JOHN T. FLOYD LAW FIRM
Texas Criminal
Lawyer
EXPERIENCED CRIMINAL
DEFENSE LAWYER
TRIALS, SENTENCINGS, AND APPEALS
FEDERAL AND STATE CRIMINAL DEFENSE
"Serious Criminal
Defense Throughout Texas"
Phone (713) 224-0101
E-mail jfloyd@JohnTFloyd.com
PENAL CODE CHAPTER 42.
TITLE 9. OFFENSES AGAINST PUBLICORDER AND DECENCY
DISORDERLY CONDUCT ANDRELATED OFFENSES
§ 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.
§ 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.
§ 42.03. OBSTRUCTING HIGHWAY OR OTHER
PASSAGEWAY. (a) A person commits an offense if, without legal
privilege or authority, he intentionally, knowingly, or
recklessly:
(1) obstructs a highway, street, sidewalk, railway,
waterway, elevator, aisle, hallway, entrance, or exit to which the
public or a substantial group of the public has access, or any other
place used for the passage of persons, vehicles, or conveyances,
regardless of the means of creating the obstruction and whether the
obstruction arises from his acts alone or from his acts and the acts
of others; or
(2) disobeys a reasonable request or order to move
issued by a person the actor knows to be or is informed is a peace
officer, a fireman, or a person with authority to control the use of
the premises:
(A) to prevent obstruction of a highway or any of
those areas mentioned in Subdivision (1); or
(B) to maintain public safety by dispersing those
gathered in dangerous proximity to a fire, riot, or other hazard.
(b) For purposes of this section, "obstruct" means to render
impassable or to render passage unreasonably inconvenient or
hazardous.
(c) An offense under this section is a Class B misdemeanor.
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.
§ 42.04. DEFENSE WHEN CONDUCT CONSISTS OF SPEECH OR
OTHER EXPRESSION. (a) If conduct that would otherwise violate
Section 42.01(a)(5) (Unreasonable Noise) or 42.03 (Obstructing
Passageway) consists of speech or other communication, of gathering
with others to hear or observe such speech or communication, or of
gathering with others to picket or otherwise express in a
nonviolent manner a position on social, economic, political, or
religious questions, the actor must be ordered to move, disperse,
or otherwise remedy the violation prior to his arrest if he has not
yet intentionally harmed the interests of others which those
sections seek to protect.
(b) The order required by this section may be given by a
peace officer, a fireman, a person with authority to control the use
of the premises, or any person directly affected by the violation.
(c) It is a defense to prosecution under Section 42.01(a)(5)
or 42.03:
(1) that in circumstances in which this section
requires an order no order was given;
(2) that an order, if given, was manifestly
unreasonable in scope; or
(3) that an order, if given, was promptly obeyed.
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.
§ 42.05. DISRUPTING MEETING OR PROCESSION. (a) A
person commits an offense if, with intent to prevent or disrupt a
lawful meeting, procession, or gathering, he obstructs or
interferes with the meeting, procession, or gathering by physical
action or verbal utterance.
(b) An offense under this section is a Class B misdemeanor.
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.
§ 42.06. FALSE ALARM OR REPORT. (a) A person commits
an offense if he knowingly initiates, communicates or circulates a
report of a present, past, or future bombing, fire, offense, or
other emergency that he knows is false or baseless and that would
ordinarily:
(1) cause action by an official or volunteer agency
organized to deal with emergencies;
(2) place a person in fear of imminent serious bodily
injury; or
(3) prevent or interrupt the occupation of a building,
room, place of assembly, place to which the public has access, or
aircraft, automobile, or other mode of conveyance.
(b) An offense under this section is a Class A misdemeanor
unless the false report is of an emergency involving a public
primary or secondary school, public communications, public
transportation, public water, gas, or power supply or other public
service, in which event the offense is a state jail felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1979, 66th Leg., p. 1114, ch. 530, § 4, eff. Aug.
27, 1979; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 42.061. SILENT OR ABUSIVE CALLS TO 9-1-1
SERVICE. (a) In this section "9-1-1 service" and "public safety
answering point" or "PSAP" have the meanings assigned by Section
772.001, Health and Safety Code.
(b) A person commits an offense if the person makes a
telephone call to 9-1-1 when there is not an emergency and knowingly
or intentionally:
(1) remains silent; or
(2) makes abusive or harassing statements to a PSAP
employee.
(c) A person commits an offense if the person knowingly
permits a telephone under the person's control to be used by another
person in a manner described in Subsection (b).
(d) An offense under this section is a Class B misdemeanor.
