Sec. 36.03. COERCION OF PUBLIC SERVANT OR VOTER. (a) A person commits an offense if by means of coercion he:
(1) influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant's known legal duty; or
(2) influences or attempts to influence a voter not to vote or to vote in a particular manner.
(b) An offense under this section is a Class A misdemeanor unless the coercion is a threat to commit a felony, in which event it is a felony of the third degree.
(c) It is an exception to the application of Subsection (a)(1) of this section that the person who influences or attempts to influence the public servant is a member of the governing body of a governmental entity, and that the action that influences or attempts to influence the public servant is an official action taken by the member of the governing body. For the purposes of this subsection, the term "official action" includes deliberations by the governing body of a governmental entity.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1989, 71st Leg., ch. 67, Sec. 1, 3, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Notes of Decisions
Ex Parte James Richard \Rick\" Perry", 471 S.W.3d 63 (Tex. App. 2015).
· cites it 7× “2 are the counterparts to Texas Penal Code section 36.03 — with subsection (c) containing the language quoted above — while subsection (d) of section 240.”
State v. Colyandro, 233 S.W.3d 870 (Tex. Crim. App. 2007).
· cites it 2× “04(a)); coercion of a public servant (TEX. PENAL CODE § 36.03(b)); hindering apprehension (TEX.”
Tobias v. State, 884 S.W.2d 571 (Tex. App. 1994).
· cites it 3× “Commentary, TexPenal Code Ann. § 36.03 (Vernon 1974).”
State v. Hanson, 793 S.W.2d 270 (Tex. App. 1990).
“The indictments, which were returned in September 1988, were based on these provisions in the Penal Code: “A person commits an offense if by means of coercion he .”
Perry, Ex Parte James Richard \Rick\"" (Tex. App. 2015).
· cites it 9× “”155 Furthermore, according to the Institute, “the requirement of knowledge” of the legal duty applies both to the public servant sought to be influenced and the actor 153 See Model Penal Code § 240.2 (Official 1962 Draft and Revised Comments) (American Law Institute 1980).”
Perry, Ex Parte James Richard \Rick\"" (Tex. App. 2015).
· cites it 9× “”155 Furthermore, according to the Institute, “the requirement of knowledge” of the legal duty applies both to the public servant sought to be influenced and the actor 153 See Model Penal Code § 240.2 (Official 1962 Draft and Revised Comments) (American Law Institute 1980).”
Perry, Ex Parte James Richard \Rick\"" (Tex. App. 2015).
· cites it 9× “”155 Furthermore, according to the Institute, “the requirement of knowledge” of the legal duty applies both to the public servant sought to be influenced and the actor 153 See Model Penal Code § 240.2 (Official 1962 Draft and Revised Comments) (American Law Institute 1980).”
— Tex. Penal Code § 36.03(a) — 5 cases
Ex Parte James Richard \Rick\" Perry", 471 S.W.3d 63 (Tex. App. 2015).
“2 are the counterparts to Texas Penal Code section 36.03 — with subsection (c) containing the language quoted above — while subsection (d) of section 240.”
Perry, Ex Parte James Richard \Rick\"" (Tex. App. 2015).
“”155 Furthermore, according to the Institute, “the requirement of knowledge” of the legal duty applies both to the public servant sought to be influenced and the actor 153 See Model Penal Code § 240.2 (Official 1962 Draft and Revised Comments) (American Law Institute 1980).”
Perry, Ex Parte James Richard \Rick\"" (Tex. App. 2015).
“”155 Furthermore, according to the Institute, “the requirement of knowledge” of the legal duty applies both to the public servant sought to be influenced and the actor 153 See Model Penal Code § 240.2 (Official 1962 Draft and Revised Comments) (American Law Institute 1980).”
Perry, Ex Parte James Richard \Rick\"" (Tex. App. 2015).
“”155 Furthermore, according to the Institute, “the requirement of knowledge” of the legal duty applies both to the public servant sought to be influenced and the actor 153 See Model Penal Code § 240.2 (Official 1962 Draft and Revised Comments) (American Law Institute 1980).”
— Tex. Penal Code § 36.03(a)(1) — 19 cases
Ex Parte James Richard \Rick\" Perry", 471 S.W.3d 63 (Tex. App. 2015).
“2 are the counterparts to Texas Penal Code section 36.03 — with subsection (c) containing the language quoted above — while subsection (d) of section 240.”
Tobias v. State, 884 S.W.2d 571 (Tex. App. 1994).
“Commentary, TexPenal Code Ann. § 36.03 (Vernon 1974).”
State v. Hanson, 793 S.W.2d 270 (Tex. App. 1990).
“The indictments, which were returned in September 1988, were based on these provisions in the Penal Code: “A person commits an offense if by means of coercion he .”
— Tex. Penal Code § 36.03(a)(2) — 2 cases
Perry, Ex Parte James Richard \Rick\"" (Tex. App. 2015).
“”155 Furthermore, according to the Institute, “the requirement of knowledge” of the legal duty applies both to the public servant sought to be influenced and the actor 153 See Model Penal Code § 240.2 (Official 1962 Draft and Revised Comments) (American Law Institute 1980).”
Perry, Ex Parte James Richard \Rick\"" (Tex. App. 2015).
“”155 Furthermore, according to the Institute, “the requirement of knowledge” of the legal duty applies both to the public servant sought to be influenced and the actor 153 See Model Penal Code § 240.2 (Official 1962 Draft and Revised Comments) (American Law Institute 1980).”
— Tex. Penal Code § 36.03(b) — 7 cases
State v. Colyandro, 233 S.W.3d 870 (Tex. Crim. App. 2007).
“04(a)); coercion of a public servant (TEX. PENAL CODE § 36.03(b)); hindering apprehension (TEX.”
Ex Parte James Richard \Rick\" Perry", 471 S.W.3d 63 (Tex. App. 2015).
“2 are the counterparts to Texas Penal Code section 36.03 — with subsection (c) containing the language quoted above — while subsection (d) of section 240.”
Perry, Ex Parte James Richard \Rick\"" (Tex. App. 2015).
“”155 Furthermore, according to the Institute, “the requirement of knowledge” of the legal duty applies both to the public servant sought to be influenced and the actor 153 See Model Penal Code § 240.2 (Official 1962 Draft and Revised Comments) (American Law Institute 1980).”
— Tex. Penal Code § 36.03(c) — 10 cases
Ex Parte James Richard \Rick\" Perry", 471 S.W.3d 63 (Tex. App. 2015).
“2 are the counterparts to Texas Penal Code section 36.03 — with subsection (c) containing the language quoted above — while subsection (d) of section 240.”
Tobias v. State, 884 S.W.2d 571 (Tex. App. 1994).
“Commentary, TexPenal Code Ann. § 36.03 (Vernon 1974).”
Perry, Ex Parte James Richard \Rick\"" (Tex. App. 2015).
“”155 Furthermore, according to the Institute, “the requirement of knowledge” of the legal duty applies both to the public servant sought to be influenced and the actor 153 See Model Penal Code § 240.2 (Official 1962 Draft and Revised Comments) (American Law Institute 1980).”
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