§ 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[0] 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[0] in a
public place in a manner calculated to alarm;
(9) discharges a firearm on or across a public road;
(10) exposes his **** 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.
§ 22.05. DEADLY CONDUCT. (a) A person commits an offense
if he recklessly engages in conduct that places another in imminent
danger of serious bodily injury.
(b) A person commits an offense if he knowingly discharges a
firearm at or in the direction of:
(1) one or more individuals; or
(2) a habitation, building, or vehicle and is reckless
as to whether the habitation, building, or vehicle is occupied.
(c)
Recklessness and danger are presumed if the actor
knowingly pointed a firearm at or in the direction of another
whether or not the actor believed the firearm to be loaded.
(d) For purposes of this section, "building," "habitation,"
and "vehicle" have the meanings assigned those terms by Section
30.01.
(e) An offense under Subsection (a) is a Class A
misdemeanor. An offense under Subsection (b) is a felony of the
third degree.
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.
§ 22.06. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. The
victim's effective consent or the actor's reasonable belief that
the victim consented to the actor's conduct is a defense to
prosecution under Section 22.01 (Assault), 22.02 (Aggravated
Assault), or 22.05 (Deadly Conduct) if:
(1) the conduct did not threaten or inflict serious
bodily injury; or
(2) the victim knew the conduct was a risk of:
(A) his occupation;
(B) recognized medical treatment; or
(C) a scientific experiment conducted by
recognized methods.
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.