Added by Acts 1989, 71st Leg., ch. 582, § 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, § 284(2), eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
§ 42.062. INTERFERENCE WITH EMERGENCY TELEPHONE
CALL. (a) An individual commits an offense if the individual
knowingly prevents or interferes with another individual's ability
to place an emergency telephone call or to request assistance in an
emergency from a law enforcement agency, medical facility, or other
agency or entity the primary purpose of which is to provide for the
safety of individuals.
(b) An individual commits an offense if the individual
recklessly renders unusable a telephone that would otherwise be
used by another individual to place an emergency telephone call or
to request assistance in an emergency from a law enforcement
agency, medical facility, or other agency or entity the primary
purpose of which is to provide for the safety of individuals.
(c) An offense under this section is a Class A misdemeanor,
except that the offense is a state jail felony if the actor has
previously been convicted under this section.
(d) In this section, "emergency" means a condition or
circumstance in which any individual is or is reasonably believed
by the individual making a telephone call to be in fear of imminent
assault or in which property is or is reasonably believed by the
individual making the telephone call to be in imminent danger of
damage or destruction.
Added by Acts 2001, 77th Leg., ch. 690, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 460, § 1, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1164, § 1, eff. Sept. 1, 2003.
§ 42.07. HARASSMENT. (a) A person commits an offense
if, with intent to harass, annoy, alarm, abuse, torment, or
embarrass another, he:
(1) initiates communication by telephone, in writing,
or by electronic communication and in the course of the
communication makes a comment, request, suggestion, or proposal
that is obscene;
(2) threatens, by telephone, in writing, or by
electronic communication, in a manner reasonably likely to alarm
the person receiving the threat, to inflict bodily injury on the
person or to commit a felony against the person, a member of his
family or household, or his property;
(3) conveys, in a manner reasonably likely to alarm
the person receiving the report, a false report, which is known by
the conveyor to be false, that another person has suffered death or
serious bodily injury;
(4) causes the telephone of another to ring repeatedly
or makes repeated telephone communications anonymously or in a
manner reasonably likely to harass, annoy, alarm, abuse, torment,
embarrass, or offend another;
(5) makes a telephone call and intentionally fails to
hang up or disengage the connection;
(6) knowingly permits a telephone under the person's
control to be used by another to commit an offense under this
section; or
(7) sends repeated electronic communications in a
manner reasonably likely to harass, annoy, alarm, abuse, torment,
embarrass, or offend another.
(b) In this section:
(1) "Electronic communication" means a transfer of
signs, signals, writing, images, sounds, data, or intelligence of
any nature transmitted in whole or in part by a wire, radio,
electromagnetic, photoelectronic, or photo-optical system. The
term includes:
(A) a communication initiated by electronic
mail, instant message, network call, or facsimile machine; and
(B) a communication made to a pager.
(2) "Family" and "household" have the meaning assigned
by Chapter 71, Family Code.
(3) "Obscene" means containing a patently offensive
description of or a solicitation to commit an ultimate sex act,
including sexual intercourse, masturbation, cunnilingus, fellatio,
or anilingus, or a description of an excretory function.
(c) An offense under this section is a Class B misdemeanor,
except that the offense is a Class A misdemeanor if the actor has
previously been convicted under this section.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1983, 68th Leg., p. 2204, ch. 411, § 1, eff.
Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 10, § 1, eff. March 19,
1993; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
Acts 1995, 74th Leg., ch. 657, § 1, eff. June 14, 1995; Acts
1999, 76th Leg., ch. 62, § 15.02(d), eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 1222, § 1, eff. Sept. 1, 2001.
§ 42.072. STALKING. (a) A person commits an offense if
the person, on more than one occasion and pursuant to the same
scheme or course of conduct that is directed specifically at
another person, knowingly engages in conduct, including following
the other person, that:
(1) the actor knows or reasonably believes the other
person will regard as threatening:
(A) bodily injury or death for the other person;
(B) bodily injury or death for a member of the
other person's family or household; or
(C) that an offense will be committed against the
other person's property;
(2) causes the other person or a member of the other
person's family or household to be placed in fear of bodily injury
or death or fear that an offense will be committed against the other
person's property; and
(3) would cause a reasonable person to fear:
(A) bodily injury or death for himself or
herself;
(B) bodily injury or death for a member of the
person's family or household; or
(C) that an offense will be committed against the
person's property.
(b) An offense under this section is a felony of the third
degree, except that the offense is a felony of the second degree if
the actor has previously been convicted under this section.
(c) In this section, "family," "household," and "member
of a
household" have the meanings assigned by Chapter 71, Family Code.
Added by Acts 1997, 75th Leg., ch. 1, § 1, eff. Jan. 28, 1997.
Amended by Acts 1999, 76th Leg., ch. 62, § 15.02(e), eff. Sept.
