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. The offense also prohibits threatening to do this if you intend to cause fear, affect the sale of the product, or cause bodily injury. Learn more detailed information about the Tampering with Consumer Product offense below.

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?

The current Texas law defines the offense of Tampering With Consumer Product in Penal Code Section §22.09 as follows:^[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.

Both “tampering” and “consumer product” are defined in subsection (a) of the statute. A “Consumer Product” is defined in subsection (a)(1) as 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.” “Tampering” is defined in subsection (a)(2) 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.”

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,^[2] 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,^[3] with a maximum possible fine under Texas state law of up to $10,000 and up to life in prison.

A conviction for Tampering with Consumer Product under subsection (c) is punished as a Third Degree Felony,^[4] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.

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Legal References:

^1. Texas Penal Code §22.09^2. Texas Penal Code §22.09(d)^3. Texas Penal Code §22.09(d)^4. Texas Penal Code §22.09(d)