onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

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.

Section:  Previous  35A.01  35A.02  36.01  36.02  36.03  36.04  36.05  36.06  36.07  36.08  36.09  36.10  37.01  37.02  37.03  Next

Last modified: August 11, 2007