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PENAL CODE
TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES
Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally
or knowingly:
(1) uses abusive, indecent, profane, or vulgar language in a public place, and the
language by its very utterance tends to incite an immediate breach of the peace;
(2) makes an offensive gesture or display in a public place, and the gesture or display
tends to incite an immediate breach of the peace;
(3) creates, by chemical means, a noxious and unreasonable odor in a public place;
(4) abuses or threatens a person in a public place in an obviously offensive manner;
(5) makes unreasonable noise in a public place other than a sport shooting range, as
defined by Section 250.001, Local Government Code, or in or near a private residence
That he has no right to occupy;
(6) fights with another in a public place;
(7) discharges a firearm in a public place other than a public road or a sport shooting
range, as defined by Section 250.001, Local Government Code;
(8) displays a firearm or other deadly weapon in a public place in a manner calculated
to alarm;
(9) discharges a firearm on or across a public road;
(10) exposes his anus or genitals in a public place and is reckless about whether
another may be present who will be offended or alarmed by his act; or
(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; or
(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.
(b) It is a defense to prosecution under Subsection (a)(4) That the actor had significant
provocation for his abusive or threatening conduct.
(c) For purposes of this section:
(1) an act is deemed to occur in a public place or near a private residence if it produces
its offensive or proscribed consequences in the public place or near a private residence;
and
(2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85
after the person making the noise receives notice from a magistrate or peace officer
That the noise is a public nuisance.
(d) An offense under this section is a Class C misdemeanor unless committed under
Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.
(e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) That
the person who discharged the firearm had a reasonable fear of bodily injury to the
person or to another by a dangerous wild animal as defined by Section 822.101, Health
and Safety Code.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977,
65th Leg., p. 181, ch. 89, Sec. 1, 2, eff. Aug. 29, 1977; Acts 1983, 68th Leg., p. 4641,
ch. 800, Sec. 1, eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 145, Sec. 2, eff. Aug. 26,
1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th
Leg., ch. 318, Sec. 14, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 54, Sec. 4, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 389, Sec. 1, eff. Sept. 1, 2003.
Sec. 42.02. RIOT. (a) For the purpose of this section, "riot" means the assemblage of
seven or more persons resulting in conduct which:
(1) creates an immediate danger of damage to property or injury to persons;
(2) substantially obstructs law enforcement or other governmental functions or services;
or
(3) by force, threat of force, or physical action deprives any person of a legal right or
disturbs any person in the enjoyment of a legal right.
(b) A person commits an offense if he knowingly participates in a riot.
(c) It is a defense to prosecution under this section That the assembly was at first
lawful and when one of those assembled manifested an intent to engage in conduct
enumerated in Subsection (a), the actor retired from the assembly.
(d) It is no defense to prosecution under this section That another who was a party to
the riot has been acquitted, has not been arrested, prosecuted, or convicted, has been
convicted of a different offense or of a different type or class of offense, or is immune
from prosecution.
(e) Except as provided in Subsection (f), an offense under this section is a Class B
misdemeanor.
(f) An offense under this section is an offense of the same classification as any offense
of a higher grade committed by anyone engaged in the riot if the offense was:
(1) in the furtherance of the purpose of the assembly; or
(2) an offense which should have been anticipated as a result of the assembly.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 42.03. OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY. (a) 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; or
(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 mentioned in Subdivision
(1); or
(B) to maintain public safety by dispersing those gathered in dangerous proximity to a
fire, riot, or other hazard.
(b) For purposes of this section, "obstruct" means to render impassable or to render
passage unreasonably inconvenient or hazardous.
(c) An offense under this section is a Class B misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 42.04. DEFENSE WHEN CONDUCT CONSISTS OF SPEECH OR OTHER EXPRESSION.
(a) If conduct That would otherwise violate Section 42.01(a)(5) (Unreasonable Noise),
42.03 (Obstructing Passageway), or 42.055 (Funeral Service Disruptions) consists of
speech or other communication, of gathering with others to hear or observe such speech
or communication, or of gathering with others to picket or otherwise express in a
nonviolent manner a position on social, economic, political, or religious questions, the
actor must be ordered to move, disperse, or otherwise remedy the violation prior to his
arrest if he has not yet intentionally harmed the interests of others which those sections
seek to protect.
(b) The order required by this section may be given by a peace officer, a fireman, a
person with authority to control the use of the premises, or any person directly affected
by the violation.
(c) It is a defense to prosecution under Section 42.01(a)(5), 42.03, or 42.055:
(1) That in circumstances in which this section requires an order no order was given;
(2) That an order, if given, was manifestly unreasonable in scope; or
(3) That an order, if given, was promptly obeyed.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2006, 79th Leg., 3rd C.S., ch. 2,
Sec. 2, eff. May 19, 2006.
Sec. 42.05. DISRUPTING MEETING OR PROCESSION. (a) A person commits an offense
if, with intent to prevent or disrupt a lawful meeting, procession, or gathering, he
obstructs or interferes with the meeting, procession, or gathering by physical action or
verbal utterance.
(b) An offense under this section is a Class B misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 42.055. FUNERAL SERVICE DISRUPTIONS. (a) In this section:
(1) "Facility" means a building at which any portion of a funeral service takes place,
including a funeral parlor, mortuary, private home, or established place of worship.
(2) "Funeral service" means a ceremony, procession, or memorial service, including a
wake or viewing, held in connection with the burial or cremation of the dead.
