A person commits disorderly conduct if he or she
intentionally or knowingly:
If an individual commits the crime of disorderly conduct,
the punishment is a <class C misdemeanor>. However, if disorderly conduct
is committed under (7) or (8), it is a <Class B misdemeanor>.
A possible defense is if an individual had significant
provocation for his or her abusive or threatening conduct; the individual may
have a defense to his or her act. Under (7) or (9), it is a defense if the
person who discharged the firearm had a reasonable fear of bodily injury to the
person or to another by a dangerous wild animal.
Additionally, words that may be considered abusive, profane, indecent, vulgar, or threatening, may not be prohibited by law. Under the Constitution of the United States of America and specifically the First Amendment, only fighting words or conduct can be prohibited; fighting words or conduct are words or conduct that is likely to cause an ordinary person to react in a violent manner. There is no laundry list stating what words and conduct arise to the level of “fighting;” it can only be determined by using the facts and circumstances of the situation. Many First Amendment issues are raised in the offense of disorderly conduct.
The exact language of this law, further details, and
additional punishment concerns can be found in section 42.01 of the Texas Penal Code (see Links). None of this information can take place
of the information, knowledge, and expertise provided by a licensed attorney.
Contact us directly to discuss your criminal case with a member of our team.