The Texas Obstruction or Retaliation law makes it illegal to harm or threaten to harm someone by means of any kind of unlawful act in retaliation for something they did or to prevent something they might do as a public servant (like a judge, a witness, or the police).
FAQs about the
Obstruction or Retaliation law in Texas
- What is the current Texas law about Obstruction or Retaliation?
- What is the penalty for a Texas Obstruction or Retaliation offense?
- How can I be charged with an Obstruction or Retaliation offense in Texas?
- What is the statute of limitations for Obstruction or Retaliation in Texas?
- Can you get probation for Obstruction or Retaliation in Texas?
- What level of crime is Obstruction or Retaliation in Texas?
The law also specifically prohibits retaliation by posting a public servant’s residence address or phone number on a publicly accessible website or, effective September 1, 2025, by disclosing that information through an electronic communication, and this protection extends to members of the public servant’s family or household.
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The Texas Legislature codified this criminal offense in Texas Penal Code Section 36.06. The law was amended in 2015 when the Legislature added subsection (a-1) to the statute, which deals with posting the addresses of public servants on the internet. Then, in 2025, the Legislature expanded the “doxxing” provision to cover disclosures made through electronic communication and to broaden who counts as a “public servant.” These 2025 amendments take effect September 1, 2025.
The Penal Code classifies the Texas Obstruction or Retaliation law under Title 8 “Offenses Against Public Administration,” Chapter 36 “Bribery And Corrupt Influence.” Learn more about the Texas offense of Obstruction or Retaliation below.
What is the current Texas law about Obstruction or Retaliation?
Texas Penal Code §36.06 currently defines Obstruction or Retaliation 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 or discloses through an electronic communication 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.
Amendments effective in 2015
The Legislature added subsection (a-1) in 2015, effective September 1, 2015.[2]
Amendments effective in 2025
In 2025, the Legislature expanded the retaliation-by-doxxing provision to include disclosures made through electronic communication[3] and broadened the definition of “public servant” to include certain civil commitment contractors and employees.[4] These changes apply to offenses committed on or after September 1, 2025.[5]
What is the penalty for a Texas Obstruction or Retaliation offense?
A conviction for Obstruction or Retaliation is punished as a felony of the third degree, except that the offense is a felony of the second degree under either one of two conditions: (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.[6]
How can I be charged with an Obstruction or Retaliation offense in Texas?
You can be charged with Obstruction or Retaliation in Texas if the state’s attorneys believe that they can prove each of the elements of §36.06(a)(1), (a)(2), or (a-1), as described in the section above.
What is the statute of limitations for Obstruction or Retaliation in Texas?
The statute of limitations for Obstruction or Retaliation offenses in Texas is three years.[7]
Can you get probation for Obstruction or Retaliation in Texas?
Yes. Probation is generally available for Obstruction or Retaliation in Texas. The Texas Code of Criminal Procedure allows both judges and juries to grant community supervision, commonly called probation, for Obstruction or Retaliation, and judges may also grant deferred adjudication community supervision.[8]
However, important restrictions apply. Neither a judge nor a jury may grant community supervision if the imposed term of imprisonment exceeds 10 years.[9] Additionally, a judge 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.[10]
What level of crime is Obstruction or Retaliation in Texas?
The Penal Code classifies Obstruction or Retaliation as either a second or third degree felony, depending on the circumstances.
Learn more about the penalty range for this offense in the section above.
Legal References compiled by attorney Paul Saputo:
