Violation of Protective Order Preventing Offense Caused By Bias or Prejudice: Texas Penal Code §25.071

The Violation of Protective Order Preventing an Offense Caused by Bias or Prejudice crime in the state of Texas makes it a criminal offense to violate a protective order regarding bias or prejudice in any of the particular ways described by the statute.

The Texas legislature codified this criminal offense in Texas Penal Code Section 25.071. The legislature did not update this law in 2023. In fact, this law has not been amended since the legislature made nonsubstantive reference updates in 2019.

The Penal Code codifies the Texas Violation of Protective Order Preventing Offense Caused By Bias or Prejudice law under Title 6 “Offenses Against The Family,” Chapter 25 “Offenses Against The Family.” This chapter includes crimes that focus on familial, parent, and spousal relationships. Some of the offenses relate to sexual or violent behavior, while others deal with custody and possession of children. Learn more about the Texas offense of Violation of Protective Order Preventing Offense Caused By Bias or Prejudice below.

What is the current Texas law about Violation of Protective Order Preventing Offense Caused By Bias or Prejudice?

The current Texas law defines the offense of Violation of Protective Order Preventing Offense Caused By Bias or Prejudice in Penal Code Section §25.071 as follows:^[1]

(a) A person commits an offense if, in violation of an order issued under Subchapter C, Chapter 7B, Code of Criminal Procedure, the person knowingly or intentionally:

(1) commits an offense under Title 5 or Section 28.02, 28.03, or 28.08 and commits the offense because of bias or prejudice as described by Article 42.014, Code of Criminal Procedure;

(2) communicates:

(A) directly with a protected individual in a threatening or harassing manner;

(B) a threat through any person to a protected individual; or

(C) in any manner with the protected individual, if the order prohibits any communication with a protected individual; or

(3) goes to or near the residence or place of employment or business of a protected individual.

How can I be charged with a Violation of Protective Order Preventing Offense Caused By Bias or Prejudice offense in Texas?

You can be charged with Violation of Protective Order Preventing an Offense Caused by Bias or Prejudice in Texas if the state’s attorneys believe that each of the elements of 25.071(a) as described in the section above have been met.

What is the statute of limitation for Violation of Protective Order Preventing Offense Caused By Bias or Prejudice in Texas?

Misdemeanor level Violation of Protective Order Preventing Offense Caused By Bias or Prejudice charges have a two-year limitations period.^[2] Felony-level offenses have a three-year limitations period.^[3]

What is the penalty for a Texas Violation of Protective Order Preventing Offense Caused By Bias or Prejudice offense?

A conviction for Violation of Protective Order Preventing an Offense Caused by Bias or Prejudice is punished by default as a Class A misdemeanor, unless it is shown on the trial of the offense that the defendant has previously been convicted for a violation of this law two or more times or has violated the protective order by committing an assault, in which event the offense is a third degree felony.^[4] Learn about the differences between grades of felonies and misdemeanors here.

Can you get probation for Violation of Protective Order Preventing Offense Caused By Bias or Prejudice in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Violation of Protective Order Preventing Offense Caused By Bias or Prejudice, and judges are also allowed to accept deferred adjudication plea deals.^[5]

Note, however, that 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.^[6]

Do I have to register as a sex offender in Texas if guilty of Violation of Protective Order Preventing Offense Caused By Bias or Prejudice?

The Violation of Protective Order Preventing Offense Caused By Bias or Prejudice offense does not appear on the list of offenses requiring registration under Chapter 62 of the Texas Code of Criminal Procedure.^[7]

However, the legislature can add this offense to the list at any time. If that happens, people convicted of Violation of Protective Order Preventing Offense Caused By Bias or Prejudice would have to register, even if the offense did not appear on the list at the time they accepted a deferred adjudication plea (even if later dismissed), pled guilty or were founty guilty.

What level of crime is Violation of Protective Order Preventing Offense Caused By Bias or Prejudice in Texas?

The Penal Code classifies the punishment for Violation of Protective Order Preventing Offense Caused By Bias or Prejudice as a Class A misdemeanor 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 §25.071. This law is current as of the 88th Legislature Regular Session.^2. Code of Criminal Procedure 12.02(a)^3. See Code of Criminal Procedure 12.01(9)^4. Texas Penal Code §25.071(d)^5. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^6. Art. 42A.054(b), Texas Code of Criminal Procedure^7. Code of Criminal Procedure, Article 62.001