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CHAPTER 25. OFFENSES AGAINST THE FAMILY
§ 25.071. VIOLATION OF PROTECTIVE ORDER PREVENTING OFFENSE CAUSED BY
BIAS OR PREJUDICE.
(a) A person commits an
offense if, in violation of an order issued under Article 6.08, 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.
(b) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or under both
sections.
(c) A peace officer investigating conduct that may
constitute an offense under this section for a violation of an order
may not arrest a person protected by that order for a violation of
that order.
(d) An offense under this section is a Class A misdemeanor
unless it is shown on the trial of the offense that the defendant
has previously been convicted under this section two or more times
or has violated the protective order by committing an assault, in
which event the offense is a third degree felony. |
