Texas Codes

Tex. Penal Code § 22.11 (2026)

Harassment By Persons In Certain Facilities; Harassment Of Public Servant

✓ current as of May 2026

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Sec. 22.11. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. (a) A person commits an offense if, with the intent to assault, harass, annoy, alarm, abuse, torment, or embarrass the person:

(1) while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal, or any other fluid or liquid;

(2) while committed to a civil commitment facility, causes:

(A) an officer or employee of the Texas Civil Commitment Office to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal, or any other fluid or liquid:

(i) while the officer or employee is lawfully discharging an official duty at a civil commitment facility; or

(ii) in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or

(B) a person who contracts with the state to perform a service in the facility or an employee of that person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal, or any other fluid or liquid:

(i) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by the state to provide the service; or

(ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; or

(3) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal, or any other fluid or liquid, while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty.

(b) An offense under this section is a felony of the third degree.

(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section.

(d) In this section, "correctional or detention facility" means:

(1) a secure correctional facility; or

(2) a "secure correctional facility" or a "secure detention facility" as defined by Section 51.02, Family Code, operated by or under contract with a juvenile board or the Texas Juvenile Justice Department or any other facility operated by or under contract with that department.

(e) For purposes of Subsection (a)(3), the actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant.

(f) For purposes of Subsection (a)(2), the actor is presumed to have known the person was an officer or employee of the Texas Civil Commitment Office or a person who contracts with the state to perform a service in a civil commitment facility or an employee of that person, as applicable, if the person was wearing a distinctive uniform or badge indicating the person's status as an officer or employee of the Texas Civil Commitment Office or a contractor or employee of a contractor performing a service in a civil commitment facility.

(g) It is not a defense to prosecution under Subsection (a) that the actor warned any person that the actor intended to violate Subsection (a).

Added by Acts 1999, 76th Leg., ch. 335, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 878, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1006, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 543 (H.B. 1095), Sec. 2, eff. September 1, 2005.

Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 142, eff. September 1, 2015.

Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 28, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 29, eff. September 1, 2017.

Acts 2025, 89th Leg., R.S., Ch. 1145 (S.B. 1610), Sec. 6, eff. September 1, 2025.

Notes of Decisions

Cited in 116 cases (26 in the last 5 years), 2000–2026 · leading case: Barajas v. State, 93 S.W.3d 36 (Tex. Crim. App. 2002).

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Barajas v. State, 93 S.W.3d 36 (Tex. Crim. App. 2002). · cites it 4× “Tex. Penal Code § 22.11(a). At the time of the offense, the victim was nine years old.”

United States v. Jorge Rodriguez, 711 F.3d 541 (5th Cir. 2013). · cites it 2× “In that case, we held that a defendant’s prior conviction under Texas Penal Code § 22.11(a)(2), which prohibits “indecency with a child,” qualified as “sexual abuse of a minor” on the grounds that “‘a child younger than 17 years,’ is clearly a ‘minor.”

Pizzo v. State, 235 S.W.3d 711 (Tex. Crim. App. 2007). · cites it 2× “Tex. Penal Code Ann. § 21.11 . . Tex. Penal Code Ann.”

Anderson v. State, 394 S.W.3d 531 (Tex. Crim. App. 2013). · cites it 2× “42(c)(2)(B)(v) because the North Carolina law that proscribes photographing a naked child, masturbation within a child’s sight, and a variety of other acts not proscribed by Texas Penal Code § 22.”

Gary Donell Sanders v. State, 387 S.W.3d 680 (Tex. App. 2012). “” Tex. Penal Code Ann. § 22.11 (a)(2) (West 2011).”

United States v. Shelton, 431 F. Supp. 2d 675 (E.D. Tex. 2006). “See Tex. Pen. Code § 22.11; Tex. Pen.Code § 12.”

Fisk v. State, 538 S.W.3d 763 (Tex. App. 2017). “IV, ¶ 87 (1982) (hereinafter MCM) ("Indecent acts or liberties with a child") with TEX. PENAL CODE ANN. § 22.11(a) ("Indecency With a Child").”

