The Texas Interference with Radio Frequency Licensed to Government Entity law gives police the right to arrest you if they believe you interrupted or interfered with a radio frequency used by the police, firemen, or any emergency medical services.
FAQs about the
Interference with Radio Frequency Licensed to Government Entity law in Texas
- What is the current Texas law about Interference with Radio Frequency Licensed to Government Entity?
- How can I be charged with an Interference with Radio Frequency Licensed to Government Entity offense in Texas?
- What is the statute of limitation for Interference with Radio Frequency Licensed to Government Entity in Texas?
- What is the penalty for a Texas Interference with Radio Frequency Licensed to Government Entity offense?
- Can you get probation for Interference with Radio Frequency Licensed to Government Entity in Texas?
- What level of crime is Interference with Radio Frequency Licensed to Government Entity in Texas?
The Texas legislature codified this criminal offense in Texas Penal Code Section 38.152. The legislature did not update this law in 2023. In fact, this law has not been amended since 2009.
The Penal Code codifies the Texas Interference with Radio Frequency Licensed to Government Entity law under Title 8 “Offenses Against Public Administration,” Chapter 38 “Obstructing Governmental Operation.” Learn more about the Texas offense of Interference with Radio Frequency Licensed to Government Entity below.
What is the current Texas law about Interference with Radio Frequency Licensed to Government Entity?
The current Texas law defines the offense of Interference with Radio Frequency Licensed to Government Entity in Penal Code Section §38.152 as follows:[1]
(a) A person commits an offense if, without the effective consent of the law enforcement agency, fire department, or emergency medical services provider, the person intentionally interrupts, disrupts, impedes, jams, or otherwise interferes with a radio frequency that is licensed by the Federal Communications Commission to a government entity and is used by the law enforcement agency, fire department, or emergency medical services provider.
How can I be charged with an Interference with Radio Frequency Licensed to Government Entity offense in Texas?
You can be charged with Interference with Radio Frequency Licensed to Government Entity if the state’s attorneys believe that each of the elements of 38.152(a) as described in the section above have been met.
What is the statute of limitation for Interference with Radio Frequency Licensed to Government Entity in Texas?
Misdemeanor level Interference with Radio Frequency Licensed to Government Entity charges have a two-year limitations period.[2] Felony level offenses have a three-year limitations period.[3]
What is the penalty for a Texas Interference with Radio Frequency Licensed to Government Entity offense?
A conviction for Interference with Radio Frequency Licensed to Government Entity is punished by default as a Class A misdemeanor,[4] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.
However, the offense can be punished as a state jail felony if the state’s attorneys prove that you interrupted the radio frequency with the intent to make it easier to commit another offense[5] or to stop police, firemen, or an emergency medical services from responding to an emergency.[6]
Can you get probation for Interference with Radio Frequency Licensed to Government Entity in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Interference with Radio Frequency Licensed to Government Entity, and judges are also allowed to accept deferred adjudication plea deals.[7]
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.[8]
What level of crime is Interference with Radio Frequency Licensed to Government Entity in Texas?
The Penal Code classifies Interference with Radio Frequency Licensed to Government Entity as either a Class A misdemeanor or state jail felony, depending on the circumstances.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §38.152. This law is current as of the 88th Legislature Regular Session.^2. Code of Criminal Procedure 12.02(a)^3. See Code of Criminal Procedure 12.01(9)^4. Texas Penal Code §38.152(b)^5. Texas Penal Code §38.152(b)(1)^6. Texas Penal Code §38.152(b)(2)^7. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^8. Art. 42A.054(b), Texas Code of Criminal Procedure
