardian for a
substantial length of time or without the intent to return.

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Habitation

Back 96

a structure or vehicle that is
adapted for the overnight accommodation of persons and includes:
(A) each separately secured or occupied portion
of the structure or vehicle; and
(B) each structure appurtenant to or connected
with the structure or vehicle.

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Building

Back 97

any structure or enclosure
intended for use or occupation as a habitation or for some purpose
of trade, manufacture, ornament, or use.

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Property

Back 98

(A) real property;
(B) tangible or intangible personal property,
including anything severed from land; or
(C) a document, including money, that represents
or embodies anything of value.

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Vehicle

Back 99

any device in, on, or by which
any person or property is or may be propelled, moved, or drawn in
the normal course of commerce or transportation.

Front 100

Controlled burning

Back 100

the burning of unwanted
vegetation with the consent of the owner of the property on which
the vegetation is located and in such a manner that the fire is
controlled and limited to a designated area.

Front 101

Open-space land

Back 101

real property that is
undeveloped for the purpose of human habitation.

Front 102

ARSON

Back 102

A person commits an offense if the
person starts a fire, regardless of whether the fire continues
after ignition, or causes an explosion with intent to destroy or
damage:(1) any vegetation, fence, or structure on open-space
land; or
(2) any building, habitation, or vehicle:
(A) knowing that it is within the limits of an
incorporated city or town;
(B) knowing that it is insured against damage or
destruction;
(C) knowing that it is subject to a mortgage or
other security interest;
(D) knowing that it is located on property
belonging to another;
(E) knowing that it has located within it
property belonging to another; or
(F) when the person is reckless about whether the
burning or explosion will endanger the life of some individual or
the safety of the property of another.

Front 103

CRIMINAL MISCHIEF

Back 103

A person commits an
offense if, without the effective consent of the owner:
(1) he intentionally or knowingly damages or destroys
the tangible property of the owner;
(2) he intentionally or knowingly tampers with the
tangible property of the owner and causes pecuniary loss or
substantial inconvenience to the owner or a third person; or
(3) he intentionally or knowingly makes markings,
including inscriptions, slogans, drawings, or paintings, on the
tangible property of the owner.

Front 104

RECKLESS DAMAGE OR DESTRUCTION

Back 104

A person
commits an offense if, without the effective consent of the owner,
he recklessly damages or destroys property of the owner.

Front 105

AMOUNT OF PECUNIARY LOSS

Back 105

if the property is destroyed,
is:
(1) the fair market value of the property at the time
and place of the destruction; or
(2) if the fair market value of the property cannot be
ascertained, the cost of replacing the property within a reasonable
time after the destruction.

Front 106

INTERFERENCE WITH RAILROAD PROPERTY

Back 106

A person commits an offense if the person:
(1) throws an object or discharges a firearm or weapon
at a train or rail-mounted work equipment; or
(2) without the effective consent of the owner:
(A) enters or remains on railroad property,
knowing that it is railroad property;
(B) tampers with railroad property;
(C) places an obstruction on a railroad track or
right-of-way; or
(D) causes in any manner the derailment of a
train, railroad car, or other railroad property that moves on
tracks.

Front 107

Railroad property

Back 107

(A) a train, locomotive, railroad car, caboose,
work equipment, rolling stock, safety device, switch, or connection
that is owned, leased, operated, or possessed by a railroad; or
(B) a railroad track, rail, bridge, trestle, or
right-of-way owned or used by a railroad

Front 108

GRAFFITI

Back 108

A person commits an offense if,
without the effective consent of the owner, the person
intentionally or knowingly makes markings, including inscriptions,
slogans, drawings, or paintings, on the tangible property of the
owner with:
(1) aerosol paint;
(2) an indelible marker; or
(3) an etching or engraving device.

Front 109

In the course of committing theft

Back 109

means conduct
that occurs in an attempt to commit, during the commission, or in
immediate flight after the attempt or commission of theft.

Front 110

ROBBERY

Back 110

A person commits an offense if,
in the course of committing theft as defined in Chapter 31 and with
intent to obtain or maintain control of the property, he:
(1) intentionally, knowingly, or recklessly causes
bodily injury to another; or
(2) intentionally or knowingly threatens or places
another in fear of imminent bodily injury or death.

Front 111

AGGRAVATED ROBBERY

Back 111

A person commits an
offense if he commits robbery as defined in Section 29.02, and he:
(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon; or
(3) causes bodily injury to another person or
threatens or places another person in fear of imminent bodily
injury or death, if the other person is:
(A) 65 years of age or older; or
(B) a disabled person.

