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Texas Penal Code - Section 22.11. Harassment By Persons In Certain Correctional Facilities; Harassment Of Public Servant

Legal Research Home > Texas Lawyer > Penal Code > Texas Penal Code - Section 22.11. Harassment By Persons In Certain Correctional Facilities; Harassment Of Public Servant

§ 22.11. HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL 
FACILITIES;  HARASSMENT OF PUBLIC SERVANT.  (a) A person commits an 
offense if, with the intent to assault, harass, or alarm, the 
person:
		(1)  while imprisoned or confined in a correctional or 
detention facility, causes another person to contact the blood, 
seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, 
any other person, or an animal;  or
		(2)  causes another person the actor knows to be a 
public servant to contact the blood, seminal fluid, vaginal fluid, 
saliva, urine, or feces of the actor, any other person, or an animal 
while the public servant is lawfully discharging an official duty 
or in retaliation or on account of an exercise of the public 
servant's official power or performance of an official duty.
	(b)  An offense under this section is a felony of the third 
degree.          
	(c)  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.
	(d)  In this section, "correctional or detention facility" 
means:            
		(1)  a secure correctional facility;  or                                      
		(2)  a "secure correctional facility" or a "secure 
detention facility" as defined by Section 51.02, Family Code, 
operated by or under contract with a juvenile board or the Texas 
Youth Commission or any other facility operated by or under 
contract with that commission.
	(e)  For purposes of Subsection (a)(2), the actor is presumed 
to have known the person was a public servant if the person was 
wearing a distinctive uniform or badge indicating the person's 
employment as a public servant.

Added by Acts 1999, 76th Leg., ch. 335, § 1, eff. Sept. 1, 1999.  
Amended by Acts 2003, 78th Leg., ch. 878, § 1, eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 1006, § 1, eff. Sept. 1, 2003;  
Acts 2005, 79th Leg., ch. 543, § 1, 2, eff. Sept. 1, 2005.

Last modified: August 11, 2007