Texas Penal Code - Section 42.01. Disorderly Conduct
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Texas Laws > Penal Code > Texas Penal Code - Section 42.01. Disorderly Conduct
§ 42.01. DISORDERLY CONDUCT. (a) A person commits an
offense if he intentionally or knowingly:
(1) uses abusive, indecent, profane, or vulgar
language in a public place, and the language by its very utterance
tends to incite an immediate breach of the peace;
(2) makes an offensive gesture or display in a public
place, and the gesture or display tends to incite an immediate
breach of the peace;
(3) creates, by chemical means, a noxious and
unreasonable odor in a public place;
(4) abuses or threatens a person in a public place in
an obviously offensive manner;
(5) makes unreasonable noise in a public place other
than a sport shooting range, as defined by Section 250.001, Local
Government Code, or in or near a private residence that he has no
right to occupy;
(6) fights with another in a public place;
(7) discharges a firearm in a public place other than a
public road or a sport shooting range, as defined by Section
250.001, Local Government Code;
(8) displays a firearm or other deadly weapon in a
public place in a manner calculated to alarm;
(9) discharges a firearm on or across a public road;
(10) exposes his anus or genitals in a public place and
is reckless about whether another may be present who will be
offended or alarmed by his act; or
(11) for a lewd or unlawful purpose:
(A) enters on the property of another and looks
into a dwelling on the property through any window or other opening
in the dwelling;
(B) while on the premises of a hotel or
comparable establishment, looks into a guest room not the person's
own through a window or other opening in the room; or
(C) while on the premises of a public place,
looks into an area such as a restroom or shower stall or changing or
dressing room that is designed to provide privacy to a person using
the area.
(b) It is a defense to prosecution under Subsection (a)(4)
that the actor had significant provocation for his abusive or
threatening conduct.
(c) For purposes of this section:
(1) an act is deemed to occur in a public place or near
a private residence if it produces its offensive or proscribed
consequences in the public place or near a private residence; and
(2) a noise is presumed to be unreasonable if the noise
exceeds a decibel level of 85 after the person making the noise
receives notice from a magistrate or peace officer that the noise is
a public nuisance.
(d) An offense under this section is a Class C misdemeanor
unless committed under Subsection (a)(7) or (a)(8), in which event
it is a Class B misdemeanor.
(e) It is a defense to prosecution for an offense under
Subsection (a)(7) or (9) that the person who discharged the firearm
had a reasonable fear of bodily injury to the person or to another
by a dangerous wild animal as defined by Section 822.101, Health and
Safety Code.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1977, 65th Leg., p. 181, ch. 89, § 1, 2, eff. Aug.
29, 1977; Acts 1983, 68th Leg., p. 4641, ch. 800, § 1, eff. Sept.
1, 1983; Acts 1991, 72nd Leg., ch. 145, § 2, eff. Aug. 26, 1991;
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts
1995, 74th Leg., ch. 318, § 14, eff. Sept. 1, 1995; Acts 2001,
77th Leg., ch. 54, § 4, eff. Sept. 1, 2001; Acts 2003, 78th Leg.,
ch. 389, § 1, eff. Sept. 1, 2003.
Section: 38.19 39.01 39.02 39.03 39.04 39.05 39.06 42.01 42.02 42.03 42.04 42.05 42.055 42.06 42.061
Last modified: August 11, 2007
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