Front 112

BURGLARY.

Back 112

A person commits an offense if,
without the effective consent of the owner, the person:
(1) enters a habitation, or a building (or any portion
of a building) not then open to the public, with intent to commit a
felony, theft, or an assault; or
(2) remains concealed, with intent to commit a felony,
theft, or an assault, in a building or habitation; or
(3) enters a building or habitation and commits or
attempts to commit a felony, theft, or an assault.

Front 113

enter

Back 113

means to intrude:
(1) any part of the body; or
(2) any physical object connected with the body.

Front 114

BURGLARY OF COIN-OPERATED OR COIN COLLECTION
MACHINES

Back 114

A person commits an offense if, without the
effective consent of the owner, he breaks or enters into any
coin-operated machine, coin collection machine, or other
coin-operated or coin collection receptacle, contrivance,
apparatus, or equipment used for the purpose of providing lawful
amusement, sales of goods, services, or other valuable things, or
telecommunications with intent to obtain property or services

Front 115

BURGLARY OF VEHICLES

Back 115

A person commits an
offense if, without the effective consent of the owner, he breaks
into or enters a vehicle or any part of a vehicle with intent to
commit any felony or theft.

Front 116

CRIMINAL TRESPASS

Back 116

A person commits an
offense if he enters or remains on or in property, including an
aircraft or other vehicle, of another without effective consent or
he enters or remains in a building of another without effective
consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.

Front 117

Notice

Back 117

(A) oral or written communication by the owner or
someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously
designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at
the entrance to the building, reasonably likely to come to the
attention of intruders, indicating that entry is forbidden;
(D) the placement of identifying purple paint
marks on trees or posts on the property, provided that the marks
are:
(i) vertical lines of not less than eight
inches in length and not less than one inch in width;
(ii) placed so that the bottom of the mark
is not less than three feet from the ground or more than five feet
from the ground; and
(iii) placed at locations that are readily
visible to any person approaching the property and no more than:
(a) 100 feet apart on forest land; or
(b) 1,000 feet apart on land other
than forest land; or
(E) the visible presence on the property of a
crop grown for human consumption that is under cultivation, in the
process of being harvested, or marketable if harvested at the time
of entry.

Front 118

TRESPASS BY HOLDER OF LICENSE TO CARRY
CONCEALED HANDGUN.

Back 118

A license holder commits an offense if the
license holder:
(1) carries a handgun under the authority of
Subchapter H, Chapter 411, Government Code, on property of another
without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder
with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed
handgun was forbidden and failed to depart.

Front 119

Deception

Back 119

creating or confirming by words or conduct a
false impression of law or fact that is likely to affect the
judgment of another in the transaction, and that the actor does not
believe to be true;
(B) failing to correct a false impression of law
or fact that is likely to affect the judgment of another in the
transaction, that the actor previously created or confirmed by
words or conduct, and that the actor does not now believe to be
true;

Front 120

Deprive

Back 120

(A) to withhold property from the owner
permanently or for so extended a period of time that a major portion
of the value or enjoyment of the property is lost to the owner;
(B) to restore property only upon payment of
reward or other compensation; or
(C) to dispose of property in a manner that makes
recovery of the property by the owner unlikely.

Front 121

THEFT

Back 121

A person commits an offense if he
unlawfully appropriates property with intent to deprive the owner
of property.

Front 122

Class C misdemeanor

Back 122

if the value of the property
stolen is less than:
(A) $50; or
(B) $20 and the defendant obtained the property
by issuing or passing a check or similar sight order in a manner
described by Section 31.06;

Front 123

Class B misdemeanor

Back 123

the value of the property stolen is:
(i) $50 or more but less than $500; or
(ii) $20 or more but less than $500 and the
defendant obtained the property by issuing or passing a check or
similar sight order in a manner described by Section 31.06;

Front 124

Class A misdemeanor

Back 124

if the value of the property
stolen is $500 or more but less than $1,500;

Front 125

state jail felony

Back 125

the value of the property stolen is $1,500 or
more but less than $20,000, or the property is less than 10 head of
cattle, horses, or exotic livestock or exotic fowl as defined by
Section 142.001, Agriculture Code, or any part thereof under the
value of $20,000, or less than 100 head of sheep, swine, or goats or
any part thereof under the value of $20,000;
(B) regardless of value, the property is stolen
from the person of another or from a human corpse or grave;
(C) the property stolen is a firearm, as defined
by Section 46.01;
(D) the value of the property stolen is less than
$1,500 and the defendant has been previously convicted two or more
times of any grade of theft;

Front 126

felony of the third degree

Back 126

if the value of the
property stolen is $20,000 or more but less than $100,000

Front 127

felony of the second degree

Back 127

if the value of the
property stolen is $100,000 or more but less than $200,000;

Front 128

felony of the first degree

Back 128

if the value of the
property stolen is $200,000 or more.

