Sec. 36.06. OBSTRUCTION OR RETALIATION. (a) A person commits an offense if the person intentionally or knowingly harms or threatens to harm another by an unlawful act:
(1) in retaliation for or on account of the service or status of another as a:
(A) public servant, witness, prospective witness, or informant; or
(B) person who has reported or who the actor knows intends to report the occurrence of a crime; or
(2) to prevent or delay the service of another as a:
(A) public servant, witness, prospective witness, or informant; or
(B) person who has reported or who the actor knows intends to report the occurrence of a crime.
(a-1) A person commits an offense if the person posts on a publicly accessible website or discloses through an electronic communication the residence address or telephone number of an individual the actor knows is a public servant or a member of a public servant's family or household with the intent to cause harm or a threat of harm to the individual or a member of the individual's family or household in retaliation for or on account of the service or status of the individual as a public servant.
(b) In this section:
(1) "Electronic communication" has the meaning assigned by Section 42.07.
(1-a) "Honorably retired peace officer" means a peace officer who:
(A) did not retire in lieu of any disciplinary action;
(B) was eligible to retire from a law enforcement agency or was ineligible to retire only as a result of an injury received in the course of the officer's employment with the agency; and
(C) is entitled to receive a pension or annuity for service as a law enforcement officer or is not entitled to receive a pension or annuity only because the law enforcement agency that employed the officer does not offer a pension or annuity to its employees.
(2) "Informant" means a person who has communicated information to the government in connection with any governmental function.
(3) "Public servant" has the meaning assigned by Section 1.07, except that the term also includes:
(A) an honorably retired peace officer; and
(B) a person who contracts with the state to perform a service in a civil commitment facility or an employee of that person.
(c) An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if:
(1) the victim of the offense was harmed or threatened because of the victim's service or status as a juror; or
(2) the actor's conduct is described by Subsection (a-1) and results in the bodily injury of a public servant or a member of a public servant's family or household.
(d) For purposes of an offense under Subsection (a-1) involving the posting of a residence address or telephone number on a publicly accessible website, it is prima facie evidence of the intent to cause harm or a threat of harm to an individual the person knows is a public servant or a member of a public servant's family or household if the actor:
(1) receives a written demand from the individual to not disclose the address or telephone number for reasons of safety; and
(2) either:
(A) fails to remove the address or telephone number from the publicly accessible website within a period of 48 hours after receiving the demand; or
(B) reposts the address or telephone number on the same or a different publicly accessible website, or makes the information publicly available through another medium, within a period of four years after receiving the demand, regardless of whether the individual is no longer a public servant.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 3238, ch. 558, Sec. 4, eff. Sept. 1, 1983; Acts 1989, 71st Leg., ch. 557, Sec. 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 239, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 835, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 246, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 848 (S.B. 923), Sec. 2, eff. September 1, 2015.
Acts 2025, 89th Leg., R.S., Ch. 622 (H.B. 3425), Sec. 1, eff. September 1, 2025.
Acts 2025, 89th Leg., R.S., Ch. 622 (H.B. 3425), Sec. 2, eff. September 1, 2025.
Acts 2025, 89th Leg., R.S., Ch. 1145 (S.B. 1610), Sec. 7, eff. September 1, 2025.
Notes of Decisions
Cited in
368
cases (
51 in the last 5 years), 1980–2026 · leading case:
Brock v. State, 495 S.W.3d 1 (Tex. App.—Waco 2016).
Brock v. State, 495 S.W.3d 1 (Tex. App.—Waco 2016).
· cites it 8× “See Tex. Penal Code Ann. § 36.06 (West 2011).”
Cada v. State, 334 S.W.3d 766 (Tex. Crim. App. 2011).
· cites it 4× “Tex Penal Code § 36.06(a)(1)(A). 10 . See Benson v.”
Helleson v. State, 5 S.W.3d 393 (Tex. App.—Fort Worth 1999).
· cites it 8× “See TEX. PENAL CODE ANN. § 36.06 (Vernon 1994 & Supp.”
Gardner v. State, 306 S.W.3d 274 (Tex. Crim. App. 2009).
· cites it 2× “[13] TEX. PENAL CODE § 36.06(a)(1)(A) & (a)(2)(A) (a person commits the offense of retaliation if he intentionally or knowingly harms or threatens to harm another by an unlawful act in retaliation for or on account of the service or status of another as a prospective witness, or…”
Moore v. State, 143 S.W.3d 305 (Tex. App.—Waco 2004).
· cites it 4× “Tex. Penal Code Ann. § 36.06 (a). The Penal Code, in turn, defines "public servant" as follows, in relevant part: a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties:…”
Ex Parte Broadway, 301 S.W.3d 694 (Tex. Crim. App. 2009).
