Obstruction or Retaliation

From the Law Office of Alison Grinter in Dallas, Texas

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

Degree

Obstruction or Retaliation is a third degree felony unless the victim of the offense was harmed or threatened because of the victim's service or status as a juror, in which event the offense is a felony of the second degree.

Statute(s)

§ 36.06. OBSTRUCTION OR RETALIATION.
(a) A person commits an offense if he intentionally or knowingly harms or threatens to harm another by an unlawful act:
    (1) in retaliation for or on account of the service or status of another as a:
       (A) public servant, witness, prospective witness, or informant; or
       (B) person who has reported or who the actor knows intends to report the occurrence of a crime; or
    (2) to prevent or delay the service of another as a:
        (A) public servant, witness, prospective witness, or informant; or
        (B) person who has reported or who the actor knows intends to report the occurrence of a crime.
(b) In this section:
    (1) "Honorably retired peace officer" means a peace officer who:
       (A) did not retire in lieu of any disciplinary action;
       (B) was eligible to retire from a law enforcement agency or was ineligible to retire only as a result of an injury received in the course of the officer's employment with the agency; and
       (C) is entitled to receive a pension or annuity for service as a law enforcement officer or is not entitled to receive a pension or annuity only because the law enforcement agency that employed the officer does not offer a pension or annuity to its employees.
    (2) "Informant" means a person who has communicated information to the government in connection with any governmental function.
    (3) "Public servant" includes an honorably retired peace officer.
(c) An offense under this section is a felony of the third degree unless the victim of the offense was harmed or threatened because of the victim's service or status as a juror, in which event the offense is a felony of the second degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 3238, ch. 558, § 4, eff. Sept. 1, 1983; Acts 1989, 71st Leg., ch. 557, § 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 239, § 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 835, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 246, § 1, eff. Sept. 1, 2003.