Harassment By Persons In Certain Facilities; Harassment Of Public Servant: Texas Penal Code §22.11

The Harassment By Persons In Certain Facilities; Harassment Of Public Servant law in the state of Texas makes it illegal for anyone to cause a public servant to come in contact with their blood, urine, or any other body fluid with the intent to assault, harass, or alarm.

The law also makes it illegal for prisoners at a correctional facility or civil committment facility to cause someone else in the facility to come in contact with their blood, urine, or any other body fluids with the intent to assault, harass, or alarm.

The Texas legislature codified this criminal offense in Texas Penal Code Section 22.11. The law was amended in 2017 by expanding the application of the law to civil commitment facilities. In 2025, lawmakers broadened this offense to cover any fluid or liquid, expanded the list of prohibited intents (adding “annoy, abuse, torment, or embarrass”), added a uniform/badge presumption for civil-commitment cases, and clarified that warning the target is no defense.

The Penal Code classifies the Texas Harassment By Persons In Certain Facilities; Harassment Of Public Servant law under Title 5 “Offenses Against The Person,” Chapter 22 “Assaultive Offenses.” Learn more about the Texas offense of Harassment By Persons In Certain Facilities; Harassment Of Public Servant below.

What is the current Texas law about Harassment By Persons In Certain Facilities; Harassment Of Public Servant?

AV Preeminent Texas lawyer Paul Saputo states the current law defining Harassment By Persons In Certain Facilities; Harassment Of Public Servant in Penal Code Section §22.11, effective September 1, 2025, as follows:^[1]

(a) A person commits an offense if, with the intent to assault, harass, annoy, alarm, abuse, torment, or embarrass 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, or any other fluid or liquid;

(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, or any other fluid or liquid:

(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, or any other fluid or liquid:

(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, or any other fluid or liquid, 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 the law applied to conduct before September 1, 2025

For offenses committed before September 1, 2025, the former version of the statute governs: the prohibited intents were limited to assault, harass, or alarm (and did not include annoy, abuse, torment, or embarrass), and the statute covered only specifically listed bodily fluids (blood, semen, vaginal fluid, saliva, urine, or feces) rather than “any other fluid or liquid.”^[2]

The new uniform/badge presumption in subsection (f) does not apply to pre-September 1, 2025 conduct.^[3]

What is the penalty for a Texas Harassment By Persons In Certain Facilities; Harassment Of Public Servant offense?

Violations of this law are punished as a third degree felonies,^[4] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.

What changed in 2017?

In 2017, the legislature created a subsection (2) of this offense, which added inmates of civil commitment facilities to the group of people that can commit this offense.^[5]

What changed in 2025?

The legislature expanded the prohibited intents in subsection (a) to include “annoy, abuse, torment, or embarrass,” in addition to assault, harass, or alarm.^[6]

The statute also broadened the covered substances to include “any other fluid or liquid,” not just specifically listed bodily fluids.^[7]

New subsection (f) creates a presumption of knowledge in civil-commitment cases if the person was wearing a distinctive uniform or badge indicating Texas Civil Commitment Office status or contractor status.^[8]

New subsection (g) clarifies it is not a defense that the actor warned anyone about the intended violation of subsection (a).^[9]

These amendments apply to conduct occurring on or after September 1, 2025; earlier conduct is governed by the former law.^[10]

How can I be charged with an Harassment By Persons In Certain Facilities; Harassment Of Public Servant offense in Texas?

You can be charged with Harassment by Persons in Certain Correctional Facilities; Harassment of Public Servant in Texas 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 statute of limitations for Harassment By Persons In Certain Facilities; Harassment Of Public Servant in Texas?

Harassment By Persons In Certain Facilities; Harassment Of Public Servant offenses have a three-year limitations period.^[11]

Can you get probation for Harassment By Persons In Certain Facilities; Harassment Of Public Servant in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Harassment By Persons In Certain Facilities; Harassment Of Public Servant, and judges are also allowed to accept deferred adjudication plea deals.^[12]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[13] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[14]

Do I have to register as a sex offender in Texas if guilty of Harassment By Persons In Certain Facilities; Harassment Of Public Servant?

The Harassment By Persons In Certain Facilities; Harassment Of Public Servant offense does not appear on the list of offenses requiring registration under Chapter 62 of the Texas Code of Criminal Procedure.^[15]

However, the legislature can add this offense to the list at any time. If that happens, people convicted of Harassment By Persons In Certain Facilities; Harassment Of Public Servant would have to register, even if the offense did not appear on the list at the time they accepted a deferred adjudication plea (even if later dismissed), pled guilty or were found guilty.

What level of crime is Harassment By Persons In Certain Facilities; Harassment Of Public Servant in Texas?

The Penal Code classifies the punishment for Harassment By Persons In Certain Facilities; Harassment Of Public Servant as a third degree felony.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §22.11. This law is current as of 2025.^2. SB 1610, 89th Legislature (RS), Sections 6, 37, 43^3. SB 1610, 89th Legislature (RS), Sections 37, 43^4. Texas Penal Code §22.11(b)^5. SB 1576, 85th Legislature, Section 29^6. Texas Penal Code §22.11(a), as amended by SB 1610, 89th Legislature (RS), Section 6^7. Texas Penal Code §22.11(a), as amended by SB 1610, 89th Legislature (RS), Section 6^8. Texas Penal Code §22.11(f), as amended by SB 1610, 89th Legislature (RS), Section 6^9. Texas Penal Code §22.11(g), as amended by SB 1610, 89th Legislature (RS), Section 6^10. SB 1610, 89th Legislature (RS), Sections 37, 43^11. See Code of Criminal Procedure §12.01(11)^12. See Chapter 42A, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^13. Art. 42A.053(c), Texas Code of Criminal Procedure^14. Art. 42A.054(b), Texas Code of Criminal Procedure^15. Code of Criminal Procedure, Article 62.001