§ 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
§ 38.111 Improper Contact With Victim
§ 38.113 Unauthorized Absence From Community Corrections Facility, County Correctional Center, or Assignment Site
§ 38.114 Contraband in Correctional Facility
§ 38.12 Barratry and Solicitation of Professional Employment
§ 38.122 Falsely Holding Oneself Out as a Lawyer
§ 38.123 Unauthorized Practice of Law
§ 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
§ 38.151 Interference With Police Service Animals
§ 38.152 Interference With Radio Frequency Licensed to Government Entity
§ 38.16 Preventing Execution of Civil Process
§ 38.17 Failure to Stop or Report Aggravated Sexual Assault of Child
§ 38.171 Failure to Report Felony
§ 38.18 Use of Accident Report Information and Other Information for Pecuniary Gain
§ 38.19 Failure to Provide Notice and Report of Death of Resident of Institution

Terms Used In Texas Penal Code Chapter 38 - Obstructing Governmental Operation

  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
  • Agency: includes authority, board, bureau, commission, committee, council, department, district, division, and office. See Texas Penal Code 1.07
  • Alcoholic beverage: has the meaning assigned by Section Texas Penal Code 1.07
  • Allegation: something that someone says happened.
  • Another: means a person other than the actor. See Texas Penal Code 1.07
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Benefit: means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. See Texas Penal Code 1.07
  • Bodily injury: means physical pain, illness, or any impairment of physical condition. See Texas Penal Code 1.07
  • Civil commitment facility: means a facility owned, leased, or operated by the state, or by a vendor under contract with the state, that houses only persons who have been civilly committed as sexually violent predators under Chapter Texas Penal Code 1.07
  • Claims: includes :
    (1) liabilities of a decedent that survive the decedent's death, including taxes, regardless of whether the liabilities arise in contract or tort or otherwise;
    (2) funeral expenses;
    (3) the expense of a tombstone;
    (4) expenses of administration;
    (5) estate and inheritance taxes; and
    (6) debts due such estates. See Texas Estates Code 22.005
  • Coercion: means a threat, however communicated:
    (A) to commit an offense;
    (B) to inflict bodily injury in the future on the person threatened or another;
    (C) to accuse a person of any offense;
    (D) to expose a person to hatred, contempt, or ridicule;
    (E) to harm the credit or business repute of any person; or
    (F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action. See Texas Penal Code 1.07
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
  • Consent: means assent in fact, whether express or apparent. See Texas Penal Code 1.07
  • Controlled substance: has the meaning assigned by Section Texas Penal Code 1.07
  • Conviction: A judgement of guilt against a criminal defendant.
  • Correctional facility: means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. See Texas Penal Code 1.07
  • Court: means and includes:
    (1) a county court in the exercise of its probate jurisdiction;
    (2) a court created by statute and authorized to exercise original probate jurisdiction; and
    (3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dangerous drug: has the meaning assigned by Section Texas Penal Code 1.07
  • Deadly weapon: means :
    (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
    (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. See Texas Penal Code 1.07
  • Death: includes , for an individual who is an unborn child, the failure to be born alive. See Texas Penal Code 1.07
  • Decedent: A deceased person.
  • Devisee: includes a legatee. See Texas Estates Code 22.009
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Distributee: means a person who is entitled to a part of the estate of a decedent under a lawful will or the statutes of descent and distribution. See Texas Estates Code 22.010
  • Effective consent: includes consent by a person legally authorized to act for the owner. See Texas Penal Code 1.07
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Federal special investigator: means a person described by Article 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
  • Fraud: Intentional deception resulting in injury to another.
  • Government: means :
    (A) the state;
    (B) a county, municipality, or political subdivision of the state; or
    (C) any branch or agency of the state, a county, municipality, or political subdivision. See Texas Penal Code 1.07
  • Heir: means a person who is entitled under the statutes of descent and distribution to a part of the estate of a decedent who dies intestate. See Texas Estates Code 22.015
  • Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Penal Code 1.07
  • Intestate: Dying without leaving a will.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • 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
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Minor: means a person younger than 18 years of age who:
    (1) has never been married; and
    (2) has not had the disabilities of minority removed for general purposes. See Texas Estates Code 22.022
  • Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
  • Official proceeding: means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant. See Texas Penal Code 1.07
  • Peace officer: means a person elected, employed, or appointed as a peace officer under Article 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
  • person interested: means :
    (1) an heir, devisee, spouse, creditor, or any other having a property right in or claim against an estate being administered; and
    (2) anyone interested in the welfare of an incapacitated person, including a minor. See Texas Estates Code 22.018
  • Personal property: includes an interest in:
    (1) goods;
    (2) money;
    (3) a chose in action;
    (4) an evidence of debt; and
    (5) a real chattel. See Texas Estates Code 22.028
  • Personal property: All property that is not real property.
  • personal representative: include :
    (1) an executor and independent executor;
    (2) an administrator, independent administrator, and temporary administrator; and
    (3) a successor to an executor or administrator listed in Subdivision (1) or (2). See Texas Estates Code 22.031
  • Possession: means actual care, custody, control, or management. See Texas Penal Code 1.07
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Public servant: means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties:
    (A) an officer, employee, or agent of government;
    (B) a juror or grand juror; or
    (C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or
    (D) an attorney at law or notary public when participating in the performance of a governmental function; or
    (E) a candidate for nomination or election to public office; or
    (F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so. See Texas Penal Code 1.07
  • Rule: includes regulation. See Texas Penal Code 1.07
  • Secure correctional facility: means :
    (A) a municipal or county jail; or
    (B) a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice. See Texas Penal Code 1.07
  • Serious bodily injury: means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. See Texas Penal Code 1.07
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • sworn: includes affirm or affirmed. See Texas Government Code 312.011
  • Unlawful: means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege. See Texas Penal Code 1.07
  • Will: includes :
    (1) a codicil; and
    (2) a testamentary instrument that merely:
    (A) appoints an executor or guardian;
    (B) directs how property may not be disposed of; or
    (C) revokes another will. See Texas Estates Code 22.034