The Obstruction or Retaliation crime in the state of Texas makes it illegal to threaten to harm a public servant (like a judge or the police) in retaliation.

The law specifically prohibits posting contact information of public servants in addition to making threats.

Obstruction or Retaliation 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 Obstruction or Retaliation offense below.

What is the current Texas law about Obstruction or Retaliation?

The current Texas law defines the offense of Obstruction or Retaliation in Penal Code Section §36.06 as follows:^[1]

(a) A person commits an offense if the person intentionally or knowingly harms or threatens to harm another by an unlawful act:

(1) in retaliation for or on account of the service or status of another as a:

(A) public servant, witness, prospective witness, or informant; or

(B) person who has reported or who the actor knows intends to report the occurrence of a crime; or

(2) to prevent or delay the service of another as a:

(A) public servant, witness, prospective witness, or informant; or

(B) person who has reported or who the actor knows intends to report the occurrence of a crime.

(a-1) A person commits an offense if the person posts on a publicly accessible website the residence address or telephone number of an individual the actor knows is a public servant or a member of a public servant’s family or household with the intent to cause harm or a threat of harm to the individual or a member of the individual’s family or household in retaliation for or on account of the service or status of the individual as a public servant.

How can I be charged with Obstruction or Retaliation?

You can be charged with Obstruction or Retaliation if the state’s attorneys believe that they can prove each of the elements of 36.06(a)(1), (a)(2) or (a-2), as described in the section above.

What is the punishment for Obstruction or Retaliation?

A conviction for Obstruction or Retaliationis punished as a felony of the third degree, except that the offense is a felony of the second degree if: (1) the victim of the offense was harmed or threatened because of the victim’s service or status as a juror; or (2) the actor’s conduct is described by Subsection (a-1) and results in the bodily injury of a public servant or a member of a public servant’s family or household.^[2]

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Legal References:

^1. Texas Penal Code §36.06^2. Texas Penal Code §36.06(c)