The Harassment by Persons in Certain Correctional Facilities; Harassment of Public Servant crime in the state of Texas makes it illegal for prisoners at a correctional facility to cause someone else in the facility to come in contact with their blood, urine, or any other body fluid with the intent to harm or otherwise disturb the person. Learn more detailed information about the Harassment by Persons in Certain Correctional Facilities; Harassment of Public Servant offense below.

Harassment by Persons in Certain Correctional Facilities; Harassment of Public Servant is classified in the Texas Penal Code under Title 5 “Offenses Against The Person,” Chapter 22 “Assaultive Offenses.”

What is the current Texas law about Harassment by Persons in Certain Correctional Facilities; Harassment of Public Servant?

The current Texas law defines the offense of Harassment By Persons In Certain Correctional Facilities; Harassment of Public Servant in Penal Code Section §22.11 as follows:^[1]

(a) A person commits an offense if, with the intent to assault, harass, or alarm, the person:

(1) while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal;

(2) while committed to a civil commitment facility, causes:

(A) an officer or employee of the Texas Civil Commitment Office to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal:

(i) while the officer or employee is lawfully discharging an official duty at a civil commitment facility; or

(ii) in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or

(B) a person who contracts with the state to perform a service in the facility or an employee of that person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal:

(i) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by the state to provide the service; or

(ii) in retaliation for or on account of the person’s or employee’s performance of a service within the scope of the contract; or

(3) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant’s official power or performance of an official duty.

How can I be charged with Harassment by Persons in Certain Correctional Facilities; Harassment of Public Servant?

You can be charged with Harassment by Persons in Certain Correctional Facilities; Harassment of Public Servant if the state’s attorneys believe that each of the elements of 22.11(a) as described in the section above have been met.

What is the punishment for Harassment by Persons in Certain Correctional Facilities; Harassment of Public Servant?

A conviction for Harassment by Persons in Certain Correctional Facilities; Harassment of Public Servant is punished as a Felony of the Third Degree,^[2] 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

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Legal References:

^1. Texas Penal Code §22.11^2. Texas Penal Code §22.11(b)