By Most people certainly did not intend to end up on the wrong side of the law, but when they find themselves in the middle of a heated situation, it is quite common that they unknowingly go over a boundary line.
Texas is one place where the Penal Code §38.15 defines such a line. This declares a person to be guilty of a crime if they interfere with public duties.
The statute in question aims at providing law enforcement officials, firemen, medical personnel, and the like with a zone of safety while they are performing their routine tasks.
But what exactly counts as “interference”? And how serious are the penalties if you’re charged?
If these are some of the things that you want to know, keep on reading…
Interference With Public Duties Texas
Sec. 38.15 of the Texas Penal Code clearly defines Interference with Public Duties. Here’s what it states:
(a) A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with:
(1) a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law;
(2) a person who is employed to provide emergency medical services including the transportation of ill or injured persons while the person is performing that duty;
(3) a fire fighter, while the fire fighter is fighting a fire or investigating the cause of a fire;
(4) an animal under the supervision of a peace officer, corrections officer, or jailer, if the person knows the animal is being used for law enforcement, corrections, prison or jail security, or investigative purposes;
(5) the transmission of a communication over a citizen’s band radio channel, the purpose of which communication is to inform or inquire about an emergency;
(6) an officer with responsibility for animal control in a county or municipality, while the officer is performing a duty or exercising authority imposed or granted under Chapter 821 or 822, Health and Safety Code; or
(7) a person who:
(A) has responsibility for assessing, enacting, or enforcing public health, environmental, radiation, or safety measures for the state or a county or municipality;
(B) is investigating a particular site as part of the person’s responsibilities under Paragraph (A);
(C) is acting in accordance with policies and procedures related to the safety and security of the site described by Paragraph (B); and
(D) is performing a duty or exercising authority imposed or granted under the Agriculture Code, Health and Safety Code, Occupations Code, or Water Code.
What Does “Interference With Public Duties” Mean In Texas?
At its core, this law says you cannot interrupt, disrupt, or prevent a public servant from performing their lawful duties.
The main idea is that it is not just about an argument or a disagreement with a police officer but rather about those actions that directly hinder their work.
For instance:
- Preventing EMTs from accessing a person who is hurt.
- Interfering with the police while they are trying to take someone down.
- Declining to move even after being given repeated instructions at the scene of a fire.
On the other hand, just a negative comment towards an officer and filming them with your camera is usually not sufficient for a criminal charge if there is no escalation into actual interference.
Who Is Considered A Public Servant Under This Law?
The law casts a wider net than just police officers. Under Texas Penal Code §38.15, the following are protected:
- Peace officers (police)
- Emergency medical personnel (including those transporting patients)
- Firefighters (while responding to or investigating fires)
- Law enforcement animals (like K9 dogs or police horses, if you know they’re being used officially)
- Emergency radio operators (transmitting urgent communications over citizen’s band channels)
- Animal control officers performing their duties
- Health and safety officials (investigating or enforcing environmental, radiation, public health, or safety laws)
This broad definition exists because interference in these roles can delay emergency responses or put lives at risk.
What Must The State Prove? (Key Elements Of The Crime)
For prosecutors to convict someone of interfering with public duties, they have to establish:
- Criminal negligence: The accused ignored clear and repeated commands.
- Lawful duty: The public servant was performing an official duty legally.
- Direct interference: The accused’s actions actually prevented or hindered that duty.
- Beyond speech: Words alone don’t usually qualify.
Example: If an officer tells someone multiple times to step back from a crime scene and they refuse, that could be interference. But yelling from across the street may not qualify.
Penalties For Interfering With Public Duties In Texas
Interference with public duties is typically a Class B misdemeanor. That means you could face:
- Up to 180 days in county jail
- A fine of up to $2,000
- Or both
While these penalties may sound relatively light compared to felonies, a conviction can still carry long-term consequences, including:
- A criminal record that shows up on background checks
- Difficulty finding housing or jobs
- Issues with immigration status for non-citizens
- Potential restrictions on professional licenses
Possible Defenses Against The Charge
Just because an individual’s actions have annoyed or irritated an officer, it doesn’t mean that the person has caused a disruption in the officer’s work.
The Texas law lists several types of legal defenses that the accused can use:
- Speech-only defense: In case the conduct was limited to speaking (arguing, yelling, questioning), it might not be considered as an offense.
- Warning drivers: If your actions were instrumental in alerting a driver about a police officer enforcing traffic laws, this could be a legal defense.
- No negligence: In case you did not ignore clear commands and were not aware that you were interfering, it would be hard for the state to prove negligence.
- Unlawful authority: Interference with the officer may not be the case if the officer was not acting lawfully.
One piece of evidence, such as footage from the body camera, videos made by bystanders, and witness testimony, can greatly contribute to raising these defenses.
What To Do If You’re Charged With Interference In Texas
If you or someone you know is facing this charge, here are some important steps:
- Stay calm at the scene. Don’t argue or escalate the situation further.
- Don’t admit guilt. Even casual comments can be used against you.
- Gather evidence. If possible, secure witness information or video recordings.
- Contact a defense lawyer immediately. A Texas criminal defense attorney can evaluate whether your actions actually meet the legal definition of interference and raise the right defenses.
The interference with public duties in Texas is probably a small-scale crime, but it’s true that the penalties are there.
Small things—such as being at a very close distance to a police action—might lead you into trouble if the officers consider that you are obstructing their work.
One of the advantages is that the legislation establishes certain justifications for the accused. And an altercation with an officer does not necessarily imply that the person has interfered with the officer’s work.
However, the situation is such that if you were to be arrested, I would advise you not to underestimate the problem.
The presence of a competent defense attorney can be the factor that leads to the acquittal or the dismissal of the case.
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