Chapter 8 Penal Code 37-49, 71
PC 42.02 Riot - MDB Same offense - furtherance or result of assembly
Means the assemblage of seven or more persons resulting in conduct which knowingly: 1. creates an immediate danger of damage to property or injury to persons; 2. substantially obstructs law enforcement or other governmental functions or services; or 3. by force, threat of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right. It is NO defense to prosecution under this section that another who was a party to the riot has been acquitted, has not been arrested, prosecuted, or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution.
PC 42.061 Silent or Abusive Calls to 9-1-1 Service - MDB
A person commits an offense if the person makes a call to a 9-1-1 service, or requests 9-1-1 service using an electronic communications device, when there is not an emergency and knowingly or intentionally: 1. Remains silent 2. makes abusive or harassing statements to a PSAP employee. Knowingly permits an electronic communications device, including a telephone, under the person's control to be used by another person
PC 38.11 Prohibited Substances and Items in Correctional Facility - F3
A person commits an offense if the person provides, or possesses in a correctional facility: 1. an alcoholic beverage, controlled substance, or dangerous drug 2. a deadly weapon 3. a cellular telephone 4. money to a person 5. cigarette or tobacco
PC 37.02 Perjury - MDA
A person commits an offense if, with intent to deceive and with knowledge of the statement's meaning: 1. makes a false statement under oath or swears to the truth of a false statement 2. makes a false unsworn declaration .
PC 42.05 Disrupting Meeting or Procession - MDB
A person commits an offense if, with intent to prevent, disrupt, obstructs, interferes a lawful meeting, procession, or gathering, or gathering by physical action or verbal utterance.
Punishment for PC 37.10 Tampering with Governmental Record if establishing the residency of the learner in a school district
Class C Misdemeanor
Punishment for PC 38.02 Failure to Identify if intentionally REFUSED
Class C Misdemeanor
PC 38.17 Failure to Stop or Report Aggravated Sexual Assault of Child - MDA
Other than a person who has a relationship with a child, commits an offense if the actor: 1. observes the commission or attempted commission of an offense 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. fails to assist the child or immediately report the commission of the offense to a peace officer 3. 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
Punishment for PC 39.02 Abuse of Official Capacity for using government property
(Same as theft punishments)
Punishment for PC 38.06 Escape SERIOUS BODILY INJURY or uses a DEADLY WEAPON
1st Degree Felony
Punishment for PC 37.10 Tampering with Governmental Record if report was a -medical, chemical, toxicological, ballistic -search warrant issued by a magistrate -certification, inspection, or maintenance record
2nd Degree Felony
Punishment for PC 38.04 Evading Arrest or Detention if another suffers DEATH OR SERIOUS BODILY INJURY
2nd Degree Felony
Punishment for PC 38.06 Escape causes bodily injury
2nd Degree Felony
Punishment for PC 38.151 Interference with Police Service Animals if killing OR permanently injuring a service animal
2nd Degree Felony
Punishment for PC 37.03 Aggravated Perjury
3rd Degree Felony
Punishment for PC 37.10 Tampering with Governmental Record a -public school record -false entry or alteration, destroys, conceals, removes or impairs, possesses, sells, or offers to sell government records -makes, present, or uses government record AND the defendant is CONVICTED
3rd Degree Felony
Punishment for PC 37.11 Impersonating Public Servant
3rd Degree Felony
Punishment for PC 38.03 Resisting Arrest, Search, or Transportation if uses a deadly weapon
3rd Degree Felony
Punishment for PC 38.04 Evading Arrest or Detention if: -Uses vehicle -Another suffers bodily injury -Uses tire deflation device
3rd Degree Felony
Punishment for PC 38.05 Hindering Apprehension or Prosecution if the person who is harbored or concealed is convicted of a FELONY
3rd Degree Felony
Punishment for PC 38.06 Escape if convicted with a felony OR detained in secure correctional facility
3rd Degree Felony
Punishment for PC 38.11 Prohibited Substances and Items in Correctional Facility
3rd Degree Felony
Punishment for PC 38.14 Taking or Attempting to Take Weapon from Peace Officer if actually TAKES the weapon
3rd Degree Felony
Punishment for PC 39.06 Misuse of Official Information
3rd Degree Felony
PC 38.15 Interference with Public Duties - MDB
A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with: 1. a peace officer while performing a duty 2. EMS including the transportation of ill or injured 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 5. the transmission of a communication 6. an officer with responsibility for animal control
PC 37.11 Impersonating Public Servant - F3
A person commits an offense if the person: 1. impersonates a public servant with intent to induce another to submit under their impeding authority 2. knowingly purports to exercise, without legal authority, any function of a public servant or of a public office, including judge and court.