1, 1999; Acts 2001, 77th Leg., ch. 1222, § 2, eff. Sept. 1, 2001.
§ 42.08. ABUSE OF CORPSE. (a) A person commits an
offense if, not authorized by law, he intentionally or knowingly:
(1) disinters, disturbs, removes, dissects, in whole
or in part, carries away, or treats in a seriously offensive manner
a human corpse;
(2) conceals a human corpse knowing it to be illegally
disinterred;
(3) sells or buys a human corpse or in any way traffics
in a human corpse; or
(4) transmits or conveys, or procures to be
transmitted or conveyed, a human corpse to a place outside the
state.
(b) An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from V.T.C.A., Penal Code § 42.10 by Acts 1993, 73rd
Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
§ 42.09. CRUELTY TO ANIMALS. (a) A person commits an
offense if the person intentionally or knowingly:
(1) tortures an animal;
(2) fails unreasonably to provide necessary food,
care, or shelter for an animal in the person's custody;
(3) abandons unreasonably an animal in the person's
custody;
(4) transports or confines an animal in a cruel
manner;
(5) kills, seriously injures, or administers poison to
an animal, other than cattle, horses, sheep, swine, or goats,
belonging to another without legal authority or the owner's
effective consent;
(6) causes one animal to fight with another;
(7) uses a live animal as a lure in dog race training
or in dog coursing on a racetrack;
(8) trips a horse;
(9) injures an animal, other than cattle, horses,
sheep, swine, or goats, belonging to another without legal
authority or the owner's effective consent; or
(10) seriously overworks an animal.
(b) It is a defense to prosecution under this section that
the actor was engaged in bona fide experimentation for scientific
research.
(c) For purposes of this section:
(1) "Abandon" includes abandoning an animal in the
person's custody without making reasonable arrangements for
assumption of custody by another person.
(2) "Animal" means a domesticated living creature and
wild living creature previously captured. "Animal" does not include
an uncaptured wild creature or a wild creature whose capture was
accomplished by conduct at issue under this section.
(3) "Cruel manner" includes a manner that causes or
permits unjustified or unwarranted pain or suffering.
(4) "Custody" includes responsibility for the health,
safety, and welfare of an animal subject to the person's care and
control, regardless of ownership of the animal.
(5) "Necessary food, care, or shelter" includes food,
care, or shelter provided to the extent required to maintain the
animal in a state of good health.
(6) "Trip" means to use an object to cause a horse to
fall or lose its balance.
(d) An offense under Subsection (a)(2), (3), (4), (9), or
(10) is a Class A misdemeanor, except that the offense is a state
jail felony if the person has previously been convicted two times
under this section.
(e) It is a defense to prosecution under Subsection (a)(5)
that the animal was discovered on the person's property in the act
of or immediately after injuring or killing the person's goats,
sheep, cattle, horses, swine, or poultry and that the person killed
or injured the animal at the time of this discovery.
(f) It is a defense to prosecution under Subsection (a)(8)
that the actor tripped the horse for the purpose of identifying the
ownership of the horse or giving veterinary care to the horse.
(g) It is a defense to prosecution for an offense under this
section that the person 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.
(h) It is an exception to the application of this section
that the conduct engaged in by the actor is a generally accepted and
otherwise lawful:
(1) use of an animal if that use occurs solely for the
purpose of:
(A) fishing, hunting, or trapping; or
(B) wildlife control as regulated by state and
federal law; or
(2) animal husbandry or farming practice involving
livestock.
(i) An offense under Subsection (a)(1), (5), (6), (7), or
(8) is a state jail felony, except that the offense is a felony of
the third degree if the person has previously been convicted two
times under this section.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 917, ch. 342, § 12, eff.
Sept. 1, 1975; Acts 1985, 69th Leg., ch. 549, § 1, eff. Sept. 1,
1985; Acts 1991, 72nd Leg., ch. 78, § 1, eff. Aug. 26, 1991.
Renumbered from V.T.C.A., Penal Code § 42.11 and amended by Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by
Acts 1995, 74th Leg., ch. 318, § 15, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 1283, § 1, eff. Sept. 1, 1997; Acts 2001,
77th Leg., ch. 54, § 3, eff. Sept. 1, 2001; Acts 2001, 77th Leg.,
ch. 450, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1275,
§ 2(116), eff. Sept. 1, 2003.
§ 42.091. ATTACK ON ASSISTANCE ANIMAL. (a) A person
commits an offense if the person intentionally, knowingly, or
recklessly attacks, injures, or kills an assistance animal.
(b) A person commits an offense if the person intentionally,
knowingly, or recklessly incites or permits an animal owned by or
otherwise in the custody of the actor to attack, injure, or kill an
assistance animal and, as a result of the person's conduct, the
assistance animal is attacked, injured, or killed.
