Harrassment By Persons In Certain Correctional Facilities; Harrassment of a Public Servant

From the Law Office of Alison Grinter in Dallas, Texas

Contents 1 Degree 2 Statute(s) 3 Caselaw 4 Collateral Consequences 5 Notes

Degree

It is a third degree felony to assault or harrass another person while incarcerated by causing the bodily substances of any person or animal to touch another person.

Statute(s)

§ 22.11. HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL FACILITIES; HARASSMENT OF PUBLIC SERVANT.

(a) A person commits an offense if, with the intent to assault, harass, or alarm, the person:

     (1) while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal; or

     (2) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty.

(b) An offense under this section is a felony of the third degree.

(c) 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.

(d) In this section, "correctional or detention facility" means:

     (1) a secure correctional facility; or

     (2) a "secure correctional facility" or a "secure detention facility" as defined by Section 51.02, Family Code, operated by or under contract with a juvenile board or the Texas Youth Commission or any other facility operated by or under contract with that commission.

(e) For purposes of Subsection (a)(2), the actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant.

Added by Acts 1999, 76th Leg., ch. 335, § 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 878, § 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1006, § 1, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 543, § 1, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 543, § 2, eff. September 1, 2005.

Caselaw

Collateral Consequences

Felony Conviction
Adoption and Foster Care

Notes

According to CCP 21.31, A Court may order any manner of diagnostic testing for communicable diseases (at Defendant's expense) of anyone charged with this offense, but the state can not use any positive test results against the defendant.