PC 38.171 Failure to Report a Felony - MDA
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.
PC 42.055 Funeral Service Disruptions - MDB
A person commits an offense if, during the period beginning three hours before the service begins and ending three hours after the service is completed AND within 1,000 feet facility or cemetery being used for a funeral service, the person engages in: 1. standing, sitting, or repeated walking, riding, driving, or other similar action by a person displaying or carrying a banner, placard, or sign; 2. engaging in loud singing, chanting, whistling, or yelling, with or without noise amplification through a device such as a bullhorn or microphone; or 3. blocking access to a facility or cemetery being used for a funeral service.
PC 37.09 Tampering with or Fabrication Physical Evidence - F3 F2 - human corpse involved MDA - fails to report human corpse
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 2. makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent to affect the course or outcome
PC 37.08 False Report to Peace Officer, Federal Special Investigator, or Law Enforcement Employee - MDB
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. peace officer or federal special investigator 2. employee of a law enforcement agency 3. corrections officer or jailer.
PC 37.081 False Report Regarding Missing Child or Missing Person - MDC
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 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.
Punishment for PC 37.10 Tampering with Governmental Record is a -written appraisal filed with an appraisal review board -defendant is convicted of presenting or using the record
Class B Misdemeanor
Punishment for PC 37.12 False Identification as Peace Officer, Misrepresentation of Property
Class B Misdemeanor
Punishment for PC 38.02 Failure to Identify if intentionally -FALSE or FICTITIOUS information -FUGITIVE AND REFUSES name at the time of offense
Class B Misdemeanor
Punishment for PC 38.15 Interference with Public Duties
Class B Misdemeanor
Punishment for PC 38.151 Interference with Police Service Animals if throws an object or substance
Class B Misdemeanor
Punishment for PC 42.01 Disorderly Conduct if displays OR discharges firearm/deadly weapon
Class B Misdemeanor
Punishment for PC 42.02 Riot
Class B Misdemeanor
Punishment for PC 42.03 Obstructing Highway or Other Passageway
Class B Misdemeanor
Punishment for PC 42.05 Disrupting Meeting or Procession
Class B Misdemeanor
Punishment for PC 42.055 Funeral Service Disruptions
Class B Misdemeanor
Punishment for PC 42.061 Silent or Abusive Calls to 9-1-1 Service
Class B Misdemeanor
Punishment for PC 42.07 Harassment
Class B Misdemeanor
Punishment for PC 38.151 Interference with Police Service Animals if taunt, torment, or strikes?
Class C Misdemeanor
Punishment for PC 39.06 Misuse of Official Information as a public servant, including as a school administrator, coerces another into suppressing or failing to report that information to a law enforcement agency
Class C Misdemeanor
Punishment for PC 42.01 Disorderly Conduct
Class C Misdemeanor
EXCEPTION to PC 37.12 False Identification as Peace Officer, Misrepresentation of Property
Decorative purposes or in an artistic or dramatic presentation.
PC 38.04 Evading Arrest or Detention - MDA F2 - death or SBI F3 - vehicle/tire deflation SJF - convicted once
Flees from a peace officer or federal special investigator attempting lawfully to arrest or detain him.