(3) "Picketing" means:
(A) standing, sitting, or repeated walking, riding, driving, or other similar action by a
person displaying or carrying a banner, placard, or sign;
(B) engaging in loud singing, chanting, whistling, or yelling, with or without noise
amplification through a device such as a bullhorn or microphone; or
(C) blocking access to a facility or cemetery being used for a funeral service.
(b) A person commits an offense if, during the period beginning one hour before the
service begins and ending one hour after the service is completed, the person engages
in picketing within 500 feet of a facility or cemetery being used for a funeral service.
(c) An offense under this section is a Class B misdemeanor.
Added by Acts 2006, 79th Leg., 3rd C.S., ch. 2, Sec. 1, eff. May 19, 2006.
Sec. 42.06. FALSE ALARM OR REPORT. (a) A person commits an offense if he knowingly
initiates, communicates or circulates a report of a present, past, or future bombing, fire,
offense, or other emergency That he knows is false or baseless and That would
ordinarily:
(1) cause action by an official or volunteer agency organized to deal with emergencies;
(2) place a person in fear of imminent serious bodily injury; or
(3) prevent or interrupt the occupation of a building, room, place of assembly, place to
which the public has access, or aircraft, automobile, or other mode of conveyance.
(b) An offense under this section is a Class A misdemeanor unless the false report is of
an emergency involving a public primary or secondary school, public communications,
public transportation, public water, gas, or power supply or other public service, in which
event the offense is a state jail felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979,
66th Leg., p. 1114, ch. 530, Sec. 4, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994.
Sec. 42.061. SILENT OR ABUSIVE CALLS TO 9-1-1 SERVICE. (a) In this section "9-1-1
service" and "public safety answering point" or "PSAP" have the meanings assigned by
Section 772.001, Health and Safety Code.
(b) A person commits an offense if the person makes a telephone call to 9-1-1 when
there is not an emergency and knowingly or intentionally:
(1) remains silent; or
(2) makes abusive or harassing statements to a PSAP employee.
(c) A person commits an offense if the person knowingly permits a telephone under the
person's control to be used by another person in a manner described in Subsection (b).
(d) An offense under this section is a Class B misdemeanor.
Added by Acts 1989, 71st Leg., ch. 582, Sec. 1, eff. Sept. 1, 1989. Amended by Acts
1991, 72nd Leg., ch. 14, Sec. 284(2), eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994.
Sec. 42.062. INTERFERENCE WITH EMERGENCY TELEPHONE CALL. (a) An individual
commits an offense if the individual knowingly prevents or interferes with another
individual's ability to place an emergency telephone 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.
(b) An individual commits an offense if the individual recklessly renders unusable a
telephone That would otherwise be used by another individual to place an emergency
telephone call or to request assistance in an emergency from a law enforcement agency,
medical facility, or other agency or entity the primary purpose of which is to provide for
the safety of individuals.
(c) An offense under this section is a Class A misdemeanor, except That the offense is
a state jail felony if the actor has previously been convicted under this section.
(d) In this section, "emergency" means a condition or circumstance in which any
individual is or is reasonably believed by the individual making a telephone call to be in
fear of imminent assault or in which property is or is reasonably believed by the
individual making the telephone call to be in imminent danger of damage or destruction.
Added by Acts 2001, 77th Leg., ch. 690, Sec. 1, eff. Sept. 1, 2001. Amended by Acts
2003, 78th Leg., ch. 460, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1164,
Sec. 1, eff. Sept. 1, 2003.
Sec. 42.07. HARASSMENT. (a) A person commits an offense if, with intent to harass,
annoy, alarm, abuse, torment, or embarrass another, he:
(1) initiates communication by telephone, in writing, or by electronic communication and
in the course of the communication makes a comment, request, suggestion, or proposal
That is obscene;
(2) threatens, by telephone, in writing, or by electronic communication, 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 his family or household,
or his 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 another;
(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.
(b) In this section:
(1) "Electronic communication" means a transfer of signs, signals, writing, images,
sounds, data, or intelligence of any nature transmitted in whole or in part by a wire,
radio, electromagnetic, photoelectronic, or photo-optical system. The term includes:
(A) a communication initiated by electronic mail, instant message, network call, or
facsimile machine; and
(B) a communication made to a pager.
(2) "Family" and "household" have the meaning assigned by Chapter 71, Family Code.
(3) "Obscene" means containing a patently offensive description of or a solicitation to
commit an ultimate sex act, including sexual intercourse, masturbation, cunnilingus,
fellatio, or anilingus, or a description of an excretory function.
(c) An offense under this section is a Class B misdemeanor, except That the offense is
a Class A misdemeanor if the actor has previously been convicted under this section.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983,
68th Leg., p. 2204, ch. 411, Sec. 1, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 10,
Sec. 1, eff. March 19, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,
1994; Acts 1995, 74th Leg., ch. 657, Sec. 1, eff. June 14, 1995; Acts 1999, 76th Leg.,
ch. 62, Sec. 15.02(d), eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1222, Sec. 1, eff.
Sept. 1, 2001.
Sec. 42.072. STALKING. (a) A person commits an offense if the person, on more than
one occasion and pursuant to the same scheme or course of conduct That is directed
specifically at another person, knowingly engages in conduct, including following the
other person, That:
(1) the actor knows or reasonably believes the other person will regard as threatening:
(A) bodily injury or death for the other person;
(B) bodily injury or death for a member of the other person's family or household; or
(C) That an offense will be committed against the other person's property;
(2) causes the other person or a member of the other person's family or household to
be placed in fear of bodily injury or death or fear That an offense will be committed
against the other person's property; and
(3) would cause a reasonable person to fear:
(A) bodily injury or death for himself or herself;
(B) bodily injury or death for a member of the person's family or household; or
(C) That an offense will be committed against the person's property.