Front 129

theft
of service

Back 129

A person commits if, with intent to avoid payment for service that he
knows is provided only for compensation:
(1) he intentionally or knowingly secures performance
of the service by deception, threat, or false token;
(2) having control over the disposition of services of
another to which he is not entitled, he intentionally or knowingly
diverts the other's services to his own benefit or to the benefit of
another not entitled to them;
(3) having control of personal property under a
written rental agreement, he holds the property beyond the
expiration of the rental period without the effective consent of
the owner of the property, thereby depriving the owner of the
property of its use in further rentals; or
(4) he intentionally or knowingly secures the
performance of the service by agreeing to provide compensation and,
after the service is rendered, fails to make payment after
receiving notice demanding payment.

Front 130

THEFT OF TRADE SECRETS

Back 130

A person commits an offense if, without the owner's
effective consent, he knowingly:
(1) steals a trade secret;
(2) makes a copy of an article representing a trade
secret; or
(3) communicates or transmits a trade secret

Front 131

PRESUMPTION FOR THEFT BY CHECK

Back 131

If the
actor obtained property or secured performance of service by
issuing or passing a check or similar sight order for the payment of
money, when the issuer did not have sufficient funds in or on
deposit with the bank or other drawee for the payment in full of the
check or order as well as all other checks or orders then
outstanding, it is prima facie evidence of his intent to deprive the
owner of property under Section 31.03

Front 132

UNAUTHORIZED USE OF A VEHICLE

Back 132

A person
commits an offense if he intentionally or knowingly operates
another's boat, airplane, or motor-propelled vehicle without the
effective consent of the owner.

Front 133

TAMPERING WITH IDENTIFICATION NUMBERS

Back 133

A
person commits an offense if the person:
(1) knowingly or intentionally removes, alters, or
obliterates the serial number or other permanent identification
marking on tangible personal property; or
(2) possesses, sells, or offers for sale tangible
personal property and:
(A) the actor knows that the serial number or
other permanent identification marking has been removed, altered,
or obliterated

Front 134

THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO
OR INFORMATION SERVICES

Back 134

A person commits an offense if,
without the authorization of the multichannel video or information
services provider, the person intentionally or knowingly:
(1) makes or maintains a connection, whether
physically, electrically, electronically, or inductively, to:
(A) a cable, wire, or other component of or media
attached to a multichannel video or information services system

Front 135

Forge

Back 135

to alter, make, complete, execute, or
authenticate any writing so that it purports:
(i) to be the act of another who did not
authorize that act;
(ii) to have been executed at a time or
place or in a numbered sequence other than was in fact the case; or
(iii) to be a copy of an original when no
such original existed;
(B) to issue, transfer, register the transfer of,
pass, publish, or otherwise utter a writing that is forged within
the meaning of Paragraph (A); or
(C) to possess a writing that is forged within
the meaning of Paragraph (A) with intent to utter it in a manner
specified in Paragraph (B).

Front 136

FORGERY

Back 136

A person commits an offense if he forges a writing with
intent to defraud or harm another

Front 137

CRIMINAL SIMULATION

Back 137

A person commits an
offense if, with intent to defraud or harm another:
(1) he makes or alters an object, in whole or in part,
so that it appears to have value because of age, antiquity, rarity,
source, or authorship that it does not have;
(2) he possesses an object so made or altered, with
intent to sell, pass, or otherwise utter it; or
(3) he authenticates or certifies an object so made or
altered as genuine or as different from what it is.

Front 138

STEALING OR RECEIVING STOLEN CHECK OR SIMILAR
SIGHT ORDER

Back 138

A person commits an offense if the person steals
an unsigned check or similar sight order or, with knowledge that an
unsigned check or similar sight order has been stolen, receives the
check or sight order with intent to use it, to sell it, or to
transfer it to a person other than the person from whom the check or
sight order was stolen.

