Felony Offenses in the Texas Penal Code

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Texas Penal Code, Section 38.14 - Taking or Attempting to Take Weapon from Peace Officer, Parole Officer, or Community Supervision and Corrections Department Officer

CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION

        § 38.14.  TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE OFFICER, PAROLE OFFICER, OR COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT OFFICER.
        (a)  In this section, "firearm" has the meanings assigned by Section 46.01.
        (b)  A person commits an offense if the person intentionally or knowingly and with force takes or attempts to take from a peace officer, parole officer, or community supervision and corrections department officer the officer's firearm, nightstick, or personal protection chemical dispensing device with the intention of harming the officer or a third person.
        (c)  The actor is presumed to have known that the peace officer, parole officer, or community supervision and corrections department officer was a peace officer, parole officer, or community supervision and corrections department officer if the officer was wearing a distinctive uniform or badge indicating his employment, or if the officer identified himself as a peace officer, parole officer, or community supervision and corrections department officer.
        (d)  It is a defense to prosecution under this section that the defendant took or attempted to take the weapon from a peace officer, parole officer, or community supervision and corrections department officer who was using force against the defendant or another in excess of the amount of force permitted by law.
        (e)  An offense under this section is a felony of the third degree if the defendant took a weapon described by Subsection (b) from an officer described by Subsection (b) and is a state jail felony if the defendant attempted to take the weapon from the officer.

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