Punishment for PC 42.02 Riot if in the furtherance of the purpose OR as a result of the assembly
Same classification as any offense of a higher grade
DEFENSE to prosecution to PC 38.15 Interference with Public Duties
1. Defendant was intended to warn a person operating a motor vehicle of the presence of a peace officer 2. Consisted of speech only.
AFFIRMATIVE DEFENSE to PC 38.11 Prohibited Substances and Items in Correctional Facility
1. Clergy with rights and privileges granted of a religious ritual or ceremony requiring the presence or consumption of an alcoholic beverage 2. Takes 4 ounces or less of an alcoholic beverage and consumes all of the alcoholic beverage
PC 38.05 Hindering Apprehension or Prosecution - MDA F3 - Convicted felony
1. A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, 2. Under the authority of a warrant: a. harbors or conceals the other. b. provides or aids in providing the other with any means of avoiding arrest c. warns the other of impending discovery or apprehension
PC 42.062 Interference with Emergency Request for Assistance - MDA SFJ - convicted before
1. An individual commits an offense if the individual knowingly prevents or interferes with another individual's ability to place an emergency call or to request assistance, including a request for assistance using an electronic communications device, in an emergency from a law enforcement agency, medical facility, or other agency or entity the primary purpose of which is to provide for the safety of individuals. 2. An individual commits an offense if the individual recklessly renders unusable an electronic communications device, including a telephone, that would otherwise be used by another individual to place an emergency call or to request assistance in an emergency from a law enforcement agency, medical facility, or other agency or entity the primary purpose of which is to provide for the safety of individuals.
PC 42.01 Disorderly Conduct - MDC MDB - display/discharge firearm weapon
A person commits an offense if he intentionally or knowingly in a public place: 1. uses abusive, indecent, profane, or vulgar language by its very utterance tends to incite an immediate breach of the peace 2. makes an offensive gesture or display and the gesture or display tends to incite an immediate breach of the peace 3. creates, by chemical means, a noxious and unreasonable odor 4. abuses or threatens a person in an obviously offensive manner; 5. than a sport shooting range, or in or near a private residence that he has no right to occupy 6. fights with another in public 7. discharges a firearm other than a public road or a sport shooting range 8. displays a firearm or other deadly weapon a manner calculated to alarm 9. discharges a firearm on or across a public road 10. exposes his anus or genitals and is reckless about whether another may be present who will be offended or alarmed by his act 11. for a lewd or unlawful purpose: a. enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling; b. while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room c. while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.
PC 38.03 Resisting Arrest, Search, or Transportation - MDA F3 - used deadly weapon
A person commits an offense if he intentionally prevents or obstructs a peace officer's from effecting an arrest, search, or transportation of the actor or another by using force. -It is no defense to prosecution under this section that the arrest or search was unlawful.
PC 38.02 Failure to Identify MDB - False or fictitous MDC - Refused
A person commits an offense if he intentionally refuses or falsely give his name, residence address, or date of birth to a peace officer who has lawfully 1. arrested 2. detained 3. witness to a criminal offense
PC 42.06 False Alarm or Report - MDA SJF - school/public
A person commits an offense if he knowingly initiates, communicates or circulates a report of a present, past, or future bombing, fire, offense, or other emergency that he knows is false or baseless and that would ordinarily: 1 .cause action by an official or volunteer agency organized to deal with emergencies; 2. place a person in fear of imminent serious bodily injury; or 3. prevent or interrupt the occupation of a building, room, place of assembly, place to which the public has access, or aircraft, automobile, or other mode of conveyance.
PC 37.10 Tampering with Governmental Record - MDA F2 - Search warrant/Defraud or harm another F3 - Destroy/Conceal/Sell SJF - Defraud or Harm MDB- appraisal/convicted of presenting MDC - residency of learner
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 or obtained unlawfully. 5. intend to defraud or harm another if the person acts with respect to two or more of the same type of governmental record form is a license, certificate, permit, seal, title, or similar document issued by government.
