Coercion of Public Servant or Voter

Texas Criminal Law

The Coercion of Public Servant or Voter crime in the state of Texas gives police the right to arrest you if they believe you threatened a public servant to do something he or she would usually not do.

This law also makes it illegal to threaten a voter to vote or not vote in a particular manner.

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Coercion of Public Servant or Voter is classified in the Texas Penal Code under Title 8 “Offenses Against Public Administration,” Chapter 36 “Bribery And Corrupt Influence.” Learn more detailed information about the Coercion of Public Servant or Voter offense below.

What is the current Texas law about Coercion of Public Servant or Voter?

The current Texas law defines the offense of Coercion of Public Servant or Voter in Penal Code Section §36.03 as follows:[1]

(a) A person commits an offense if by means of coercion he:

(1) influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant’s known legal duty; or

(2) influences or attempts to influence a voter not to vote or to vote in a particular manner.

How can I be charged with Coercion of Public Servant or Voter?

You can be charged with Coercion of Public Servant or Voter if the state’s attorneys believe that each of the elements of 36.03(a) as described in the section above have been met.

What is the punishment for Coercion of Public Servant or Voter?

A conviction for Coercion of Public Servant or Voter is punished by default as a Class A misdemeanor,[2] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.

But if the state proves to a jury that you threatened to commit a felony against the voter, then a conviction for Coercion of Public Servant or Voter is punished as a Felony of the Third Degree,[3] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years. Learn about the differences between grades of felonies and misdemeanors


Legal References:

^1. Texas Penal Code §36.03^2. Texas Penal Code §36.03(b)^3. Texas Penal Code §36.03(b)


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