" />
attorney next to Smoking Tobacco text

Smoking Tobacco

The Smoking Tobacco crime in the state of Texas gives police the right to arrest you if they believe you smoked tobacco or used an e-cigarette in one of the prohibited places listed in the statute. Learn more detailed information about the Smoking Tobacco offense below.

Have you been charged with Smoking Tobacco? Call criminal lawyer Paul Saputo at (888) 239-9305.

Smoking Tobacco is classified in the Texas Penal Code under Title 10 “Offenses Against Public Health, Safety, And Morals,” Chapter 48 “Conduct Affecting Public Health.”

What is the law in Texas about Smoking Tobacco?

The offense is described in Section 48.01 of the Texas Penal Code.

(a-1) A person commits an offense if the person is in possession of a burning tobacco product, smokes tobacco, or operates an e-cigarette in a facility of a public primary or secondary school or an elevator, enclosed theater or movie house, library, museum, hospital, transit system bus, intrastate bus, plane, or train which is a public place.

How can I be charged with Smoking Tobacco?

You can be charged with Smoking Tobacco if the state’s attorneys believe that each of the elements of 48.01(a-1) as described in the section above have been met.

What is the punishment for Smoking Tobacco?

A conviction for Smoking Tobacco is punished as a Class C misdemeanor,1 with a maximum possible fine under Texas state law of up to $500. Learn about the differences between grades of felonies and misdemeanors

Does the Smoking Tobacco offense apply to e-cigarettes?


Legal References:

1Texas Penal Code Section 48.01(f)

Published by Criminal Defense Attorney on and last modified