Tex. Penal Code Section 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 Subchapter C (Request for Protective Order), Chapter 7B (Protective Orders), Code of Criminal Procedure, the person knowingly or intentionally:

(1)

commits an offense under Title 5 or Section 28.02 (Arson), 28.03 (Criminal Mischief), or 28.08 (Graffiti) and commits the offense because of bias or prejudice as described by Article 42.014 (Finding that Offense Was Committed Because of Bias or Prejudice), 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.
Added by Acts 2001, 77th Leg., ch. 85, Sec. 3.02, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.59, eff. January 1, 2021.

Source: Section 25.071 — Violation of Protective Order Preventing Offense Caused by Bias or Prejudice, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­25.­htm#25.­071 (accessed Apr. 20, 2024).

Accessed:
Apr. 20, 2024

§ 25.071’s source at texas​.gov