Texas Penal Code - Section 42.02. Riot
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§ 42.02. RIOT. (a) For the purpose of this section,
"riot" means the assemblage of seven or more persons resulting in
conduct which:
(1) creates an immediate danger of damage to property
or injury to persons;
(2) substantially obstructs law enforcement or other
governmental functions or services; or
(3) by force, threat of force, or physical action
deprives any person of a legal right or disturbs any person in the
enjoyment of a legal right.
(b) A person commits an offense if he knowingly participates
in a riot.
(c) It is a defense to prosecution under this section that
the assembly was at first lawful and when one of those assembled
manifested an intent to engage in conduct enumerated in Subsection
(a), the actor retired from the assembly.
(d) It is no defense to prosecution under this section that
another who was a party to the riot has been acquitted, has not been
arrested, prosecuted, or convicted, has been convicted of a
different offense or of a different type or class of offense, or is
immune from prosecution.
(e) Except as provided in Subsection (f), an offense under
this section is a Class B misdemeanor.
(f) An offense under this section is an offense of the same
classification as any offense of a higher grade committed by anyone
engaged in the riot if the offense was:
(1) in the furtherance of the purpose of the assembly;
or
(2) an offense which should have been anticipated as a
result of the assembly.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
Section: 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 42.062
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Last modified: August 10, 2007
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