(b) An offense under this section is a felony of the third degree, except That the
offense is a felony of the second degree if the actor has previously been convicted
under this section.
(c) In this section, "family," "household," and "member of a household" have the
meanings assigned by Chapter 71, Family Code.
Added by Acts 1997, 75th Leg., ch. 1, Sec. 1, eff. Jan. 28, 1997. Amended by Acts
1999, 76th Leg., ch. 62, Sec. 15.02(e), eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch.
1222, Sec. 2, eff. Sept. 1, 2001.
Sec. 42.08. ABUSE OF CORPSE. (a) A person commits an offense if the person, without
legal authority, knowingly:
(1) disinters, disturbs, damages, dissects, in whole or in part, carries away, or treats in
an offensive manner a human corpse;
(2) conceals a human corpse knowing it to be illegally disinterred;
(3) sells or buys a human corpse or in any way traffics in a human corpse;
(4) transmits or conveys, or procures to be transmitted or conveyed, a human corpse to
a place outside the state; or
(5) vandalizes, damages, or treats in an offensive manner the space in which a human
corpse has been interred or otherwise permanently laid to rest.
(b) An offense under this section is a Class A misdemeanor.
(c) In this section, "human corpse" includes:
(1) any portion of a human corpse;
(2) the cremated remains of a human corpse; or
(3) any portion of the cremated remains of a human corpse.
(d) If conduct constituting an offense under this section also constitutes an offense
under another section of this code, the actor may be prosecuted under either section or
both sections.
(e) It is a defense to prosecution under this section That the actor:
(1) as a member or agent of a cemetery organization, removed or damaged anything
That had been placed in or on any portion of the organization's cemetery in violation of
the rules of the organization; or
(2) removed anything:
(A) placed in the cemetery in violation of the rules of the cemetery organization; or
(B) placed in the cemetery by or with the cemetery organization's consent but That, in
the organization's judgment, had become wrecked, unsightly, or dilapidated.
(f) In this section, "cemetery" and "cemetery organization" have the meanings
assigned by Section 711.001, Health and Safety Code.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from
V.T.C.A., Penal Code Sec. 42.10 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994. Amended by Acts 2005, 79th Leg., ch. 1025, Sec. 1, eff. June 18, 2005.
Sec. 42.09. CRUELTY TO ANIMALS. (a) A person commits an offense if the person
intentionally or knowingly:
(1) tortures an animal;
(2) fails unreasonably to provide necessary food, care, or shelter for an animal in the
person's custody;
(3) abandons unreasonably an animal in the person's custody;
(4) transports or confines an animal in a cruel manner;
(5) kills, seriously injures, or administers poison to an animal, other than cattle,
horses, sheep, swine, or goats, belonging to another without legal authority or the
owner's effective consent;
(6) causes one animal to fight with another;
(7) uses a live animal as a lure in dog race training or in dog coursing on a racetrack;
(8) trips a horse;
(9) injures an animal, other than cattle, horses, sheep, swine, or goats, belonging to
another without legal authority or the owner's effective consent; or
(10) seriously overworks an animal.
(b) It is a defense to prosecution under this section That the actor was engaged in
bona fide experimentation for scientific research.
(c) For purposes of this section:
(1) "Abandon" includes abandoning an animal in the person's custody without making
reasonable arrangements for assumption of custody by another person.
(2) "Animal" means a domesticated living creature and wild living creature previously
captured. "Animal" does not include an uncaptured wild creature or a wild creature whose
capture was accomplished by conduct at issue under this section.
(3) "Cruel manner" includes a manner That causes or permits unjustified or
unwarranted pain or suffering.
(4) "Custody" includes responsibility for the health, safety, and welfare of an animal
subject to the person's care and control, regardless of ownership of the animal.
(5) "Necessary food, care, or shelter" includes food, care, or shelter provided to the
extent required to maintain the animal in a state of good health.
(6) "Trip" means to use an object to cause a horse to fall or lose its balance.
(d) An offense under Subsection (a)(2), (3), (4), (9), or (10) is a Class A
misdemeanor, except That the offense is a state jail felony if the person has previously
been convicted two times under this section.
(e) It is a defense to prosecution under Subsection (a)(5) That the animal was
discovered on the person's property in the act of or immediately after injuring or killing
the person's goats, sheep, cattle, horses, swine, or poultry and That the person killed or
injured the animal at the time of this discovery.
(f) It is a defense to prosecution under Subsection (a)(8) That the actor tripped the
horse for the purpose of identifying the ownership of the horse or giving veterinary care
to the horse.
(g) It is a defense to prosecution for an offense under this section That the person had
a reasonable fear of bodily injury to the person or to another by a dangerous wild
animal as defined by Section 822.101, Health and Safety Code.
(h) It is an exception to the application of this section That the conduct engaged in by
the actor is a generally accepted and otherwise lawful:
(1) use of an animal if That use occurs solely for the purpose of:
(A) fishing, hunting, or trapping; or
(B) wildlife control as regulated by state and federal law; or
(2) animal husbandry or farming practice involving livestock.
(i) An offense under Subsection (a)(1), (5), (6), (7), or (8) is a state jail felony, except
That the offense is a felony of the third degree if the person has previously been
convicted two times under this section.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975,
64th Leg., p. 917, ch. 342, Sec. 12, eff. Sept. 1, 1975; Acts 1985, 69th Leg., ch. 549,
Sec. 1, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 78, Sec. 1, eff. Aug. 26, 1991.
