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Texas Penal Code - Section 38.14. Taking Or Attempting To Take Weapon From Peace Officer, Parole Officer, Or Community Supervision And Corrections Department Officer

Legal Research Home > Texas Lawyer > Penal Code > Texas Penal Code - Section 38.14. Taking Or Attempting To Take Weapon From Peace Officer, Parole Officer, Or Community Supervision And Corrections Department Officer

§ 38.14. TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE 
OFFICER, PAROLE OFFICER, OR COMMUNITY SUPERVISION AND CORRECTIONS 
DEPARTMENT OFFICER.  (a) In this section:
		(1)  "Firearm" has the meanings assigned by Section 
46.01.                  
		(2)  "Stun gun" means a device designed to propel darts 
or other projectiles attached to wires that, on contact, will 
deliver an electrical pulse capable of incapacitating a person.
	(b)  A person commits an offense if the person intentionally 
or knowingly and with force takes or attempts to take from a peace 
officer, parole officer, or community supervision and corrections 
department officer the officer's firearm, nightstick, stun gun, or 
personal protection chemical dispensing device with the intention 
of harming the officer or a third person.
	(c)  The actor is presumed to have known that the peace 
officer, parole officer, or community supervision and corrections 
department officer was a peace officer, parole officer, or 
community supervision and corrections department officer if the 
officer was wearing a distinctive uniform or badge indicating his 
employment, or if the officer identified himself as a peace 
officer, parole officer, or community supervision and corrections 
department officer.
	(d)  It is a defense to prosecution under this section that 
the defendant took or attempted to take the weapon from a peace 
officer, parole officer, or community supervision and corrections 
department officer who was using force against the defendant or 
another in excess of the amount of force permitted by law.
	(e)  An offense under this section is a felony of the third 
degree if the defendant took a weapon described by Subsection (b) 
from an officer described by Subsection (b) and is a state jail 
felony if the defendant attempted to take the weapon from the 
officer.

Added by Acts 1989, 71st Leg., ch. 986, § 1, eff. Sept. 1, 1989.  
Renumbered from V.T.C.A., Penal Code § 38.16 by Acts 1990, 71st 
Leg., 6th C.S., ch. 12, § 2(25), eff. Sept. 6, 1990.  Renumbered 
from V.T.C.A., Penal Code § 38.17 and amended by Acts 1993, 73rd 
Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.  Amended by Acts 1999, 
76th Leg., ch. 714, § 1, eff. Sept. 1, 1999;  Acts 2001, 77th 
Leg., ch. 322, § 1, eff. Sept. 1, 2001;  Acts 2005, 79th Leg., ch. 
1201, § 1, eff. Sept. 1, 2005.

Last modified: August 11, 2007