Obstruction or Retaliation - Texas Gang Investigators Association

Go to content

Main menu:

Obstruction or Retaliation

Penal Code

P.C. 36.06 - Obstruction or Retaliation

(a) A person commits an offense if he intentionally or k
nowingly harms or threatens to harm another by an unlawful act:

(1) in retaliation for or on account of the service or status of another as a:


(A) public servant, witness, prospective witness, or informant; or


(B) person who has reported or who the actor knows intends to report the occurrence of a crime; or


(2) to prevent or delay the service of another as a:


(A) public servant, witness, prospective witness, or informant; or


(B) person who has reported or who the actor knows intends to report the occurrence of a crime.


(b) In this section:

(1) "Honorably retired peace officer" means a peace officer who:


(A) did not retire in lieu of any disciplinary action;


(B) was eligible to retire from a law enforcement agency or was ineligible to retire only as a result of an injury received in the course of the officer's employment with the agency; and


(C) is entitled to receive a pension or annuity for service as a law enforcement officer or is not entitled to receive a pension or annuity only because the law enforcement agency that employed the officer does not offer a pension or annuity to its employees.


(2) "Informant" means a person who has communicated information to the government in connection with any governmental function.


(3) "Public servant" includes an honorably retired peace officer.


(c) An offense under this section is a felony of the third degree
unless the victim of the offense was harmed or threatened because of the victim's service or status as a juror, in which event the offense is a felony of the second degree.

 
 
Back to content | Back to main menu