Renumbered from V.T.C.A., Penal Code Sec. 42.11 and amended by Acts 1993, 73rd
Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 318,
Sec. 15, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1283, Sec. 1, eff. Sept. 1, 1997;
Acts 2001, 77th Leg., ch. 54, Sec. 3, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 450,
Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1275, Sec. 2(116), eff. Sept. 1,
2003.
Sec. 42.091. ATTACK ON ASSISTANCE ANIMAL. (a) A person commits an offense if the
person intentionally, knowingly, or recklessly attacks, injures, or kills an assistance
animal.
(b) A person commits an offense if the person intentionally, knowingly, or recklessly
incites or permits an animal owned by or otherwise in the custody of the actor to attack,
injure, or kill an assistance animal and, as a result of the person's conduct, the
assistance animal is attacked, injured, or killed.
(c) An offense under this section is a:
(1) Class A misdemeanor if the actor or an animal owned by or otherwise in the custody
of the actor attacks an assistance animal;
(2) state jail felony if the actor or an animal owned by or otherwise in the custody of the
actor injures an assistance animal; or
(3) felony of the third degree if the actor or an animal owned by or otherwise in the
custody of the actor kills an assistance animal.
(d) A court shall order a defendant convicted of an offense under Subsection (a) to
make restitution to the owner of the assistance animal for:
(1) related veterinary or medical bills;
(2) the cost of:
(A) replacing the assistance animal; or
(B) retraining an injured assistance animal by an organization generally recognized by
agencies involved in the rehabilitation of persons with disabilities as reputable and
competent to provide special equipment for or special training to an animal to help a
person with a disability; and
(3) any other expense reasonably incurred as a result of the offense.
(e) In this section:
(1) "Assistance animal" has the meaning assigned by Section 121.002, Human
Resources Code.
(2) "Custody" has the meaning assigned by Section 42. 09.
Added by Acts 2003, 78th Leg., ch. 710, Sec. 2, eff. Sept. 1, 2003.
Sec. 42.10. DOG FIGHTING. (a) A person commits an offense if he intentionally or
knowingly:
(1) causes a dog to fight with another dog;
(2) for a pecuniary benefit causes a dog to fight with another dog;
(3) participates in the earnings of or operates a facility used for dog fighting;
(4) uses or permits another to use any real estate, building, room, tent, arena, or
other property for dog fighting;
(5) owns or trains a dog with the intent That the dog be used in an exhibition of dog
fighting; or
(6) attends as a spectator an exhibition of dog fighting.
(b) In this section, "dog fighting" means any situation in which one dog attacks or
fights with another dog.
(c) A conviction under Subdivision (2), (3), or (4) of Subsection (a) may be had upon
the uncorroborated testimony of a party to the offense.
(d) It is a defense to prosecution under Subdivision (1) or (2) of Subsection (a) That
the actor caused a dog to fight with another dog to protect livestock, other property, or a
person from the other dog, and for no other purpose.
(e) An offense under Subdivision (1) or (5) of Subsection (a) is a Class A
misdemeanor. An offense under Subdivision (2), (3), or (4) of Subsection (a) is a state
jail felony. An offense under Subdivision (6) of Subsection (a) is a Class C
misdemeanor.
Added by Acts 1983, 68th Leg., p. 1610, ch. 305, Sec. 1, eff. Sept. 1, 1983.
Renumbered from V.T.C.A., Penal Code Sec. 42.111 and amended by Acts 1993, 73rd
Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 42.11. DESTRUCTION OF FLAG. (a) A person commits an offense if the person
intentionally or knowingly damages, defaces, mutilates, or burns the flag of the United
States or the State of Texas.
(b) In this section, "flag" means an emblem, banner, or other standard or a copy of an
emblem, standard, or banner That is an official or commonly recognized depiction of the
flag of the United States or of this state and is capable of being flown from a staff of
any character or size. The term does not include a representation of a flag on a written
or printed document, a periodical, stationery, a painting or photograph, or an article of
clothing or jewelry.
(c) It is an exception to the application of this section That the act That would otherwise
constitute an offense is done in conformity with statutes of the United States or of this
state relating to the proper disposal of damaged flags.
(d) An offense under this section is a Class A misdemeanor.
Added by Acts 1989, 71st Leg., 1st C.S., ch. 27, Sec. 1, eff. Sept. 1, 1989.
Renumbered from V.T.C.A., Penal Code Sec. 42.14 by Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994.
Sec. 42.12. DISCHARGE OF FIREARM IN CERTAIN MUNICIPALITIES. (a) A person
commits an offense if the person recklessly discharges a firearm inside the corporate
limits of a municipality having a population of 100,000 or more.
(b) An offense under this section is a Class A misdemeanor.
(c) If conduct constituting an offense under this section also constitutes an offense
under another section of this code, the person may be prosecuted under either section.
(d) Subsection (a) does not affect the authority of a municipality to enact an ordinance
which prohibits the discharge of a firearm.
Added by Acts 1995, 74th Leg., ch. 663, Sec. 1, eff. Sept. 1, 1995.
Sec. 42.13. USE OF LASER POINTERS. (a) A person commits an offense if the person
knowingly directs a light from a laser pointer at a uniformed safety officer, including a
peace officer, security guard, firefighter, emergency medical service worker, or other
uniformed municipal, state, or federal officer.
(b) In this section, "laser pointer" means a device That emits a visible light amplified
by the stimulated emission of radiation.
(c) An offense under this section is a Class C misdemeanor.
Added by Acts 2003, 78th Leg., ch. 467, Sec. 1, eff. Sept. 1, 2003.
TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES
Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally
or knowingly:
(1) uses abusive, indecent, profane, or vulgar language in a public place, and the
language by its very utterance tends to incite an immediate breach of the peace;
(2) makes an offensive gesture or display in a public place, and the gesture or display
tends to incite an immediate breach of the peace;
(3) creates, by chemical means, a noxious and unreasonable odor in a public place;
(4) abuses or threatens a person in a public place in an obviously offensive manner;
(5) makes unreasonable noise in a public place other than a sport shooting range, as
defined by Section 250.001, Local Government Code, or in or near a private residence
That he has no right to occupy;
(6) fights with another in a public place;
(7) discharges a firearm in a public place other than a public road or a sport shooting
range, as defined by Section 250.001, Local Government Code;
(8) displays a firearm or other deadly weapon in a public place in a manner calculated
to alarm;
(9) discharges a firearm on or across a public road;
(10) exposes his anus or genitals in a public place and is reckless about whether
another may be present who will be offended or alarmed by his act; or
(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; or
(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.
(b) It is a defense to prosecution under Subsection (a)(4) That the actor had significant
provocation for his abusive or threatening conduct.
(c) For purposes of this section:
(1) an act is deemed to occur in a public place or near a private residence if it produces
its offensive or proscribed consequences in the public place or near a private residence;
and
(2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85
after the person making the noise receives notice from a magistrate or peace officer
That the noise is a public nuisance.
(d) An offense under this section is a Class C misdemeanor unless committed under
Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.
(e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) That
the person who discharged the firearm had a reasonable fear of bodily injury to the
person or to another by a dangerous wild animal as defined by Section 822.101, Health
and Safety Code.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977,
65th Leg., p. 181, ch. 89, Sec. 1, 2, eff. Aug. 29, 1977; Acts 1983, 68th Leg., p. 4641,
ch. 800, Sec. 1, eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 145, Sec. 2, eff. Aug. 26,
1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th
Leg., ch. 318, Sec. 14, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 54, Sec. 4, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 389, Sec. 1, eff. Sept. 1, 2003.
Sec. 42.02. RIOT. (a) For the purpose of this section, "riot" means the assemblage of
seven or more persons resulting in conduct which:
(1) creates an immediate danger of damage to property or injury to persons;
(2) substantially obstructs law enforcement or other governmental functions or services;
or
(3) by force, threat of force, or physical action deprives any person of a legal right or
disturbs any person in the enjoyment of a legal right.
(b) A person commits an offense if he knowingly participates in a riot.
(c) It is a defense to prosecution under this section That the assembly was at first
lawful and when one of those assembled manifested an intent to engage in conduct
enumerated in Subsection (a), the actor retired from the assembly.
(d) It is no defense to prosecution under this section That another who was a party to
the riot has been acquitted, has not been arrested, prosecuted, or convicted, has been
convicted of a different offense or of a different type or class of offense, or is immune
from prosecution.
(e) Except as provided in Subsection (f), an offense under this section is a Class B
misdemeanor.
(f) An offense under this section is an offense of the same classification as any offense
of a higher grade committed by anyone engaged in the riot if the offense was:
(1) in the furtherance of the purpose of the assembly; or
(2) an offense which should have been anticipated as a result of the assembly.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 42.03. OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY. (a) 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; or
(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 mentioned in Subdivision
(1); or
(B) to maintain public safety by dispersing those gathered in dangerous proximity to a
fire, riot, or other hazard.
(b) For purposes of this section, "obstruct" means to render impassable or to render
passage unreasonably inconvenient or hazardous.
(c) An offense under this section is a Class B misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 42.04. DEFENSE WHEN CONDUCT CONSISTS OF SPEECH OR OTHER EXPRESSION.
(a) If conduct That would otherwise violate Section 42.01(a)(5) (Unreasonable Noise),
42.03 (Obstructing Passageway), or 42.055 (Funeral Service Disruptions) consists of
speech or other communication, of gathering with others to hear or observe such speech
or communication, or of gathering with others to picket or otherwise express in a
nonviolent manner a position on social, economic, political, or religious questions, the
actor must be ordered to move, disperse, or otherwise remedy the violation prior to his
arrest if he has not yet intentionally harmed the interests of others which those sections
seek to protect.
(b) The order required by this section may be given by a peace officer, a fireman, a
person with authority to control the use of the premises, or any person directly affected
by the violation.
(c) It is a defense to prosecution under Section 42.01(a)(5), 42.03, or 42.055:
(1) That in circumstances in which this section requires an order no order was given;
(2) That an order, if given, was manifestly unreasonable in scope; or
(3) That an order, if given, was promptly obeyed.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2006, 79th Leg., 3rd C.S., ch. 2,
Sec. 2, eff. May 19, 2006.
Sec. 42.05. DISRUPTING MEETING OR PROCESSION. (a) A person commits an offense
if, with intent to prevent or disrupt a lawful meeting, procession, or gathering, he
obstructs or interferes with the meeting, procession, or gathering by physical action or
verbal utterance.
(b) An offense under this section is a Class B misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 42.055. FUNERAL SERVICE DISRUPTIONS. (a) In this section:
(1) "Facility" means a building at which any portion of a funeral service takes place,
including a funeral parlor, mortuary, private home, or established place of worship.
(2) "Funeral service" means a ceremony, procession, or memorial service, including a
wake or viewing, held in connection with the burial or cremation of the dead.
