The Texas Tampering with Consumer Product crime prohibits altering consumer products in a way that would make them dangerous if you know that the products will be distributed to the public.
TAMPERING WITH CONSUMER PRODUCT ATTORNEY FAQs
The offense also prohibits threatening to tamper with products if you intend to cause fear, affect the sale of the product, or cause bodily injury. Learn more detailed information about the offense below.
Have you been charged with Tampering With Consumer Product? Book a consultation to discuss legal representation with criminal defense attorneys Paul Saputo and Nicholas Toufexis today.
Tampering with Consumer Product is classified in the Texas Penal Code under Title 5 “Offenses Against The Person,” Chapter 22 “Assaultive Offenses.”
What is the current Texas law about Tampering with Consumer Product?
There are two ways to violate this law. One is defined in subsection (b), and the other in Subsection (c)[1]
(b) A person commits an offense if he knowingly or intentionally tampers with a consumer product knowing that the consumer product will be offered for sale to the public or as a gift to another.
(c) A person commits an offense if he knowingly or intentionally threatens to tamper with a consumer product with the intent to cause fear, to affect the sale of the consumer product, or to cause bodily injury to any person.
Both “tampering” and “consumer product” are defined in the statute. A “Consumer Product” for the purposes of this law is any “product offered for sale to or for consumption by the public and includes “food” and “drugs” as those terms are defined in Section 431.002, Health and Safety Code.”[2] For the purposes of this law, “tampering” as “to alter or add a foreign substance to a consumer product to make it probable that the consumer product will cause serious bodily injury.”[3]
How can I be charged with Tampering with Consumer Product?
You can be charged with Tampering with Consumer Product if the state’s attorneys believe that each of the elements of 22.09(a) as described in the section above have been met.
What is the punishment for Tampering with Consumer Product?
A conviction for Tampering with Consumer Product under subsection (b) is punished as a second degree felony,[4] with a maximum possible fine under Texas state law of up to $10,000 and prison time from 2 to 20 years, unless the below enhacement applies. Learn about the differences between grades of felonies and misdemeanors
If the state’s attorneys can prove to a jury that you caused someone a serious bodily injury as a result of tampering with the consumer product, then a conviction is punished as a First Degree Felony,[5] with a maximum possible fine under Texas state law of up to $10,000 and up to life in prison.
A conviction under subsection (c) is punished as a third degree felony,[6] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.
Legal References:
^1. Texas Penal Code §22.09^2. Texas Penal Code §22.09(a)(1)^3. Texas Penal Code §22.09(a)(2)^4. Texas Penal Code §22.09(d)^5. Texas Penal Code §22.09(d)^6. Texas Penal Code §22.09(d)
