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Texas Penal Code - Section 36.06. Obstruction Or Retaliation

Legal Research Home > Texas Laws > Penal Code > Texas Penal Code - Section 36.06. Obstruction Or Retaliation

§ 36.06. OBSTRUCTION OR RETALIATION.  (a) A person 
commits an offense if he intentionally or knowingly harms or 
threatens to harm another by an unlawful act:
		(1)  in retaliation for or on account of the service or 
status of another as a:
			(A)  public servant, witness, prospective 
witness, or informant; or        
			(B)  person who has reported or who the actor 
knows intends to report the occurrence of a crime;  or
		(2)  to prevent or delay the service of another as a:                         
			(A)  public servant, witness, prospective 
witness, or informant; or        
			(B)  person who has reported or who the actor 
knows intends to report the occurrence of a crime.
	(b)  In this section:                                                          
		(1)  "Honorably retired peace officer" means a peace 
officer who:           
			(A)  did not retire in lieu of any disciplinary 
action;                    
			(B)  was eligible to retire from a law enforcement 
agency or was ineligible to retire only as a result of an injury 
received in the course of the officer's employment with the agency;  
and
			(C)  is entitled to receive a pension or annuity 
for service as a law enforcement officer or is not entitled to 
receive a pension or annuity only because the law enforcement 
agency that employed the officer does not offer a pension or annuity 
to its employees.
		(2)  "Informant" means a person who has communicated 
information to the government in connection with any governmental 
function.
		(3)  "Public servant" includes an honorably retired 
peace officer.          
	(c)  An offense under this section is a felony of the third 
degree unless the victim of the offense was harmed or threatened 
because of the victim's service or status as a juror, in which event 
the offense is a felony of the second degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1983, 68th Leg., p. 3238, ch. 558, § 4, eff. 
Sept. 1, 1983;  Acts 1989, 71st Leg., ch. 557, § 1, eff. Sept. 1, 
1989;  Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;  
Acts 1997, 75th Leg., ch. 239, § 1, eff. Sept. 1, 1997;  Acts 
2001, 77th Leg., ch. 835, § 1, eff. Sept. 1, 2001;  Acts 2003, 
78th Leg., ch. 246, § 1, eff. Sept. 1, 2003.

Last modified: August 11, 2007