(3) "Picketing" means:
(A) standing, sitting, or repeated walking, riding, driving, or other similar action by a
person displaying or carrying a banner, placard, or sign;
(B) engaging in loud singing, chanting, whistling, or yelling, with or without noise
amplification through a device such as a bullhorn or microphone; or
(C) blocking access to a facility or cemetery being used for a funeral service.
(b) A person commits an offense if, during the period beginning one hour before the
service begins and ending one hour after the service is completed, the person engages
in picketing within 500 feet of a facility or cemetery being used for a funeral service.
(c) An offense under this section is a Class B misdemeanor.
Added by Acts 2006, 79th Leg., 3rd C.S., ch. 2, Sec. 1, eff. May 19, 2006.
Sec. 42.06. FALSE ALARM OR REPORT. (a) A person commits an offense if he knowingly
initiates, communicates or circulates a report of a present, past, or future bombing, fire,
offense, or other emergency That he knows is false or baseless and That would
ordinarily:
(1) cause action by an official or volunteer agency organized to deal with emergencies;
(2) place a person in fear of imminent serious bodily injury; or
(3) prevent or interrupt the occupation of a building, room, place of assembly, place to
which the public has access, or aircraft, automobile, or other mode of conveyance.
(b) An offense under this section is a Class A misdemeanor unless the false report is of
an emergency involving a public primary or secondary school, public communications,
public transportation, public water, gas, or power supply or other public service, in which
event the offense is a state jail felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979,
66th Leg., p. 1114, ch. 530, Sec. 4, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994.
Sec. 42.061. SILENT OR ABUSIVE CALLS TO 9-1-1 SERVICE. (a) In this section "9-1-1
service" and "public safety answering point" or "PSAP" have the meanings assigned by
Section 772.001, Health and Safety Code.
(b) A person commits an offense if the person makes a telephone call to 9-1-1 when
there is not an emergency and knowingly or intentionally:
(1) remains silent; or
(2) makes abusive or harassing statements to a PSAP employee.
(c) A person commits an offense if the person knowingly permits a telephone under the
person's control to be used by another person in a manner described in Subsection (b).
(d) An offense under this section is a Class B misdemeanor.
Added by Acts 1989, 71st Leg., ch. 582, Sec. 1, eff. Sept. 1, 1989. Amended by Acts
1991, 72nd Leg., ch. 14, Sec. 284(2), eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994.
Sec. 42.062. INTERFERENCE WITH EMERGENCY TELEPHONE CALL. (a) An individual
commits an offense if the individual knowingly prevents or interferes with another
individual's ability to place an emergency telephone 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.
(b) An individual commits an offense if the individual recklessly renders unusable a
telephone That would otherwise be used by another individual to place an emergency
telephone call or to request assistance in an emergency from a law enforcement agency,
medical facility, or other agency or entity the primary purpose of which is to provide for
the safety of individuals.
(c) An offense under this section is a Class A misdemeanor, except That the offense is
a state jail felony if the actor has previously been convicted under this section.
(d) In this section, "emergency" means a condition or circumstance in which any
individual is or is reasonably believed by the individual making a telephone call to be in
fear of imminent assault or in which property is or is reasonably believed by the
individual making the telephone call to be in imminent danger of damage or destruction.
Added by Acts 2001, 77th Leg., ch. 690, Sec. 1, eff. Sept. 1, 2001. Amended by Acts
2003, 78th Leg., ch. 460, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1164,
Sec. 1, eff. Sept. 1, 2003.
Sec. 42.07. HARASSMENT. (a) A person commits an offense if, with intent to harass,
annoy, alarm, abuse, torment, or embarrass another, he:
(1) initiates communication by telephone, in writing, or by electronic communication and
in the course of the communication makes a comment, request, suggestion, or proposal
That is obscene;
(2) threatens, by telephone, in writing, or by electronic communication, 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 his family or household,
or his 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 another;
(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.
(b) In this section:
(1) "Electronic communication" means a transfer of signs, signals, writing, images,
sounds, data, or intelligence of any nature transmitted in whole or in part by a wire,
radio, electromagnetic, photoelectronic, or photo-optical system. The term includes:
(A) a communication initiated by electronic mail, instant message, network call, or
facsimile machine; and
(B) a communication made to a pager.
(2) "Family" and "household" have the meaning assigned by Chapter 71, Family Code.
(3) "Obscene" means containing a patently offensive description of or a solicitation to
commit an ultimate sex act, including sexual intercourse, masturbation, cunnilingus,
fellatio, or anilingus, or a description of an excretory function.
(c) An offense under this section is a Class B misdemeanor, except That the offense is
a Class A misdemeanor if the actor has previously been convicted under this section.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983,
68th Leg., p. 2204, ch. 411, Sec. 1, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 10,
Sec. 1, eff. March 19, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,
1994; Acts 1995, 74th Leg., ch. 657, Sec. 1, eff. June 14, 1995; Acts 1999, 76th Leg.,
ch. 62, Sec. 15.02(d), eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1222, Sec. 1, eff.
Sept. 1, 2001.
Sec. 42.072. STALKING. (a) A person commits an offense if the person, on more than
one occasion and pursuant to the same scheme or course of conduct That is directed
specifically at another person, knowingly engages in conduct, including following the
other person, That:
(1) the actor knows or reasonably believes the other person will regard as threatening:
(A) bodily injury or death for the other person;
(B) bodily injury or death for a member of the other person's family or household; or
(C) That an offense will be committed against the other person's property;
(2) causes the other person or a member of the other person's family or household to
be placed in fear of bodily injury or death or fear That an offense will be committed
against the other person's property; and
(3) would cause a reasonable person to fear:
(A) bodily injury or death for himself or herself;
(B) bodily injury or death for a member of the person's family or household; or
(C) That an offense will be committed against the person's property.