(c) An offense under this section is a:
(1) Class A misdemeanor if the actor or an animal owned
by or otherwise in the custody of the actor attacks an assistance
animal;
(2) state jail felony if the actor or an animal owned
by or otherwise in the custody of the actor injures an assistance
animal; or
(3) felony of the third degree if the actor or an
animal owned by or otherwise in the custody of the actor kills an
assistance animal.
(d) A court shall order a defendant convicted of an offense
under Subsection (a) to make restitution to the owner of the
assistance animal for:
(1) related veterinary or medical bills;
(2) the cost of:
(A) replacing the assistance animal; or
(B) retraining an injured assistance animal by an
organization generally recognized by agencies involved in the
rehabilitation of persons with disabilities as reputable and
competent to provide special equipment for or special training to
an animal to help a person with a disability; and
(3) any other expense reasonably incurred as a result
of the offense.
(e) In this section:
(1) "Assistance animal" has the meaning assigned by
Section 121.002, Human Resources Code.
(2) "Custody" has the meaning assigned by Section 42.
09.
Added by Acts 2003, 78th Leg., ch. 710, § 2, eff. Sept. 1, 2003.
§ 42.10. DOG FIGHTING. (a) A person commits an offense
if he intentionally or knowingly:
(1) causes a dog to fight with another dog;
(2) for a pecuniary benefit causes a dog to fight with
another dog;
(3) participates in the earnings of or operates a
facility used for dog fighting;
(4) uses or permits another to use any real estate,
building, room, tent, arena, or other property for dog fighting;
(5) owns or trains a dog with the intent that the dog
be used in an exhibition of dog fighting; or
(6) attends as a spectator an exhibition of dog
fighting.
(b) In this section, "dog fighting" means any situation in
which one dog attacks or fights with another dog.
(c) A conviction under Subdivision (2), (3), or (4) of
Subsection (a) may be had upon the uncorroborated testimony of a
party to the offense.
(d) It is a defense to prosecution under Subdivision (1) or
(2) of Subsection (a) that the actor caused a dog to fight with
another dog to protect livestock, other property, or a person from
the other dog, and for no other purpose.
(e) An offense under Subdivision (1) or (5) of Subsection
(a) is a Class A misdemeanor. An offense under Subdivision (2),
(3), or (4) of Subsection (a) is a state jail felony. An offense
under Subdivision (6) of Subsection (a) is a Class C misdemeanor.
Added by Acts 1983, 68th Leg., p. 1610, ch. 305, § 1, eff. Sept.
1, 1983. Renumbered from V.T.C.A., Penal Code § 42.111 and
amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 42.11. DESTRUCTION OF FLAG. (a) A person commits an
offense if the person intentionally or knowingly damages, defaces,
mutilates, or burns the flag of the United States or the State of
Texas.
(b) In this section, "flag" means an emblem, banner, or
other standard or a copy of an emblem, standard, or banner that is
an official or commonly recognized depiction of the flag of the
United States or of this state and is capable of being flown from a
staff of any character or size. The term does not include a
representation of a flag on a written or printed document, a
periodical, stationery, a painting or photograph, or an article of
clothing or jewelry.
(c) It is an exception to the application of this section
that the act that would otherwise constitute an offense is done in
conformity with statutes of the United States or of this state
relating to the proper disposal of damaged flags.
(d) An offense under this section is a Class A misdemeanor.
Added by Acts 1989, 71st Leg., 1st C.S., ch. 27, § 1, eff. Sept.
1, 1989. Renumbered from V.T.C.A., Penal Code § 42.14 by Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
§ 42.12. DISCHARGE OF FIREARM IN CERTAIN
MUNICIPALITIES. (a) A person commits an offense if the person
recklessly discharges a firearm inside the corporate limits of a
municipality having a population of 100,000 or more.
(b) An offense under this section is a Class A misdemeanor.
(c) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
person may be prosecuted under either section.
(d) Subsection (a) does not affect the authority of a
municipality to enact an ordinance which prohibits the discharge of
a firearm.
Added by Acts 1995, 74th Leg., ch. 663, § 1, eff. Sept. 1, 1995.
§ 42.13. USE OF LASER POINTERS. (a) A person commits
an offense if the person knowingly directs a light from a laser
pointer at a uniformed safety officer, including a peace officer,
security guard, firefighter, emergency medical service worker, or
other uniformed municipal, state, or federal officer.
(b) In this section, "laser pointer" means a device that
emits a visible light amplified by the stimulated emission of
radiation.
(c) An offense under this section is a Class C misdemeanor.
Added by Acts 2003, 78th Leg., ch. 467, § 1, eff. Sept. 1, 2003.
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