Texas Penal Code - Section 38.15. Interference With Public Duties
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Texas Laws > Penal Code > Texas Penal Code - Section 38.15. Interference With Public Duties
Section: 38.113 38.114 38.12 38.122 38.123 38.13 38.14 38.15 38.151 38.16 38.17 38.171 38.18 38.19 39.01
§ 38.15. INTERFERENCE WITH PUBLIC DUTIES. (a) A person
commits an offense if the person with criminal negligence
interrupts, disrupts, impedes, or otherwise interferes with:
(1) a peace officer while the peace officer is
performing a duty or exercising authority imposed or granted by
(2) a person who is employed to provide emergency
medical services including the transportation of ill or injured
persons while the person is performing that duty;
(3) a fire fighter, while the fire fighter is fighting
a fire or investigating the cause of a fire;
(4) an animal under the supervision of a peace
officer, corrections officer, or jailer, if the person knows the
animal is being used for law enforcement, corrections, prison or
jail security, or investigative purposes;
(5) the transmission of a communication over a
citizen's band radio channel, the purpose of which communication is
to inform or inquire about an emergency; or
(6) an officer with responsibility for animal control
in a county or municipality, while the officer is performing a duty
or exercising authority imposed or granted under Chapter 821 or
822, Health and Safety Code.
(b) An offense under this section is a Class B misdemeanor.
(c) It is a defense to prosecution under Subsection (a)(1)
that the conduct engaged in by the defendant was intended to warn a
person operating a motor vehicle of the presence of a peace officer
who was enforcing Subtitle C, Title 7, Transportation Code.
(d) It is a defense to prosecution under this section that
the interruption, disruption, impediment, or interference alleged
consisted of speech only.
(e) In this section, "emergency" means a condition or
circumstance in which an individual is or is reasonably believed by
the person transmitting the communication to be in imminent danger
of serious bodily injury or in which property is or is reasonably
believed by the person transmitting the communication to be in
imminent danger of damage or destruction.
Added by Acts 1989, 71st Leg., ch. 1162, § 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(26), eff. Sept. 6, 1990. Renumbered
from V.T.C.A., Penal Code § 38.18 and amended by Acts 1993, 73rd
Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 1997,
75th Leg., ch. 165, § 30.241, eff. Sept. 1, 1997; Acts 2005,
79th Leg., ch. 1212, § 1, eff. Sept. 1, 2005.
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Last modified: August 11, 2007