Taking or Attempting to Take Weapon From Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer: Texas Penal Code §38.14

Texas Criminal Law

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The Texas Taking or Attempting to Take Weapon From Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer law gives police the right to arrest you if they believe you took or attempted to take a gun, nightstick, stun gun from a peace officer, investigator, employee, or other official.

The Texas legislature codified this criminal offense in Texas Penal Code Section 38.14. The legislature did not update this law in 2023. In fact, this law has not been amended since 2019, when the legislature removed the “intention to harm” element from this law, effective for offenses occurring on or after September 1, 2019.

The Penal Code codifies the Texas Taking Weapon From Officers law under Title 8 “Offenses Against Public Administration,” Chapter 38 “Obstructing Governmental Operation.” Learn more about the Texas offense of Taking or Attempting to Take Weapon From Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer below.

What is the current Texas law about Taking or Attempting to Take Weapon From Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer?

The current Texas law defines the offense of Taking or Attempting to Take Weapon From Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer in Penal Code Section §38.14 as follows:[1]

(b) A person commits an offense if the person intentionally or knowingly and with force takes or attempts to take from a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer the officer’s, investigator’s, employee’s, or official’s firearm, nightstick, stun gun, or personal protection chemical dispensing device.

How can I be charged with a Taking Weapon From Officers offense in Texas?

You can be charged with Taking Weapon From Officers in Texas if the state’s attorneys believe that each of the elements of 38.14(b) as described in the section above have been met.

What is the statute of limitation for Taking Weapon From Officers in Texas?

Taking Weapon From Officers offenses have a three-year limitations period.[2]

What is the penalty for a Texas Taking Weapon From Officers offense?

If you actually took an officer’s weapon, then a conviction for Taking Weapon From Officers in Texas is punished as a Felony of the Third Degree,[3] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.

If you only attempted to take a officer’s weapon (but did not actually do it), then a conviction for Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer in Texas is punished as a State Jail Felony,[4] with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to 2 years. Learn about the differences between grades of felonies and misdemeanors here.

Can you get probation for Taking Weapon From Officers in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Taking Weapon From Officers, and judges are also allowed to accept deferred adjudication plea deals.[5]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.[6] Also, 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.[7]

What level of crime is Taking Weapon From Officers in Texas?

The Penal Code classifies Taking Weapon From Officers as either a state jail felony or third degree felony, depending on the circumstances.

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


^1. Texas Penal Code §38.14. This law is current as of the 88th Legislature Regular Session.^2. See Code of Criminal Procedure 12.01(9)^3. Texas Penal Code §38.14(e)(1)^4. Texas Penal Code §38.14(e)(2)^5. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^6. Art. 42A.053(c), Texas Code of Criminal Procedure^7. Art. 42A.054(b), Texas Code of Criminal Procedure


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