PC 38.151 Interference with Police Service Animals F2 - death or permanent injury SFJ - injury MDA - interferes/restricts/releases MDB - throws object/substance MDC - taunt, torment, strikes
A person commits an offense if the person RECKLESSLY at a police service animal: 1. taunts, torments, or strikes 2. throws an object or substance 3. interferes with or obstructs animal or handler a. inhibits or restricts the handler's or rider's control b. deprives the handler or rider of control 4. releases animal from its area of control. 5. enters the area of control without the effective consent, including placing food or any other object or substance into that area. 6. injures or kills 7. engages in conduct likely to injure or kill a police service animal, including administering or setting a poison, trap, or any other object or substance.
PC 38.06 Escape - MDA F1 - SBI or deadly weapon F2 - bodily injury F3 - convicted felon or detained
A person commits an offense if the person escapes from custody when the person is: 1. under arrest for, lawfully detained for, charged with, or convicted of an offense. 2. in custody pursuant to a lawful order of a court. 3. detained in a secure detention facility 4. in the custody of a juvenile probation officer
PC 38.14 Taking or Attempting to Take Weapon from Peace Officer F3 - takes SJF - attempts
A person commits an offense if the person intentionally or knowingly and with force takes or attempts to take from a peace officer or official's firearm, nightstick, stun gun, or personal protection chemical dispensing device.
PC 42.07 Harassment - MDB MDA - convicted before/sends repeated messages and under 18
A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person: 1. initiates communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene; 2. threatens, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of the person's family or household, or the person's property; 3. conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury; 4. causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend 5. makes a telephone call and intentionally fails to hang up or disengage the connection; 6. knowingly permits a telephone under the person's control to be used by another to commit an offense under this section; or 7. sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another.
PC 42.03 Obstructing Highway or Other Passageway - MDB
A person commits an offense if, without legal privilege or authority, he intentionally, knowingly, or recklessly: 1. obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles, or conveyances, regardless of the means of creating the obstruction and whether the obstruction arises from his acts alone or from his acts and the acts of others 2. disobeys a reasonable request or order to move issued by a person the actor knows to be or is informed is a peace officer, a fireman, or a person with authority to control the use of the premises: a. to prevent obstruction of a highway or any of those areas b. to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard.
PC 37.12 False Identification as Peace Officer, Misrepresentation of Property - MDB
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, including a vehicle, bearing an insignia of a law enforcement agency that identifies a person as a peace officer 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 A person commits an offense if the person intentionally or knowingly misrepresents an object, including a vehicle, as property belonging to a law enforcement agency
PC 39.03 Oppression - MDA F3- impair data to TEA
A public servant acting under color of his office or employment commits an offense if he intentionally: 1. subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful. 2. denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful 3. subjects another to sexual harassment.
PC 39.06 Misuse of Official Information - F3 MDC - coerces or failing to report
A public servant commits an offense if, in reliance on information to which the public servant has access by virtue of the person's office or employment and that has not been made public, the person: 1. acquires or aids another to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected by the information. 2. speculates or aids another to speculate on the basis of the information; or 3. Including as a school administrator, coerces another into suppressing or failing to report that information to a law enforcement agency. A public servant commits an offense if with intent to obtain a benefit or with intent to harm or defraud another, solicits or receives from a public servant information or discloses or uses information for a nongovernmental purpose that: 1. he has access to by means of his office or employment; AND has not been made public.
PC 39.02 Abuse of Official Capacity - MDA (Same as theft punishments) - misuses government property
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 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.
PC 37.04 Materiality
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.
