Texas Penal Code 50.02 – Unlawful Use of Fireworks
Current as of: 2024 | Check for updates
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(a) A person commits an offense if the person explodes or ignites fireworks with the intent to:
(1) interfere with the lawful performance of an official duty by a law enforcement officer; or
(2) flee from a person the actor knows is a law enforcement officer attempting to lawfully arrest or detain the actor.
(b) Except as provided by Subsections (c) and (d), an offense under this section is a state jail felony.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Second degree felony | between 2 and 20 years | up to $10,000 |
Terms Used In Texas Penal Code 50.02
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
- Arrest: Taking physical custody of a person by lawful authority.
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Texas Penal Code 1.07
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
(c) An offense under this section that involves any firework that is not a consumer firework is a second degree felony.
(d) Notwithstanding Subsection (c), an offense under this section is a felony of the first degree if the offense causes serious bodily injury to a person the actor knows is a law enforcement officer while the law enforcement officer is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a law enforcement officer.
(e) If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.