Front 139

CREDIT CARD OR DEBIT CARD ABUSE

Back 139

A person commits an offense if:
(1) with intent to obtain a benefit fraudulently, he
presents or uses a credit card or debit card with knowledge that:
(A) the card, whether or not expired, has not
been issued to him and is not used with the effective consent of the
cardholder; or
(B) the card has expired or has been revoked or
cancelled;
(2) with intent to obtain a benefit, he uses a
fictitious credit card or debit card or the pretended number or
description of a fictitious card;
(3) he receives a benefit that he knows has been
obtained in violation of this section;

Front 140

ISSUANCE OF BAD CHECK

Back 140

A person commits
an offense if he issues or passes a check or similar sight order for
the payment of money knowing that the issuer does not have
sufficient funds in or on deposit with the bank or other drawee for
the payment in full of the check or order as well as all other checks
or orders outstanding at the time of issuance.

Front 141

FRAUDULENT DESTRUCTION, REMOVAL, OR
CONCEALMENT OF WRITING

Back 141

A person commits an offense if, with
intent to defraud or harm another, he destroys, removes, conceals,
alters, substitutes, or otherwise impairs the verity, legibility,
or availability of a writing, other than a governmental record.
(b) For purposes of this section, "writing" includes:
(1) printing or any other method of recording
information;
(2) money, coins, tokens, stamps, seals, credit cards,
badges, trademarks;
(3) symbols of value, right, privilege, or
identification; and
(4) universal product codes, labels, price tags, or
markings on goods.

Front 142

DECEPTIVE PREPARATION AND MARKETING OF ACADEMIC
PRODUCT

Back 142

A person commits an offense if, with intent to make a
profit, the person prepares, sells, offers or advertises for sale,
or delivers to another person an academic product when the person
knows, or should reasonably have known, that a person intends to
submit or use the academic product to satisfy an academic
requirement of a person other than the person who prepared the
product.

Front 143

FRAUDULENT USE OR POSSESSION OF IDENTIFYING
INFORMATION.

Back 143

A person commits an offense if the person, with intent
to harm or defraud another, obtains, possesses, transfers, or uses
identifying information of:
(1) another person without the other person's consent;
or
(2) a child younger than 18 years of age

Front 144

Identifying information

Back 144

means information that
alone or in conjunction with other information identifies a person,
including a person's:
(A) name and social security number, date of
birth, or government-issued identification number;
(B) unique biometric data, including the
person's fingerprint, voice print, or retina or iris image;
(C) unique electronic identification number,
address, routing code, or financial institution account number; and
(D) telecommunication identifying information or
access device.

Front 145

BRIBERY

Back 145

A person commits an offense if
he intentionally or knowingly offers, confers, or agrees to confer
on another, or solicits, accepts, or agrees to accept from another:
(1) any benefit as consideration for the recipient's
decision, opinion, recommendation, vote, or other exercise of
discretion as a public servant, party official, or voter;
(2) any benefit as consideration for the recipient's
decision, vote, recommendation, or other exercise of official
discretion in a judicial or administrative proceeding;
(3) any benefit as consideration for a violation of a
duty imposed by law on a public servant or party official

Front 146

COERCION OF PUBLIC SERVANT OR VOTER

Back 146

A
person commits an offense if by means of coercion he:
(1) influences or attempts to influence a public
servant in a specific exercise of his official power or a specific
performance of his official duty or influences or attempts to
influence a public servant to violate the public servant's known
legal duty; or
(2) influences or attempts to influence a voter not to
vote or to vote in a particular manner.

Front 147

IMPROPER INFLUENCE

Back 147

A person commits an
offense if he privately addresses a representation, entreaty,
argument, or other communication to any public servant who
exercises or will exercise official discretion in an adjudicatory
proceeding with an intent to influence the outcome of the
proceeding on the basis of considerations other than those
authorized by law.

Front 148

TAMPERING WITH WITNESS

Back 148

a) A person commits
an offense if, with intent to influence the witness, he offers,
confers, or agrees to confer any benefit on a witness or prospective
witness in an official proceeding or coerces a witness or
prospective witness in an official proceeding:
(1) to testify falsely;
(2) to withhold any testimony, information, document,
or thing;
(3) to elude legal process summoning him to testify or
supply evidence;
(4) to absent himself from an official proceeding to
which he has been legally summoned; or
(5) to abstain from, discontinue, or delay the
prosecution of another.