Punishment for PC 37.09 Tampering with or Fabrication Physical Evidence if person fails to report location of human corpse
Class A Misdemeanor
Punishment for PC 37.10 Tampering with Governmental Record
Class A Misdemeanor
Punishment for PC 38.02 Failure to Identify if was a FUGITIVE AND gives FALSE/FICTOUS name at the time of offense
Class A Misdemeanor
Punishment for PC 38.03 Resisting Arrest, Search, or Transportation
Class A Misdemeanor
Punishment for PC 38.04 Evading Arrest or Detention
Class A Misdemeanor
Punishment for PC 38.05 Hindering Apprehension or Prosecution
Class A Misdemeanor
Punishment for PC 38.06 Escape
Class A Misdemeanor
Punishment for PC 38.13 Hindering Proceedings by Disorderly Conduct
Class A Misdemeanor
Punishment for PC 38.151 Interference with Police Service Animals if: -Interfere or obstructs service animal and handler -Inhibits, restricts, or deprives -Releases a service animal from its area of control
Class A Misdemeanor
Punishment for PC 38.17 Failure to Stop or Report Aggravated Sexual Assault of Child?
Class A Misdemeanor
Punishment for PC 38.171 Failure to Report a Felony
Class A Misdemeanor
Punishment for PC 39.02 Abuse of Official Capacity
Class A Misdemeanor
Punishment for PC 39.03 Oppression
Class A Misdemeanor
Punishment for PC 42.06 False Alarm or Report
Class A Misdemeanor
Punishment for PC 42.062 Interference with Emergency Request for Assistance
Class A Misdemeanor
DEFENSE to prosecution to PC 42.01 Disorderly Conduct to discharging a firearm in a public place
Had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal
PC 38.13 Hindering Proceedings by Disorderly Conduct - MDA
Hinders an official proceeding by noise or violent or tumultuous behavior or disturbance and continues after explicit official request to desist.
PC 37.03 Aggravated Perjury - F3
Perjury AND 1. made during or in connection with an official proceeding 2. is material.
Punishment for PC 37.10 Tampering with Governmental Record if intent to DEFRAUD or HARM
State Jail Felony
Punishment for PC 38.04 Evading Arrest or Detention if convicted before
State Jail Felony
Punishment for PC 38.14 Taking or Attempting to Take Weapon from Peace Officer if ATTEMPTED to take
State Jail Felony
Punishment for PC 38.151 Interference with Police Service Animals if injuring a service animal
State Jail Felony
Punishment for PC 42.06 False Alarm or Report is of an emergency involving a public school, public communications, public transportation, or other public service
State Jail Felony
Does NOT apply to PC 42.01 Disorderly Conduct
Student younger than 12 years of age, and the prohibited conduct occurred at a public school campus during regular school hours.
DEFENSE to prosecution to PC 37.10 Tampering with Governmental Record
That the false entry or false information could have no effect on the government's purpose for requiring the governmental record.
EXCEPTION to PC 37.10 Tampering with Governmental Record
That the governmental record is destroyed pursuant to legal authorization or transferred
AFFIRMATIVE DEFENSE to PC 37.10 Tampering with Governmental Record
That the possession occurred in the actual discharge of official duties as a public servant.
NOT a defense to prosecution to PC 37.10 Tampering with Governmental Record
That the record, document, or thing made, presented, or used displays or contains the statement "NOT A GOVERNMENT DOCUMENT"
DEFENSE to prosecution to PC 37.09 Tampering with or Fabrication Physical Evidence
That the record, document, or thing was visual material prohibited that was destroyed
DEFENSE to prosecution to PC 38.05 Hindering Apprehension or Prosecution
That the warning was given in connection with an effort to bring another into compliance with the law.
DEFENSE to prosecution to PC 42.01 Disorderly Conduct to abuse or threatens a person in a public place
The actor had significant provocation for his abusive or threatening conduct.
DEFENSE to prosecution to PC 38.14 Taking or Attempting to Take Weapon from Peace Officer
The defendant took or attempted to take the weapon from the officer who was using force against the defendant or another in excess of the amount of force permitted by law