United States v. Grzywinski, 57 F.4th 237 (5th Cir. 2023). “The PSR also reported that Grzywinski pled guilty of three charges of indecency with a child, in violation of Texas Penal Code § 22.11. Two of the indecency charges accused Grzywinski of exposing himself to two children under seventeen.”

Gomez v. State, 331 S.W.3d 832 (Tex. App. 2011). “See Tex. Penal Code Ann. § 22.11 (a)(2) (West Supp.”

Paul Leone v. State, 508 S.W.3d 346 (Tex. App. 2014). “See Tex. Penal Code Ann. § 22.11 (West 2011).”

Derrick Morgan v. State (Tex. App. 2009). · cites it 7× “Constitutionality Appellant was indicted under Texas Penal Code section 22.11. (3) See Tex.”

Marlene Alexandria Jackson v. the State of Texas (Tex. App. 2021). · cites it 4× “See Tex. Penal Code Ann. § 22.11 (a)(3), (b).”

Show all 116 citing cases →

— Tex. Penal Code § 22.11(a) — 12 cases

Barajas v. State, 93 S.W.3d 36 (Tex. Crim. App. 2002). “Tex. Penal Code § 22.11(a). At the time of the offense, the victim was nine years old.”

Fisk v. State, 538 S.W.3d 763 (Tex. App. 2017). “IV, ¶ 87 (1982) (hereinafter MCM) ("Indecent acts or liberties with a child") with TEX. PENAL CODE ANN. § 22.11(a) ("Indecency With a Child").”

Clifford Clark v. State (Tex. App. 2019).

— Tex. Penal Code § 22.11(a)(1) — 13 cases

Dana Latray Nealy v. State (Tex. App. 2019).

Desimen Tiree Scott v. State (Tex. App. 2016).

Darwin Fisher v. State (Tex. App. 2017).

James Andrew Becker v. State (Tex. App. 2018).

Alonzo Guerrero AKA Alonzo Guerrero, Jr. v. State, 571 S.W.3d 399 (Tex. App. 2019).

— Tex. Penal Code § 22.11(a)(2) — 15 cases

United States v. Jorge Rodriguez, 711 F.3d 541 (5th Cir. 2013). “In that case, we held that a defendant’s prior conviction under Texas Penal Code § 22.11(a)(2), which prohibits “indecency with a child,” qualified as “sexual abuse of a minor” on the grounds that “‘a child younger than 17 years,’ is clearly a ‘minor.”

Douglas Ray Mitchell v. State (Tex. App. 2013).

in the Matter of B. S. (Tex. App. 2015).

Billy Wayne Taylor v. State (Tex. App. 2009).

— Tex. Penal Code § 22.11(a)(2)(A) — 2 cases

Jason Ryan Jackson v. State (Tex. App. 2020).

Derrick Barry v. the State of Texas (Tex. App. 2023).

— Tex. Penal Code § 22.11(a)(3) — 10 cases

Christopher Andrew Price v. the State of Texas (Tex. App. 2024).

Roger Dee Benefield v. State (Tex. App. 2018).

Jason Wayne Charley v. State (Tex. App. 2018).

Perry Wiley v. State (Tex. App. 2020).

Ricardo Oliva v. the State of Texas (Tex. App. 2023).

— Tex. Penal Code § 22.11(b) — 5 cases

Michael Wayne Jackson v. the State of Texas (Tex. App. 2024).

Jamie Ray Barnes v. the State of Texas (2026).

Richard Charcas v. State (Tex. App. 2009).

Robert Justin Moorhead v. State (Tex. Crim. App. 2015).

— Tex. Penal Code § 22.11(c) — 3 cases

Pizzo v. State, 235 S.W.3d 711 (Tex. Crim. App. 2007). “Tex. Penal Code Ann. § 21.11 . . Tex. Penal Code Ann.”

Harold Donnie Halbrook v. State (Tex. App. 2010).

Lonnie H. Mansolo v. the State of Texas (2026).

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