Texas Penal Code - Section 39.03. Official Oppression
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Texas Laws > Penal Code > Texas Penal Code - Section 39.03. Official Oppression
Section: 38.16 38.17 38.171 38.18 38.19 39.01 39.02 39.03 39.04 39.05 39.06 42.01 42.02 42.03 42.04
§ 39.03. OFFICIAL OPPRESSION. (a) A public servant
acting under color of his office or employment commits an offense if
(1) intentionally subjects another to mistreatment or
to arrest, detention, search, seizure, dispossession, assessment,
or lien that he knows is unlawful;
(2) intentionally denies or impedes another in the
exercise or enjoyment of any right, privilege, power, or immunity,
knowing his conduct is unlawful; or
(3) intentionally subjects another to sexual
(b) For purposes of this section, a public servant acts
under color of his office or employment if he acts or purports to
act in an official capacity or takes advantage of such actual or
(c) In this section, "sexual harassment" means unwelcome
sexual advances, requests for sexual favors, or other verbal or
physical conduct of a sexual nature, submission to which is made a
term or condition of a person's exercise or enjoyment of any right,
privilege, power, or immunity, either explicitly or implicitly.
(d) An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1989, 71st Leg., ch. 1217, § 1, eff. Sept. 1,
1989; Acts 1991, 72nd Leg., ch. 16, § 19.01(34), eff. Aug. 26,
1991. Renumbered from V.T.C.A., Penal Code § 39.02 by Acts 1993,
73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
Last modified: August 11, 2007