Texas Penal Code Title 09 Chapter 42

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Questions and Answers

What constitutes Disorderly Conduct under (a)(1)?

Making an offensive gesture

Fighting with another person

Creating a noxious odor

Using abusive language in a public place (correct)

What actions could lead to an offense under Disorderly Conduct (a)(2)?

Exposing genitals in a public place

Fighting another person

Making an offensive gesture in a public place (correct)

Discharging a firearm in a public place

What is an example of Disorderly Conduct under (a)(3)?

Abusing a person in a public place

Making unreasonable noise

Displaying a weapon

Creating a noxious odor in a public place (correct)

What is prohibited under Disorderly Conduct (a)(4)?

Abusing or threatening a person in a public place Signup and view all the answers

What type of noise can be regarded as unreasonable under Disorderly Conduct (a)(5)?

Noise exceeding a decibel level of 85 Signup and view all the answers

What happens under Disorderly Conduct (a)(6)?

A person fights with another in a public place Signup and view all the answers

Which conduct is restricted under (a)(7)?

Discharging a firearm in a public place Signup and view all the answers

What is considered Disorderly Conduct under (a)(8)?

Displaying a firearm in a public place Signup and view all the answers

What does Disorderly Conduct (a)(9) say about firearms?

Discharging a firearm across a public road Signup and view all the answers

What can lead to an offense under Disorderly Conduct (a)(10)?

Exposing genitals in a public place Signup and view all the answers

What types of actions fall under Disorderly Conduct (a)(11)?

Looking into a dwelling for unlawful purpose Signup and view all the answers

What is defined as a public place under (a-1)?

A public school campus or school grounds. Signup and view all the answers

It is a defense to prosecution under Subsection (a)(4) if the actor had significant provocation.

True Signup and view all the answers

Under Disorderly Conduct (c), what constitutes an act occurring in a public place?

An act that produces offensive or proscribed consequences in a public place. Signup and view all the answers

What class of misdemeanor is an offense under this section?

Class C misdemeanor Signup and view all the answers

It is a defense under (e) that the person discharged a firearm due to fear of a dangerous wild animal.

True Signup and view all the answers

Subsections (a)(1), (2), (3), (5), and (6) apply to students younger than 12 at a public school during regular hours.

False Signup and view all the answers

Noise from lawful space flight activities is considered unreasonable noise.

False Signup and view all the answers

Study Notes

Disorderly Conduct Definitions and Elements

Disorderly Conduct (a)(1): Offense occurs when a person uses abusive or profane language in a public place, inciting immediate breach of the peace.
Disorderly Conduct (a)(2): Offense occurs when a person makes an offensive gesture or display in public that tends to incite a breach of peace.
Disorderly Conduct (a)(3): Offense occurs when a person creates noxious odors using chemical means in a public space.
Disorderly Conduct (a)(4): Offense occurs when a person abuses or threatens another in a public place in a clearly offensive manner.
Disorderly Conduct (a)(5): Offense occurs when a person makes unreasonable noise in public areas excluding sport shooting ranges or private residences not occupied by them.
Disorderly Conduct (a)(6): Offense occurs when a person engages in a fight with another individual in a public place.
Disorderly Conduct (a)(7): Offense occurs when a person discharges a firearm in a public place not defined as a public road or sport shooting range.
Disorderly Conduct (a)(8): Offense occurs when a person displays a firearm or deadly weapon publicly in an alarming manner.
Disorderly Conduct (a)(9): Offense occurs when a person discharges a firearm across a public road.
Disorderly Conduct (a)(10): Offense occurs when a person exposes their genitals or anus in public, being reckless about offending others.
Disorderly Conduct (a)(11): Offense occurs by looking into areas providing privacy for lewd or unlawful purposes, including homes, hotel rooms, or restrooms.

Public Place Definition

Public Place (a-1): Defined to include public school campuses and surrounding grounds for purposes of disorderly conduct offenses.

Legal Defenses and Provisions

Disorderly Conduct (b): Significant provocation serves as a defense for abusive or threatening conduct under Subsection (a)(4).
Disorderly Conduct (c): Acts are considered public if they produce consequences in public spaces or near private residences; noise over 85 decibels is presumed unreasonable after notice of public nuisance.
Disorderly Conduct (d): Most offenses are Class C misdemeanors; offenses under (a)(7) or (a)(8) are Class B misdemeanors.
Disorderly Conduct (e): Discharging a firearm can be defensible if done out of reasonable fear of bodily injury from dangerous wild animals.
Disorderly Conduct (f): Children under 12 are not subject to specific prohibitions during regular school hours at public school campuses.
Disorderly Conduct (g): Noise from lawful space flight activities is not deemed unreasonable for purposes of these laws.

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Description

This quiz focuses on the Texas Penal Code Title 09 Chapter 42, covering disorderly conduct and related offenses. It includes key definitions and elements that outline what constitutes an offense under this chapter. Prepare to test your understanding of the legal language and implications of disorderly conduct.