Texas statute
Tex. Penal Code § 42.04 — Defense when conduct consists of speech or other expression
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 42: DISORDERLY CONDUCT AND RELATED OFFENSES, Texas Penal Code.
Full text of Tex. Penal Code § 42.04
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(a) If conduct that would otherwise violate Section 42.01 (a)(5) (Unreasonable Noise), 42.03 (Obstructing Passageway), or 42.055 (Funeral Service Disruptions) consists of speech or other communication, of gathering with others to hear or observe such speech or communication, or of gathering with others to picket or otherwise express in a nonviolent manner a position on social, economic, political, or religious questions, the actor must be ordered to move, disperse, or otherwise remedy the violation prior to his arrest if he has not yet intentionally harmed the interests of others which those sections seek to protect. (b) The order required by this section may be given by a peace officer, a fireman, a person with authority to control the use of the premises, or any person directly affected by the violation. (c) It is a defense to prosecution under Section 42.01 (a)(5), 42.03 , or 42.055 : (1) that in circumstances in which this section requires an order no order was given; (2) that an order, if given, was manifestly unreasonable in scope; or (3) that an order, if given, was promptly obeyed.
Official sources
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