Front 149

OBSTRUCTION OR RETALIATION

Back 149

A person
commits an offense if he intentionally or knowingly harms or
threatens to harm another by an unlawful act:
(1) in retaliation for or on account of the service or
status of another as a:
(A) public servant, witness, prospective
witness, or informant; or
(B) person who has reported or who the actor
knows intends to report the occurrence of a crime; or
(2) to prevent or delay the service of another as a:
(A) public servant, witness, prospective
witness, or informant; or
(B) person who has reported or who the actor
knows intends to report the occurrence of a crime

Front 150

ACCEPTANCE OF HONORARIUM

Back 150

A public
servant commits an offense if the public servant solicits, accepts,
or agrees to accept an honorarium in consideration for services
that the public servant would not have been requested to provide but
for the public servant's official position or duties.

Front 151

OFFERING GIFT TO PUBLIC SERVANT

Back 151

A person
commits an offense if he offers, confers, or agrees to confer any
benefit on a public servant that he knows the public servant is
prohibited by law from accepting.

Front 152

PERJURY

Back 152

A person commits an offense if,
with intent to deceive and with knowledge of the statement's
meaning:
(1) he makes a false statement under oath or swears to
the truth of a false statement previously made and the statement is
required or authorized by law to be made under oath; or
(2) he makes a false unsworn declaration under Chapter
132, Civil Practice and Remedies Code.

Front 153

AGGRAVATED PERJURY

Back 153

A person commits an
offense if he commits perjury as defined in Section 37.02, and the
false statement:
(1) is made during or in connection with an official
proceeding; and
(2) is material.

Front 154

MATERIALITY

Back 154

A statement is material,
regardless of the admissibility of the statement under the rules of
evidence, if it could have affected the course or outcome of the
official proceeding.

Front 155

FALSE REPORT TO PEACE OFFICER OR LAW
ENFORCEMENT EMPLOYEE

Back 155

A person commits an offense if, with
intent to deceive, he knowingly makes a false statement that is
material to a criminal investigation and makes the statement to:
(1) a peace officer conducting the investigation; or
(2) any employee of a law enforcement agency that is
authorized by the agency to conduct the investigation and that the
actor knows is conducting the investigation.

Front 156

FALSE REPORT REGARDING MISSING CHILD OR
MISSING PERSON

Back 156

A person commits an offense if, with intent
to deceive, the person knowingly:
(1) files a false report of a missing child or missing
person with a law enforcement officer or agency; or
(2) makes a false statement to a law enforcement
officer or other employee of a law enforcement agency relating to a
missing child or missing person.

Front 157

TAMPERING WITH OR FABRICATING PHYSICAL
EVIDENCE

Back 157

A person commits an offense if, knowing that an
investigation or official proceeding is pending or in progress, he:
(1) alters, destroys, or conceals any record,
document, or thing with intent to impair its verity, legibility, or
availability as evidence in the investigation or official
proceeding; or
(2) makes, presents, or uses any record, document, or
thing with knowledge of its falsity and with intent to affect the
course or outcome of the investigation or official proceeding

Front 158

TAMPERING WITH GOVERNMENTAL RECORD

Back 158

(a) A
person commits an offense if he:
(1) knowingly makes a false entry in, or false
alteration of, a governmental record;
(2) makes, presents, or uses any record, document, or
thing with knowledge of its falsity and with intent that it be taken
as a genuine governmental record;
(3) intentionally destroys, conceals, removes, or
otherwise impairs the verity, legibility, or availability of a
governmental record;
(4) possesses, sells, or offers to sell a governmental
record or a blank governmental record form with intent that it be
used unlawfully;
(5) makes, presents, or uses a governmental record
with knowledge of its falsity; or
(6) possesses, sells, or offers to sell a governmental
record or a blank governmental record form with knowledge that it
was obtained unlawfully.

Front 159

IMPERSONATING PUBLIC SERVANT

Back 159

a) A person
commits an offense if he:
(1) impersonates a public servant with intent to
induce another to submit to his pretended official authority or to
rely on his pretended official acts; or
(2) knowingly purports to exercise any function of a
public servant or of a public office, including that of a judge and
court, and the position or office through which he purports to
exercise a function of a public servant or public office has no
lawful existence under the constitution or laws of this state or of
the United States.

Front 160

FALSE IDENTIFICATION AS PEACE OFFICER;
MISREPRESENTATION OF PROPERTY.

