(g) An offense under Subsection (b)(1) or (2) is a state jail felony. An offense under Subsection (b)(3), (4), or (5) is a Class A misdemeanor. An offense under Subsection (b)(6) is a Class C misdemeanor, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that the person has been previously convicted of an offense under that subdivision. (5079)
Added by Acts 2011, 82nd Leg., R.S., Ch. 952 (H.B. 1043), Sec. 1, eff. September 1, 2011. (5080)
(a) A person commits an offense if the person intentionally or knowingly damages, defaces, mutilates, or burns the flag of the United States or the State of Texas. (5082)
(b) In this section, "flag" means an emblem, banner, or other standard or a copy of an emblem, standard, or banner that is an official or commonly recognized depiction of the flag of the United States or of this state and is capable of being flown from a staff of any character or size. The term does not include a representation of a flag on a written or printed document, a periodical, stationery, a painting or photograph, or an article of clothing or jewelry. (5083)
(c) It is an exception to the application of this section that the act that would otherwise constitute an offense is done in conformity with statutes of the United States or of this state relating to the proper disposal of damaged flags. (5084)
(d) An offense under this section is a Class A misdemeanor. (5085)
Added by Acts 1989, 71st Leg., 1st C.S., ch. 27, Sec. 1, eff. Sept. 1, 1989. Renumbered from Penal Code Sec. 42.14 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (5086)
(a) A person commits an offense if the person recklessly discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more. (5088)
(b) An offense under this section is a Class A misdemeanor. (5089)
(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the person may be prosecuted under either section. (5090)
(d) Subsection (a) does not affect the authority of a municipality to enact an ordinance which prohibits the discharge of a firearm. (5091)
Added by Acts 1995, 74th Leg., ch. 663, Sec. 1, eff. Sept. 1, 1995. (5092)
(a) A person commits an offense if the person knowingly directs a light from a laser pointer at a uniformed safety officer, including a peace officer, security guard, firefighter, emergency medical service worker, or other uniformed municipal, state, or federal officer. (5094)
(b) In this section, "laser pointer" means a device that emits a visible light amplified by the stimulated emission of radiation. (5095)
(c) An offense under this section is a Class C misdemeanor. (5096)
Added by Acts 2003, 78th Leg., ch. 467, Sec. 1, eff. Sept. 1, 2003. (5097)
(a) A person commits an offense if: (5099)
(1) the person intentionally directs a light from a laser pointer or other light source at an aircraft; and (5100)
(2) the light has an intensity sufficient to impair the operator's ability to control the aircraft. (5101)
(b) It is an affirmative defense to prosecution under this section that the actor was using the light to send an emergency distress signal. (5102)
(c) An offense under this section is a Class C misdemeanor unless the intensity of the light impairs the operator's ability to control the aircraft, in which event the offense is a Class A misdemeanor. (5103)
(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law. (5104)
(e) In this section, "laser pointer" has the meaning assigned by Section 42.13. (5105)
Added by Acts 2007, 80th Leg., R.S., Ch. 680 (H.B. 1586), Sec. 1, eff. September 1, 2007. (5106)
In this subchapter: (5110)
(1) "Deviate sexual intercourse" means any contact between the genitals of one person and the mouth or anus of another person. (5111)
(1-a) "Fee" means the payment or offer of payment in the form of money, goods, services, or other benefit. (5112)
(2) "Prostitution" means the offense defined in Section 43.02. (5113)
(3) "Sexual contact" means any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person. (5114)
(4) "Sexual conduct" includes deviate sexual intercourse, sexual contact, and sexual intercourse. (5115)
(5) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ. (5116)
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 373, ch. 168, Sec. 2, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (5117)
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