Penal Code · §42.01
Public Order
Public Order is covered under §42.01 and tested on the TCOLE peace officer licensing exam.
To prove this offense, the State must establish each of the following elements: Most subsections (a)(1)–(11): Class C; Discharging firearm or displaying deadly weapon to alarm: Class B.
Elements you must prove
- Most subsections (a)(1)–(11): Class C
- Discharging firearm or displaying deadly weapon to alarm: Class B
Practice 1 question on this topic
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Worked examples
Worked example 1
Disorderly Conduct under §42.01 is generally a Class C misdemeanor. Which of the following raises it to a Class B?
- Using offensive language in public
- Discharging a firearm in a public place other than a public road or sport-shooting range; OR displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm Correct
- Refusing to leave a private business
- Engaging in a fistfight
Why: Disorderly Conduct is a Class C in most forms (offensive language, gestures, fighting words, peeping). It is a Class B misdemeanor when committed by discharging a firearm in a public place (non-range), or displaying a firearm/deadly weapon in a manner calculated to alarm.
Statute: Tex. Penal Code §42.01(d)