Interference with Public Duties: Texas Penal Code §38.15

The Texas Interference with Public Duties law gives police the right to arrest you if they believe you interfered with the duties of a peace officer, a medical service worker, firefighter, investigator, animal control worker, or others trying to radio-in an emergency as described in the statute.

The Texas legislature codified this criminal offense in Texas Penal Code Section 38.15. The legislature did not update this law in 2023. In fact, this law has not been amended since 2015.

The Penal Code classifies the Texas Interference with Public Duties law under Title 8 “Offenses Against Public Administration,” Chapter 38 “Obstructing Governmental Operation.” Learn more about the Texas offense of Interference with Public Duties below.

What is the current Texas law about Interference with Public Duties?

Texas law currently defines the offense of Interference with Public Duties in Penal Code Section §38.15 as follows:^[1]

(a) A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with:

(1) a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law;

(2) a person who is employed to provide emergency medical services including the transportation of ill or injured persons while the person is performing that duty;

(3) a fire fighter, while the fire fighter is fighting a fire or investigating the cause of a fire;

(4) an animal under the supervision of a peace officer, corrections officer, or jailer, if the person knows the animal is being used for law enforcement, corrections, prison or jail security, or investigative purposes;

(5) the transmission of a communication over a citizen’s band radio channel, the purpose of which communication is to inform or inquire about an emergency;

(6) an officer with responsibility for animal control in a county or municipality, while the officer is performing a duty or exercising authority imposed or granted under Chapter 821 or 822, Health and Safety Code; or

(7) a person who:

(A) has responsibility for assessing, enacting, or enforcing public health, environmental, radiation, or safety measures for the state or a county or municipality;

(B) is investigating a particular site as part of the person’s responsibilities under Paragraph (A);

(C) is acting in accordance with policies and procedures related to the safety and security of the site described by Paragraph (B); and

(D) is performing a duty or exercising authority imposed or granted under the Agriculture Code, Health and Safety Code, Occupations Code, or Water Code.

How can I be charged with an Interference with Public Duties offense in Texas?

You can be charged with Interference with Public Duties in Texas if the state’s attorneys believe that each of the elements of 38.15(a) as described in the section above have been met.

What is the statute of limitation for Interference with Public Duties in Texas?

As a misdemeanor, Interference with Public Duties charges have a two-year limitations period.^[2]

What is the penalty for a Texas Interference with Public Duties offense?

A conviction for Interference with Public Duties in Texas is punished as a Class B misdemeanor,^[3] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days.

Can you get probation for Interference with Public Duties in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Interference with Public Duties, and judges are also allowed to accept deferred adjudication plea deals.^[4]

Note, however, that 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.^[5]

What level of crime is Interference with Public Duties in Texas?

The Penal Code classifies Interference with Public Duties as a Class B misdemeanor.

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

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Legal References:

^1. Texas Penal Code §38.15. This law is current as of 2024.^2. See Code of Criminal Procedure 12.02(a)^3. Texas Penal Code §38.15(b)^4. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^5. Art. 42A.054(b), Texas Code of Criminal Procedure