(b) An offense under this section is a felony of the third degree, except That the
offense is a felony of the second degree if the actor has previously been convicted
under this section.
(c) In this section, "family," "household," and "member of a household" have the
meanings assigned by Chapter 71, Family Code.
Added by Acts 1997, 75th Leg., ch. 1, Sec. 1, eff. Jan. 28, 1997. Amended by Acts
1999, 76th Leg., ch. 62, Sec. 15.02(e), eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch.
1222, Sec. 2, eff. Sept. 1, 2001.
Sec. 42.08. ABUSE OF CORPSE. (a) A person commits an offense if the person, without
legal authority, knowingly:
(1) disinters, disturbs, damages, dissects, in whole or in part, carries away, or treats in
an offensive manner a human corpse;
(2) conceals a human corpse knowing it to be illegally disinterred;
(3) sells or buys a human corpse or in any way traffics in a human corpse;
(4) transmits or conveys, or procures to be transmitted or conveyed, a human corpse to
a place outside the state; or
(5) vandalizes, damages, or treats in an offensive manner the space in which a human
corpse has been interred or otherwise permanently laid to rest.
(b) An offense under this section is a Class A misdemeanor.
(c) In this section, "human corpse" includes:
(1) any portion of a human corpse;
(2) the cremated remains of a human corpse; or
(3) any portion of the cremated remains of a human corpse.
(d) If conduct constituting an offense under this section also constitutes an offense
under another section of this code, the actor may be prosecuted under either section or
both sections.
(e) It is a defense to prosecution under this section That the actor:
(1) as a member or agent of a cemetery organization, removed or damaged anything
That had been placed in or on any portion of the organization's cemetery in violation of
the rules of the organization; or
(2) removed anything:
(A) placed in the cemetery in violation of the rules of the cemetery organization; or
(B) placed in the cemetery by or with the cemetery organization's consent but That, in
the organization's judgment, had become wrecked, unsightly, or dilapidated.
(f) In this section, "cemetery" and "cemetery organization" have the meanings
assigned by Section 711.001, Health and Safety Code.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from
V.T.C.A., Penal Code Sec. 42.10 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.
1, 1994. Amended by Acts 2005, 79th Leg., ch. 1025, Sec. 1, eff. June 18, 2005.
Sec. 42.09. CRUELTY TO ANIMALS. (a) A person commits an offense if the person
intentionally or knowingly:
(1) tortures an animal;
(2) fails unreasonably to provide necessary food, care, or shelter for an animal in the
person's custody;
(3) abandons unreasonably an animal in the person's custody;
(4) transports or confines an animal in a cruel manner;
(5) kills, seriously injures, or administers poison to an animal, other than cattle,
horses, sheep, swine, or goats, belonging to another without legal authority or the
owner's effective consent;
(6) causes one animal to fight with another;
(7) uses a live animal as a lure in dog race training or in dog coursing on a racetrack;
(8) trips a horse;
(9) injures an animal, other than cattle, horses, sheep, swine, or goats, belonging to
another without legal authority or the owner's effective consent; or
(10) seriously overworks an animal.
(b) It is a defense to prosecution under this section That the actor was engaged in
bona fide experimentation for scientific research.
(c) For purposes of this section:
(1) "Abandon" includes abandoning an animal in the person's custody without making
reasonable arrangements for assumption of custody by another person.
(2) "Animal" means a domesticated living creature and wild living creature previously
captured. "Animal" does not include an uncaptured wild creature or a wild creature whose
capture was accomplished by conduct at issue under this section.
(3) "Cruel manner" includes a manner That causes or permits unjustified or
unwarranted pain or suffering.
(4) "Custody" includes responsibility for the health, safety, and welfare of an animal
subject to the person's care and control, regardless of ownership of the animal.
(5) "Necessary food, care, or shelter" includes food, care, or shelter provided to the
extent required to maintain the animal in a state of good health.
(6) "Trip" means to use an object to cause a horse to fall or lose its balance.
(d) An offense under Subsection (a)(2), (3), (4), (9), or (10) is a Class A
misdemeanor, except That the offense is a state jail felony if the person has previously
been convicted two times under this section.
(e) It is a defense to prosecution under Subsection (a)(5) That the animal was
discovered on the person's property in the act of or immediately after injuring or killing
the person's goats, sheep, cattle, horses, swine, or poultry and That the person killed or
injured the animal at the time of this discovery.
(f) It is a defense to prosecution under Subsection (a)(8) That the actor tripped the
horse for the purpose of identifying the ownership of the horse or giving veterinary care
to the horse.
(g) It is a defense to prosecution for an offense under this section That the person had
a reasonable fear of bodily injury to the person or to another by a dangerous wild
animal as defined by Section 822.101, Health and Safety Code.
(h) It is an exception to the application of this section That the conduct engaged in by
the actor is a generally accepted and otherwise lawful:
(1) use of an animal if That use occurs solely for the purpose of:
(A) fishing, hunting, or trapping; or
(B) wildlife control as regulated by state and federal law; or
(2) animal husbandry or farming practice involving livestock.
(i) An offense under Subsection (a)(1), (5), (6), (7), or (8) is a state jail felony, except
That the offense is a felony of the third degree if the person has previously been
convicted two times under this section.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975,
64th Leg., p. 917, ch. 342, Sec. 12, eff. Sept. 1, 1975; Acts 1985, 69th Leg., ch. 549,
Sec. 1, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 78, Sec. 1, eff. Aug. 26, 1991.
