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eluding texas penal code

Sept. 1, 1987. 12, Sec. Sec. WebThe general purposes of this code are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or 34 (S.B. 900, Sec. 1, eff. September 1, 2007. 1, eff. OBSTRUCTING GOVERNMENTAL OPERATION Sec. 42.01. 593 (H.B. September 1, 2009. A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and: (1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or. (4) "Tobacco product" has the meaning assigned by Section 155.001, Tax Code. (a) A person commits an offense if, with intent to influence the witness, he offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding, or he coerces a witness or a prospective witness in an official proceeding: (1) to testify falsely; 1011 (H.B. Amended by Acts 1985, 69th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. for non-profit, educational, and government users. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (A) a free newspaper of general circulation or qualified to publish legal notices; (C) available and of interest to the general public. UNAUTHORIZED ABSENCE FROM COMMUNITY CORRECTIONS FACILITY, COUNTY CORRECTIONAL CENTER, OR ASSIGNMENT SITE. DEFINITIONS. Conduct is justified if: (1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm; (2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and. (A) the third person has requested his protection of the land or property; (B) he has a legal duty to protect the third person's land or property; or. Title 21. Offer. September 1, 2007. (a) Except as qualified by Subsections (b) and (c), conduct is justified if the actor reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or other governmental tribunal, or in the execution of legal process. (d) A person commits an offense if the person: (1) possesses a controlled substance or dangerous drug while in a correctional facility or civil commitment facility or on property owned, used, or controlled by a correctional facility or civil commitment facility; or. (2) was confined in a correctional facility other than a secure correctional facility after conviction of a felony. Sec. 1.01, eff. (b) It is a defense to prosecution under this section that the appearance was incident to community supervision, parole, or an intermittent sentence. September 1, 2015. 21-4. Acts 2007, 80th Leg., R.S., Ch. PREVENTING EXECUTION OF CIVIL PROCESS. (2) a Class B misdemeanor if the offense is committed under Subsection (b). (2) a Class A misdemeanor if the offense is committed under Subsection (b). (a) A person commits an offense if the person: (1) observes the commission of a felony under circumstances in which a reasonable person would believe that an offense had been committed in which serious bodily injury or death may have resulted; and. Sept. 1, 2001. (b) An offense under Subsection (a) of this section is a felony of the third degree. Jan. 1, 1974. Sept. 1, 1994. Added by Acts 1993, 73rd Leg., ch. WebSection 545.421 - Fleeing or Attempting to Elude Police Officer; Offense (a) A person commits an offense if the person operates a motor vehicle and wilfully fails or refuses to 900, Sec. (c) Except as provided by Subsection (d) of this section, an offense under Subsection (a) of this section is a Class A misdemeanor. Amended by Acts 1995, 74th Leg., ch. ARREST AND SEARCH. Sec. 2, eff. RESISTING ARREST, SEARCH, OR TRANSPORTATION. (B) a secure correctional facility or secure detention facility, as defined by Section 51.02, Family Code. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 2, eff. (a) In this section: (1) "Area of control" includes a vehicle, trailer, kennel, pen, or yard. (b) The other sections of this chapter control when force is used against a person to protect persons (Subchapter C), to protect property (Subchapter D), for law enforcement (Subchapter E), or by virtue of a special relationship (Subchapter F). (C) the person on whose behalf the information was requested. FAILURE TO PROVIDE NOTICE AND REPORT OF DEATH OF RESIDENT OF INSTITUTION. (D) is performing a duty or exercising authority imposed or granted under the Agriculture Code, Health and Safety Code, Occupations Code, or Water Code. (c) Except as provided by Subsections (d) and (e), an offense under this section is: (1) a Class C misdemeanor if the offense is committed under Subsection (a); or. FAILURE TO IDENTIFY. Sept. 1, 2003. September 1, 2009. (2) "Escape" has the meaning assigned by Section 38.01. 504, Sec. HINDERING PROCEEDINGS BY DISORDERLY CONDUCT. 1758), Sec. Section 38.04 Evading Arrest or Detention, Texas Transportation Code Section 545.421 - Fleeing Or . 