Penal Code · §38.15

Public Order

Public Order is covered under §38.15 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: With criminal negligence; Interrupts, disrupts, impedes, or otherwise interferes with; A peace officer/firefighter/EMS performing a duty or exercising authority; Class B misdemeanor.

Elements you must prove

  • With criminal negligence
  • Interrupts, disrupts, impedes, or otherwise interferes with
  • A peace officer/firefighter/EMS performing a duty or exercising authority
  • Class B misdemeanor

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Worked examples

Worked example 1

Interference with Public Duties under §38.15 is what level of offense?

  1. Class C misdemeanor
  2. Class B misdemeanor Correct
  3. Class A misdemeanor
  4. State jail felony
Why: Interference with Public Duties is a Class B misdemeanor. The offense covers, with criminal negligence, interrupting/disrupting/impeding/interfering with a peace officer performing a duty, an EMS provider, a firefighter, etc.
Statute: Tex. Penal Code §38.15