CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES - Texas Statutes

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.