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Texas Laws | Penal Code
PENAL CODE
TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY

(A) bodily injury or death for the other person; (4902)

(B) bodily injury or death for a member of the other person's family or household or for an individual with whom the other person has a dating relationship; or (4903)

(C) that an offense will be committed against the other person's property; (4904)

(2) causes the other person, a member of the other person's family or household, or an individual with whom the other person has a dating relationship to be placed in fear of bodily injury or death or in fear that an offense will be committed against the other person's property, or to feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended; and (4905)

(3) would cause a reasonable person to: (4906)

(A) fear bodily injury or death for himself or herself; (4907)

(B) fear bodily injury or death for a member of the person's family or household or for an individual with whom the person has a dating relationship; (4908)

(C) fear that an offense will be committed against the person's property; or (4909)

(D) feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended. (4910)

(b) An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor has previously been convicted of an offense under this section or of an offense under any of the following laws that contains elements that are substantially similar to the elements of an offense under this section: (4911)

(1) the laws of another state; (4912)

(2) the laws of a federally recognized Indian tribe; (4913)

(3) the laws of a territory of the United States; or (4914)

(4) federal law. (4915)

(c) For purposes of this section, a trier of fact may find that different types of conduct described by Subsection (a), if engaged in on more than one occasion, constitute conduct that is engaged in pursuant to the same scheme or course of conduct. (4916)

(d) In this section: (4917)

(1) "Dating relationship," "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code. (4918)

(2) "Property" includes a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code. (4919)

Added by Acts 1997, 75th Leg., ch. 1, Sec. 1, eff. Jan. 28, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 15.02(e), eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1222, Sec. 2, eff. Sept. 1, 2001. (4920)

Amended by: (4921)

Acts 2011, 82nd Leg., R.S., Ch. 591 (S.B. 82), Sec. 1, eff. September 1, 2011. (4922)

Acts 2013, 83rd Leg., R.S., Ch. 1278 (H.B. 1606), Sec. 2, eff. September 1, 2013. (4923)

Sec. 42.08. ABUSE OF CORPSE. (4924)(Text)

(a) A person commits an offense if the person, without legal authority, knowingly: (4925)

(1) disinters, disturbs, damages, dissects, in whole or in part, carries away, or treats in an offensive manner a human corpse; (4926)

(2) conceals a human corpse knowing it to be illegally disinterred; (4927)

(3) sells or buys a human corpse or in any way traffics in a human corpse; (4928)

(4) transmits or conveys, or procures to be transmitted or conveyed, a human corpse to a place outside the state; or (4929)

(5) vandalizes, damages, or treats in an offensive manner the space in which a human corpse has been interred or otherwise permanently laid to rest. (4930)

(b) An offense under this section is a state jail felony, except that an offense under Subsection (a)(5) is a Class A misdemeanor. (4931)

(c) In this section, "human corpse" includes: (4932)

(1) any portion of a human corpse; (4933)

(2) the cremated remains of a human corpse; or (4934)

(3) any portion of the cremated remains of a human corpse. (4935)

(d) 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 both sections. (4936)

(e) It is a defense to prosecution under this section that the actor: (4937)

(1) as a member or agent of a cemetery organization, removed or damaged anything that had been placed in or on any portion of the organization's cemetery in violation of the rules of the organization; or (4938)

(2) removed anything: (4939)

(A) placed in the cemetery in violation of the rules of the cemetery organization; or (4940)

(B) placed in the cemetery by or with the cemetery organization's consent but that, in the organization's judgment, had become wrecked, unsightly, or dilapidated. (4941)

(f) In this section, "cemetery" and "cemetery organization" have the meanings assigned by Section 711.001, Health and Safety Code. (4942)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 42.10 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (4943)

Amended by: (4944)

Acts 2005, 79th Leg., Ch. 1025 (H.B. 1012), Sec. 1, eff. June 18, 2005. (4945)

Acts 2017, 85th Leg., R.S., Ch. 299 (S.B. 524), Sec. 1, eff. September 1, 2017. (4946)

Sec. 42.09. CRUELTY TO LIVESTOCK ANIMALS. (4947)(Text)

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