CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES
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.
Amended by:
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
1,000 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.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
256, Sec. 1, eff. June 4, 2007.
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 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 LIVESTOCK ANIMALS. (a) A person commits
an offense if the person intentionally or knowingly:
(1) tortures a livestock animal;
(2) fails unreasonably to provide necessary food, water, or care
for a livestock animal in the person's custody;
(3) abandons unreasonably a livestock animal in the person's
custody;
(4) transports or confines a livestock animal in a cruel and
unusual manner;
(5) administers poison to a livestock animal, other than cattle,
horses, sheep, swine, or goats, belonging to another without
legal authority or the owner's effective consent;
(6) causes one livestock animal to fight with another livestock
animal or with an animal as defined by Section 42.092;
(7) uses a live livestock animal as a lure in dog race training
or in dog coursing on a racetrack;
(8) trips a horse; or
(9) seriously overworks a livestock animal.
(b) In this section:
(1) "Abandon" includes abandoning a livestock animal in the
person's custody without making reasonable arrangements for
assumption of custody by another person.
(2) "Cruel manner" includes a manner that causes or permits
unjustified or unwarranted pain or suffering.
(3) "Custody" includes responsibility for the health, safety,
and welfare of a livestock animal subject to the person's care
and control, regardless of ownership of the livestock animal.
(4) "Depredation" has the meaning assigned by Section 71.001,
Parks and Wildlife Code.
(5) "Livestock animal" means:
(A) cattle, sheep, swine, goats, ratites, or poultry commonly
raised for human consumption;
(B) a horse, pony, mule, donkey, or hinny;
(C) native or nonnative hoofstock raised under agriculture
practices; or
(D) native or nonnative fowl commonly raised under agricultural
practices.
(6) "Necessary food, water, or care" includes food, water, or
care provided to the extent required to maintain the livestock
animal in a state of good health.
(7) "Torture" includes any act that causes unjustifiable pain or
suffering.
(8) "Trip" means to use an object to cause a horse to fall or
lose its balance.
(c) An offense under Subsection (a)(2), (3), (4), or (9) 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, two times under Section 42.092, or one time
under this section and one time under Section 42.092. 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, two times under Section 42.092, or one time under this
section and one time under Section 42.092.
(d) 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.
(e) It is a defense to prosecution for an offense under this
section that the actor was engaged in bona fide experimentation
for scientific research.
(f) 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) form of conduct occurring solely for the purpose of or in
support of:
(A) fishing, hunting, or trapping; or
(B) wildlife management, wildlife or depredation control, or
shooting preserve practices as regulated by state and federal
law; or
(2) animal husbandry or agriculture practice involving livestock
animals.
(g) This section does not create a civil cause of action for
damages or enforcement of 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 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.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
886, Sec. 1, eff. September 1, 2007.
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. 42.092. CRUELTY TO NONLIVESTOCK ANIMALS. (a) In 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, including any
stray or feral cat or dog, and a wild living creature previously
captured. The term does not include an uncaptured wild living
creature or a livestock animal.
(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) "Depredation" has the meaning assigned by Section 71.001,
Parks and Wildlife Code.
(6) "Livestock animal" has the meaning assigned by Section
42.09.
(7) "Necessary food, water, care, or shelter" includes food,
water, care, or shelter provided to the extent required to
maintain the animal in a state of good health.
(8) "Torture" includes any act that causes unjustifiable pain or
suffering.
(b) A person commits an offense if the person intentionally,
knowingly, or recklessly:
(1) tortures an animal or in a cruel manner kills or causes
serious bodily injury to an animal;
(2) without the owner's effective consent, kills, administers
poison to, or causes serious bodily injury to an animal;
(3) fails unreasonably to provide necessary food, water, care,
or shelter for an animal in the person's custody;
(4) abandons unreasonably an animal in the person's custody;
(5) transports or confines an animal in a cruel manner;
(6) without the owner's effective consent, causes bodily injury
to an animal;
(7) causes one animal to fight with another animal, if either
animal is not a dog;
(8) uses a live animal as a lure in dog race training or in dog
coursing on a racetrack; or
(9) seriously overworks an animal.
