Tex. Penal Code Section 38.14
Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer

(a)

In this section:

(1)

“Firearm” has the meanings assigned by Section 46.01 (Definitions).

(2)

“Stun gun” means a device designed to propel darts or other projectiles attached to wires that, on contact, will deliver an electrical pulse capable of incapacitating a person.

(3)

“Commissioned security officer” has the meaning assigned by Section 1702.002 (Definitions)(5), Occupations Code.

(b)

A person commits an offense if the person intentionally or knowingly and with force takes or attempts to take from a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer the officer’s, investigator’s, employee’s, or official’s firearm, nightstick, stun gun, or personal protection chemical dispensing device.

(c)

The actor is presumed to have known that the peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer was a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer if:

(1)

the officer, investigator, employee, or official was wearing a distinctive uniform or badge indicating his employment; or

(2)

the officer, investigator, employee, or official identified himself as a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer.

(d)

It is a defense to prosecution under this section that the defendant took or attempted to take the weapon from a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer who was using force against the defendant or another in excess of the amount of force permitted by law.

(e)

An offense under this section is:

(1)

a felony of the third degree, if the defendant took a weapon described by Subsection (b) from an officer, investigator, employee, or official described by that subsection; and

(2)

a state jail felony, if the defendant attempted to take a weapon described by Subsection (b) from an officer, investigator, employee, or official described by that subsection.
Added by Acts 1989, 71st Leg., ch. 986, Sec. 1, eff. Sept. 1, 1989. Renumbered from Penal Code Sec. 38.16 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(25), eff. Sept. 6, 1990. Renumbered from Penal Code Sec. 38.17 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1999, 76th Leg., ch. 714, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 322, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1201 (H.B. 582), Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 394 (H.B. 1721), Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 942 (H.B. 3147), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 942 (H.B. 3147), Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 942 (H.B. 3147), Sec. 3, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 839 (H.B. 3423), Sec. 5, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 839 (H.B. 3423), Sec. 6, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 647 (S.B. 1754), Sec. 1, eff. September 1, 2019.

Source: Section 38.14 — Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­38.­htm#38.­14 (accessed Jun. 5, 2024).

38.01
Definitions 38.02
Failure to Identify 38.03
Resisting Arrest, Search, or Transportation 38.04
Evading Arrest or Detention 38.05
Hindering Apprehension or Prosecution 38.06
Escape 38.07
Permitting or Facilitating Escape 38.08
Effect of Unlawful Custody 38.09
Implements for Escape 38.10
Bail Jumping and Failure to Appear 38.11
Prohibited Substances and Items in Correctional or Civil Commitment Facility 38.12
Barratry and Solicitation of Professional Employment 38.13
Hindering Proceedings by Disorderly Conduct 38.14
Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer 38.15
Interference with Public Duties 38.16
Preventing Execution of Civil Process 38.17
Failure to Stop or Report Aggravated Sexual Assault of Child 38.18
Use of Collision Report Information and Other Information for Pecuniary Gain 38.19
Failure to Provide Notice and Report of Death of Resident of Institution 38.111
Improper Contact with Victim 38.112
Tampering with Electronic Monitoring Device 38.113
Unauthorized Absence from Community Corrections Facility, County Correctional Center, or Assignment Site 38.114
Contraband in Correctional Facility 38.115
Operation of Unmanned Aircraft over Correctional Facility or Detention Facility 38.122
Falsely Holding Oneself out as a Lawyer 38.123
Unauthorized Practice of Law 38.151
Interference with Police Service Animals 38.152
Interference with Radio Frequency Licensed to Government Entity 38.171
Failure to Report Felony 38.172
Failure to Report Assault, Neglect, or Omission of Care in Certain Group Homes
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Accessed:
Jun. 5, 2024

§ 38.14’s source at texas​.gov