Texas Penal Code - PENAL § 25.071. Violation of Protective Order Preventing Offense Caused by Bias or Prejudice




(a) A person commits an offense if, in violation of an order issued under Article 6.08, Code of Criminal Procedure , the person knowingly or intentionally:

(1) commits an offense under Title 5  1 or Section 28.02 , 28.03 , or 28.08 and commits the offense because of bias or prejudice as described by Article 42.014, Code of Criminal Procedure ;

(2) communicates:

(A) directly with a protected individual in a threatening or harassing manner;

(B) a threat through any person to a protected individual;  or

(C) in any manner with the protected individual, if the order prohibits any communication with a protected individual;  or

(3) goes to or near the residence or place of employment or business of a protected individual.

(b) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.

(c) A peace officer investigating conduct that may constitute an offense under this section for a violation of an order may not arrest a person protected by that order for a violation of that order.

(d) An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that the defendant has previously been convicted under this section two or more times or has violated the protective order by committing an assault, in which event the offense is a third degree felony.

1 V.T.C.A., Penal Code § 19.01 et seq.




Read this complete Texas Penal Code - PENAL § 25.071. Violation of Protective Order Preventing Offense Caused by Bias or Prejudice on Westlaw

FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.