(c) An offense under Subsection (b)(3), (4), (5), (6), or (9) 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, two times under Section 42.09, or one time
under this section and one time under Section 42.09. An offense
under Subsection (b)(1), (2), (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, two times under Section 42.09, or one time under this
section and one time under Section 42.09.
(d) It is a defense to prosecution under this section that:
(1) the actor had a reasonable fear of bodily injury to the
actor or to another person by a dangerous wild animal as defined
by Section 822.101, Health and Safety Code; or
(2) the actor was engaged in bona fide experimentation for
scientific research.
(e) It is a defense to prosecution under Subsection (b)(2) or
(6) that:
(1) the animal was discovered on the person's property in the
act of or after injuring or killing the person's livestock
animals or damaging the person's crops and that the person killed
or injured the animal at the time of this discovery; or
(2) the person killed or injured the animal within the scope of
the person's employment as a public servant or in furtherance of
activities or operations associated with electricity transmission
or distribution, electricity generation or operations associated
with the generation of electricity, or natural gas delivery.
(f) 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) form of conduct occurring solely for the purpose of or in
support of:
(A) fishing, hunting, or trapping; or
(B) wildlife management, wildlife or depredation control, or
shooting preserve practices as regulated by state and federal
law; or
(2) animal husbandry or agriculture practice involving livestock
animals.
(g) This section does not create a civil cause of action for
damages or enforcement of the section.
Added by Acts 2007, 80th Leg., R.S., Ch.
886, Sec. 2, eff. September 1, 2007.
Sec. 42.10. DOG FIGHTING. (a) A person commits an offense if
the person intentionally or knowingly:
(1) causes a dog to fight with another dog;
(2) participates in the earnings of or operates a facility used
for dog fighting;
(3) uses or permits another to use any real estate, building,
room, tent, arena, or other property for dog fighting;
(4) owns or possesses dog-fighting equipment with the intent
that the equipment be used to train a dog for dog fighting or in
furtherance of 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:
(1) "Dog fighting" means any situation in which one dog attacks
or fights with another dog.
(2) "Dog-fighting equipment" has the meaning assigned by Article
18.18(g), Code of Criminal Procedure.
(c) A conviction under Subsection (a)(2) or (3) may be had upon
the uncorroborated testimony of a party to the offense.
(d) It is a defense to prosecution under Subsection (a)(1) 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 Subsection (a)(4), (5), or (6) is a Class A
misdemeanor. An offense under Subsection (a)(1), (2), or (3) is
a state jail felony.
Added by Acts 1983, 68th Leg., p. 1610, ch. 305, Sec. 1, eff.
Sept. 1, 1983. Renumbered from Penal Code Sec. 42.111 and amended
by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
644, Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1357, Sec. 1, eff. September 1, 2009.
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 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.
Sec. 42.14. ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT. (a) A
person commits an offense if:
(1) the person intentionally directs a light from a laser
pointer or other light source at an aircraft; and
(2) the light has an intensity sufficient to impair the
operator's ability to control the aircraft.
(b) It is an affirmative defense to prosecution under this
section that the actor was using the light to send an emergency
distress signal.
(c) An offense under this section is a Class C misdemeanor
unless the intensity of the light impairs the operator's ability
to control the aircraft, in which event the offense is a Class A
misdemeanor.
(d) If conduct that constitutes an offense under this section
also constitutes an offense under any other law, the actor may be
prosecuted under this section or the other law.
(e) In this section, "laser pointer" has the meaning assigned by
Section 42.13.
Added by Acts 2007, 80th Leg., R.S., Ch.
680, Sec. 1, eff. September 1, 2007.