Tampering With Consumer Product: Texas Penal Code §22.09

The Texas Tampering with Consumer Product law prohibits altering consumer products in a way that would make them dangerous if you know that the products will be distributed to the public.

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.

The Texas legislature codified this criminal offense in Texas Penal Code Section 22.09. The law was not updated in 2023. In fact, this law has not been amended since 1993.

The Penal Code classifies the Texas Tampering With Consumer Product law under Title 5 “Offenses Against The Person,” Chapter 22 “Assaultive Offenses.” Learn more about the Texas offense of Tampering With Consumer Product below.

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, the definition of “tampering” is “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 a Tampering With Consumer Product offense in Texas?

You can be charged with Tampering with Consumer Product in Texas 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 statute of limitation for Tampering With Consumer Product in Texas?

Tampering With Consumer Product offenses have a three-year limitations period.^[4]

What is the penalty for a Texas Tampering With Consumer Product offense?

A conviction for Tampering with Consumer Product under subsection (b) is punished as a second degree felony,^[5] 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.

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,^[6] 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,^[7] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.

Can you get probation for Tampering With Consumer Product in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Tampering With Consumer Product, and judges are also allowed to accept deferred adjudication plea deals.^[8]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[9] 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.^[10]

What level of crime is Tampering With Consumer Product in Texas?

The Penal Code classifies the punishment for Tampering With Consumer Product as a first, second, or third degree felony, depending on the circumstances.

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

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Legal References:

^1. Texas Penal Code §22.09. This law is current as of 2024.^2. Texas Penal Code §22.09(a)(1)^3. Texas Penal Code §22.09(a)(2)^4. See Code of Criminal Procedure 12.01(9)^5. Texas Penal Code §22.09(d)^6. Texas Penal Code §22.09(d)^7. Texas Penal Code §22.09(d)^8. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^9. Art. 42A.053(c), Texas Code of Criminal Procedure^10. Art. 42A.054(b), Texas Code of Criminal Procedure