Texas Penal Code 12.501 – Penalty for Certain Offenses Committed in Retaliation for or On Account of Person’s Service or Status as Public Servant
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(a) In this section, “public servant” has the meaning assigned by § 36.06.
(b) Subject to Subsection (d), the punishment for an offense described by Subsection (c) is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that:
(1) the offense:
(A) was committed against a person the actor knows is a public servant or a member of a public servant’s family or household; or
(B) involves property that the actor knows belongs to, is under the control of, or is lawfully possessed by a public servant; and
(2) the offense was committed in retaliation for or on account of the service or status of the person as a public servant.
Terms Used In Texas Penal Code 12.501
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Property: means real and personal property. See Texas Government Code 311.005
- Public servant: means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties:
(A) an officer, employee, or agent of government;
(B) a juror or grand juror; or
(C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or
(D) an attorney at law or notary public when participating in the performance of a governmental function; or
(E) a candidate for nomination or election to public office; or
(F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so. See Texas Penal Code 1.07 - Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) The increase in punishment authorized by this section applies only to:
(1) an offense under § 21.16, 21.18, 21.19, 22.011, 28.02, 28.03, 30.05, 33.02, 42.07, or 42.072; or
(2) an offense under § 32.51, other than an offense punishable under Subsection (c-1) of that section.
(d) If an offense described by Subsection (c) is punishable as a Class A misdemeanor, the minimum term of confinement for the offense is increased to 180 days. If an offense described by Subsection (c) is punishable as a felony of the first degree, the punishment for that offense may not be increased under this section.
(e) For purposes of this section, “member of a public servant’s family” means a person related to the public servant within the second degree of consanguinity.