Back 160

A person commits an offense
if:
(1) the person makes, provides to another person, or
possesses a card, document, badge, insignia, shoulder emblem, or
other item bearing an insignia of a law enforcement agency that
identifies a person as a peace officer or a reserve law enforcement
officer; and
(2) the person who makes, provides, or possesses the
item bearing the insignia knows that the person so identified by the
item is not commissioned as a peace officer or reserve law
enforcement officer as indicated on the item.

Front 161

Custody

Back 161

means:
(A) under arrest by a peace officer or under
restraint by a public servant pursuant to an order of a court of
this state or another state of the United States; or
(B) under restraint by an agent or employee of a
facility that is operated by or under contract with the United
States and that confines persons arrested for, charged with, or
convicted of criminal offenses.

Front 162

Escape

Back 162

means unauthorized departure from
custody or failure to return to custody following temporary leave
for a specific purpose or limited period or leave that is part of an
intermittent sentence, but does not include a violation of
conditions of community supervision or parole other than conditions
that impose a period of confinement in a secure correctional
facility.

Front 163

FAILURE TO IDENTIFY

Back 163

A person commits an
offense if he intentionally refuses to give his name, residence
address, or date of birth to a peace officer who has lawfully
arrested the person and requested the information.
(b) A person commits an offense if he intentionally gives a
false or fictitious name, residence address, or date of birth to a
peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the
peace officer has good cause to believe is a witness to a criminal
offense.

Front 164

RESISTING ARREST, SEARCH, OR TRANSPORTATION

Back 164

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.

Front 165

EVADING ARREST OR DETENTION

Back 165

A person
commits an offense if he intentionally flees from a person he knows
is a peace officer attempting lawfully to arrest or detain him.

Front 166

HINDERING APPREHENSION OR PROSECUTION

Back 166

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.

Front 167

ESCAPE

Back 167

A person commits an offense if he
escapes from custody when he is:
(1) under arrest 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.

Front 168

PERMITTING OR FACILITATING ESCAPE

Back 168

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.

Front 169

IMPLEMENTS FOR ESCAPE

Back 169

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.

Front 170

BAIL JUMPING AND FAILURE TO APPEAR

Back 170

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.

Front 171

IMPROPER CONTACT WITH VICTIM

Back 171

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,

Front 172

HINDERING PROCEEDINGS BY DISORDERLY CONDUCT

Back 172

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.

Front 173

TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE
OFFICER, PAROLE OFFICER, OR COMMUNITY SUPERVISION AND CORRECTIONS
DEPARTMENT OFFICER

Back 173

A person commits an offense if the person intentionally
or knowingly and with force takes or attempts to take from a peace
officer, parole officer, or community supervision and corrections
department officer the officer's firearm, nightstick, stun gun, or
personal protection chemical dispensing device with the intention
of harming the officer or a third person.
(c) The actor is presumed to have known that the peace
officer, parole officer, or community supervision and corrections
department officer was a peace officer, parole officer, or
community supervision and corrections department officer if the
officer was wearing a distinctive uniform or badge indicating his
employment, or if the officer identified himself as a peace
officer, parole officer, or community supervision and corrections
department officer.

Front 174

INTERFERENCE WITH PUBLIC DUTIES

Back 174

A person
commits an offense if the person with criminal negligence
interrupts, disrupts, impedes, or otherwise interferes with:
(1) a peace officer while the peace officer is
performing a duty or exercising authority imposed or granted by
law;
(2) a person who is employed to provide emergency
medical services including the transportation of ill or injured
persons while the person is performing that duty;
(3) a fire fighter, while the fire fighter is fighting
a fire or investigating the cause of a fire;
(4) an animal under the supervision of a peace
officer, corrections officer, or jailer, if the person knows the
animal is being used for law enforcement, corrections, prison or
jail security, or investigative purposes;
(5) the transmission of a communication over a
citizen's band radio channel, the purpose of which communication is
to inform or inquire about an emergency;
(6) an officer with responsibility for animal control
in a county or municipality, while the officer is performing a duty
or exercising authority imposed or granted under Chapter 821 or
822, Health and Safety Code;

Front 175

INTERFERENCE WITH POLICE SERVICE ANIMALS

Back 175

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

Front 176

PREVENTING EXECUTION OF CIVIL PROCESS

Back 176

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.

Front 177

FAILURE TO STOP OR REPORT AGGRAVATED SEXUAL
ASSAULT OF CHILD.

Back 177

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.

Front 178

FAILURE TO REPORT FELONY

Back 178

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.

Front 179

ABUSE OF OFFICIAL CAPACITY

Back 179

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.

Front 180

OFFICIAL OPPRESSION

Back 180

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.