Tex. Codes » Penal Code · TITLE 6. OFFENSES AGAINST THE FAMILY · CHAPTER 25. OFFENSES AGAINST THE FAMILY
Texas Codes

Tex. Penal Code § 25.071 (2026)

Violation Of Protective Order Preventing Offense Caused By Bias Or Prejudice

✓ current as of May 2026
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Sec. 25.071. VIOLATION OF PROTECTIVE ORDER PREVENTING OFFENSE CAUSED BY BIAS OR PREJUDICE. (a) A person commits an offense if, in violation of an order issued under Subchapter C, Chapter 7B, Code of Criminal Procedure, the person knowingly or intentionally:

(1) commits an offense under Title 5 or Section 28.02, 28.03, or 28.08 and commits the offense because of bias or prejudice as described by Article 42.014, Code of Criminal Procedure;

(2) communicates:

(A) directly with a protected individual in a threatening or harassing manner;

(B) a threat through any person to a protected individual; or

(C) in any manner with the protected individual, if the order prohibits any communication with a protected individual; or

(3) goes to or near the residence or place of employment or business of a protected individual.

(b) 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 or under both sections.

(c) A peace officer investigating conduct that may constitute an offense under this section for a violation of an order may not arrest a person protected by that order for a violation of that order.

(d) An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that the defendant has previously been convicted under this section two or more times or has violated the protective order by committing an assault, in which event the offense is a third degree felony.

Added by Acts 2001, 77th Leg., ch. 85, Sec. 3.02, eff. Sept. 1, 2001.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.59, eff. January 1, 2021.

Notes of Decisions
Cited in 3 cases, 2012–2020 · leading case: Akeem Enakele v. State (Tex. App. 2020).
Sort: Relevance Newest Treatment
Akeem Enakele v. State (Tex. App. 2020). “TEX. PENAL CODE ANN. § 25.071(a)(2) (West Supp.”
State v. Trenton Kyle Green (Tex. App. 2020). “04(b) (increases from class B misdemeanor to third-degree felony); TEX. PENAL CODE ANN. § 25.07(g) (increases from class A misdemeanor to state-jail felony or to third- degree felony); TEX.”
Derek Shane Perry v. State (Tex. App. 2012). “TEX. PENAL CODE ANN. § 25.071(a)(2)(A) (West 2009).”
— Tex. Penal Code § 25.071(a)(2) — 1 case
Akeem Enakele v. State (Tex. App. 2020). “TEX. PENAL CODE ANN. § 25.071(a)(2) (West Supp.”
— Tex. Penal Code § 25.071(a)(2)(A) — 1 case
Derek Shane Perry v. State (Tex. App. 2012). “TEX. PENAL CODE ANN. § 25.071(a)(2)(A) (West 2009).”
— Tex. Penal Code § 25.071(d) — 1 case
State v. Trenton Kyle Green (Tex. App. 2020). “04(b) (increases from class B misdemeanor to third-degree felony); TEX. PENAL CODE ANN. § 25.07(g) (increases from class A misdemeanor to state-jail felony or to third- degree felony); TEX.”
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