900, Sec. (c) It is an affirmative defense to prosecution under this section that the contact was: (1) indirect contact made through an attorney representing the person in custody; and. 1, eff. (a) In this section: (1) "Firearm" has the meanings assigned by Section 46.01. MULTIPLE 38.04 Evading Arrest or Detention (a) A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special (3) warns the other of impending discovery or apprehension. 399, Sec. Sept. 1, 1994. USE OF DEVICE TO PROTECT PROPERTY. 866, Sec. (2) takes four ounces or less of an alcoholic beverage into a correctional facility and personally consumes all of the alcoholic beverage or departs from the facility with any portion of the beverage not consumed. Sec. |. September 1, 2009. A person is justified in using force or deadly force against another to protect a third person if: (1) under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31 or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect; and. BARRATRY AND SOLICITATION OF PROFESSIONAL EMPLOYMENT. PROTECTION OF ONE'S OWN PROPERTY. 920 (S.B. Acts 2005, 79th Leg., Ch. 1343), Sec. 839 (H.B. RECKLESS INJURY OF INNOCENT THIRD PERSON. 1, eff. Sec. Sept. 1, 1975. Acts 1991, 72nd Leg., ch. (a) An official or employee of a correctional facility commits an offense if he knowingly permits or facilitates the escape of a person in custody. (a) A person, other than a person who has a relationship with a child described by Section 22.04(b), commits an offense if: (1) the actor observes the commission or attempted commission of an offense prohibited by Section 21.02 or 22.021(a)(2)(B) under circumstances in which a reasonable person would believe that an offense of a sexual or assaultive nature was being committed or was about to be committed against the child; (2) the actor fails to assist the child or immediately report the commission of the offense to a peace officer or law enforcement agency; and. 2884), Sec. 647 (S.B. 1576), Sec. (a) A person commits an offense if the person escapes from custody when the person is: (1) under arrest for, lawfully detained for, charged with, or convicted of an offense; (2) in custody pursuant to a lawful order of a court; (3) detained in a secure detention facility, as that term is defined by Section 51.02, Family Code; or. 9.31. It is a defense to prosecution that the conduct in question is justified under this chapter. (b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and: (1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or. Sept. 1, 1994; Acts 1995, 74th Leg., ch. LIMITATION ON USE OF FORCE BY DRONE. (d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat. The following section was amended by the 88th Legislature. Sec. 1562), Sec. September 1, 2011. 1009, Sec. 900, Sec. 399, Sec. (2) Cite this article: FindLaw.com - Texas Penal Code - PENAL 38.04. (c) The use of deadly force is not justified under this section unless the actor reasonably believes the deadly force is specifically required by statute or unless it occurs in the lawful conduct of war. (c) The use of force to resist an arrest or search is justified: (1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and. 399, Sec. (2) involuntary commitment for mental illness under Subtitle C, Title 7, Health and Safety Code, or for chemical dependency under Chapter 462, Health and Safety Code. September 1, 2017. (1) "Emergency" has the meaning assigned by Section 38.15. June 17, 2005. Crimes and Punishments 21-1. 1, eff. We'd love to hear (a) A person commits an Location: Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 1179, 88th Legislature, Regular Session, for amendments affecting the following section. Amended by Acts 1993, 73rd Leg., ch. (3) "Economic benefit" means anything reasonably regarded as an economic gain or advantage, including accepting or offering to accept employment for a fee, accepting or offering to accept a fee, entering into a fee contract, or accepting or agreeing to accept money or anything of value. Acts 1973, 63rd Leg., p. 883, ch. 900, Sec. 38.111. 12.33 by Acts 1973, 63rd Leg., p. 1124, ch. (4) in the custody of a juvenile probation officer for violating an order imposed by the juvenile court under Section 52.01, Family Code. Sec. (b) A person commits an offense if the person: (1) knowingly finances the commission of an offense under Subsection (a); (2) invests funds the person knows or believes are intended to further the commission of an offense under Subsection (a); or.

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