Renumbered from V.T.C.A., Penal Code Sec. 42.11 and amended by Acts 1993, 73rd
Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 318,
Sec. 15, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1283, Sec. 1, eff. Sept. 1, 1997;
Acts 2001, 77th Leg., ch. 54, Sec. 3, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 450,
Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1275, Sec. 2(116), eff. Sept. 1,
2003.
Sec. 42.091. ATTACK ON ASSISTANCE ANIMAL. (a) A person commits an offense if the
person intentionally, knowingly, or recklessly attacks, injures, or kills an assistance
animal.
(b) A person commits an offense if the person intentionally, knowingly, or recklessly
incites or permits an animal owned by or otherwise in the custody of the actor to attack,
injure, or kill an assistance animal and, as a result of the person's conduct, the
assistance animal is attacked, injured, or killed.
(c) An offense under this section is a:
(1) Class A misdemeanor if the actor or an animal owned by or otherwise in the custody
of the actor attacks an assistance animal;
(2) state jail felony if the actor or an animal owned by or otherwise in the custody of the
actor injures an assistance animal; or
(3) felony of the third degree if the actor or an animal owned by or otherwise in the
custody of the actor kills an assistance animal.
(d) A court shall order a defendant convicted of an offense under Subsection (a) to
make restitution to the owner of the assistance animal for:
(1) related veterinary or medical bills;
(2) the cost of:
(A) replacing the assistance animal; or
(B) retraining an injured assistance animal by an organization generally recognized by
agencies involved in the rehabilitation of persons with disabilities as reputable and
competent to provide special equipment for or special training to an animal to help a
person with a disability; and
(3) any other expense reasonably incurred as a result of the offense.
(e) In this section:
(1) "Assistance animal" has the meaning assigned by Section 121.002, Human
Resources Code.
(2) "Custody" has the meaning assigned by Section 42. 09.
Added by Acts 2003, 78th Leg., ch. 710, Sec. 2, eff. Sept. 1, 2003.
Sec. 42.10. DOG FIGHTING. (a) A person commits an offense if he intentionally or
knowingly:
(1) causes a dog to fight with another dog;
(2) for a pecuniary benefit causes a dog to fight with another dog;
(3) participates in the earnings of or operates a facility used for dog fighting;
(4) uses or permits another to use any real estate, building, room, tent, arena, or
other property for dog fighting;
(5) owns or trains a dog with the intent That the dog be used in an exhibition of dog
fighting; or
(6) attends as a spectator an exhibition of dog fighting.
(b) In this section, "dog fighting" means any situation in which one dog attacks or
fights with another dog.
(c) A conviction under Subdivision (2), (3), or (4) of Subsection (a) may be had upon
the uncorroborated testimony of a party to the offense.
(d) It is a defense to prosecution under Subdivision (1) or (2) of Subsection (a) That
the actor caused a dog to fight with another dog to protect livestock, other property, or a
person from the other dog, and for no other purpose.
(e) An offense under Subdivision (1) or (5) of Subsection (a) is a Class A
misdemeanor. An offense under Subdivision (2), (3), or (4) of Subsection (a) is a state
jail felony. An offense under Subdivision (6) of Subsection (a) is a Class C
misdemeanor.
Added by Acts 1983, 68th Leg., p. 1610, ch. 305, Sec. 1, eff. Sept. 1, 1983.
Renumbered from V.T.C.A., Penal Code Sec. 42.111 and amended by Acts 1993, 73rd
Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 42.11. DESTRUCTION OF FLAG. (a) A person commits an offense if the person
intentionally or knowingly damages, defaces, mutilates, or burns the flag of the United
States or the State of Texas.
(b) In this section, "flag" means an emblem, banner, or other standard or a copy of an
emblem, standard, or banner That is an official or commonly recognized depiction of the
flag of the United States or of this state and is capable of being flown from a staff of
any character or size. The term does not include a representation of a flag on a written
or printed document, a periodical, stationery, a painting or photograph, or an article of
clothing or jewelry.
(c) It is an exception to the application of this section That the act That would otherwise
constitute an offense is done in conformity with statutes of the United States or of this
state relating to the proper disposal of damaged flags.
(d) An offense under this section is a Class A misdemeanor.
Added by Acts 1989, 71st Leg., 1st C.S., ch. 27, Sec. 1, eff. Sept. 1, 1989.
Renumbered from V.T.C.A., Penal Code Sec. 42.14 by Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994.
Sec. 42.12. DISCHARGE OF FIREARM IN CERTAIN MUNICIPALITIES. (a) A person
commits an offense if the person recklessly discharges a firearm inside the corporate
limits of a municipality having a population of 100,000 or more.
(b) An offense under this section is a Class A misdemeanor.
(c) If conduct constituting an offense under this section also constitutes an offense
under another section of this code, the person may be prosecuted under either section.
(d) Subsection (a) does not affect the authority of a municipality to enact an ordinance
which prohibits the discharge of a firearm.
Added by Acts 1995, 74th Leg., ch. 663, Sec. 1, eff. Sept. 1, 1995.
Sec. 42.13. USE OF LASER POINTERS. (a) A person commits an offense if the person
knowingly directs a light from a laser pointer at a uniformed safety officer, including a
peace officer, security guard, firefighter, emergency medical service worker, or other
uniformed municipal, state, or federal officer.
(b) In this section, "laser pointer" means a device That emits a visible light amplified
by the stimulated emission of radiation.
(c) An offense under this section is a Class C misdemeanor.
Added by Acts 2003, 78th Leg., ch. 467, Sec. 1, eff. Sept. 1, 2003.