· cites it 2× “112; TEX. PENAL CODE ANN. § 36.06. Both indictments were enhanced by two prior convictions, which raised the minimum punishment to 25 years' imprisonment in each case.”
Wiggins v. State, 255 S.W.3d 766 (Tex. App.—Texarkana 2008).
· cites it 3× “Tex. Penal Code Ann. § 36.06 . The offense of retaliation does not necessitate the threatened harm be imminent; therefore, the elements of assault by threat require proof of more facts than does retaliation.”
Morrow v. State, 862 S.W.2d 612 (Tex. Crim. App. 1993).
· cites it 4× “Tex.Penal Code Ann. § 36.06. Appellant's conviction was enhanced and the jury assessed punishment at fifteen years confinement in the Texas Department of Corrections and a fine of five thousand dollars.”
Lebleu v. State, 192 S.W.3d 205 (Tex. App.—Houston [14th Dist.] 2006).
· cites it 3× “Texas Penal Code section 36.06 is clearly meant to aid in the administration of justice by eliminating the hindrance of threats or intimidation.”
State v. Abigail Marie Stubbs, 502 S.W.3d 218 (Tex. App.—Houston [14th Dist.] 2016).
· cites it 2× “2d at 413 (citing Tex. Penal Code Ann. § 36.06 (a)). 11 . Tex.”
Webb v. State, 991 S.W.2d 408 (Tex. App.—Houston [14th Dist.] 1999).
· cites it 3× “Tex. Penal Code Ann. § 36.06 (Vernon 1994).”
Ortiz v. Quarterman, 504 F.3d 492 (5th Cir. 2007).
· cites it 2× “” Tex. Penal Code § 36.06(a)(1) (effective Sept.”
Tex. Penal Code § 36.06(A)(2)(b): 1 case
Tex. Penal Code § 36.06(a): 41 cases
Brock v. State, 495 S.W.3d 1 (Tex. App.—Waco 2016).
“See Tex. Penal Code Ann. § 36.06 (West 2011).”
Lebleu v. State, 192 S.W.3d 205 (Tex. App.—Houston [14th Dist.] 2006).
“Texas Penal Code section 36.06 is clearly meant to aid in the administration of justice by eliminating the hindrance of threats or intimidation.”
State v. Abigail Marie Stubbs, 502 S.W.3d 218 (Tex. App.—Houston [14th Dist.] 2016).
“2d at 413 (citing Tex. Penal Code Ann. § 36.06 (a)). 11 . Tex.”
Tex. Penal Code § 36.06(a)(1): 22 cases
Ortiz v. Quarterman, 504 F.3d 492 (5th Cir. 2007).
“” Tex. Penal Code § 36.06(a)(1) (effective Sept.”
Helleson v. State, 5 S.W.3d 393 (Tex. App.—Fort Worth 1999).
“See TEX. PENAL CODE ANN. § 36.06 (Vernon 1994 & Supp.”
Tex. Penal Code § 36.06(a)(1)(2): 1 case
Tex. Penal Code § 36.06(a)(1)(A): 62 cases
Gardner v. State, 306 S.W.3d 274 (Tex. Crim. App. 2009).
“[13] TEX. PENAL CODE § 36.06(a)(1)(A) & (a)(2)(A) (a person commits the offense of retaliation if he intentionally or knowingly harms or threatens to harm another by an unlawful act in retaliation for or on account of the service or status of another as a prospective witness, or…”
Cada v. State, 334 S.W.3d 766 (Tex. Crim. App. 2011).
“Tex Penal Code § 36.06(a)(1)(A). 10 . See Benson v.”
Tex. Penal Code § 36.06(a)(1)(A)(B): 1 case
Tex. Penal Code § 36.06(a)(1)(B): 9 cases
In re EP, 257 S.W.3d 523 (Tex. App.—Dallas 2008).
Tex. Penal Code § 36.06(a)(1)(a): 2 cases
Tex. Penal Code § 36.06(a)(2): 2 cases
Tex. Penal Code § 36.06(a)(2)(A): 1 case
Tex. Penal Code § 36.06(a)(l): 2 cases
Tex. Penal Code § 36.06(a)(l)(A): 1 case
Tex. Penal Code § 36.06(b): 2 cases
Cada v. State, 334 S.W.3d 766 (Tex. Crim. App. 2011).
“Tex Penal Code § 36.06(a)(1)(A). 10 . See Benson v.”
Tex. Penal Code § 36.06(b)(2): 4 cases
Cada v. State, 334 S.W.3d 766 (Tex. Crim. App. 2011).
“Tex Penal Code § 36.06(a)(1)(A). 10 . See Benson v.”
Tex. Penal Code § 36.06(c): 24 cases
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