Tex. Codes » Penal Code · TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION · CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION
Texas Codes

Tex. Penal Code § 38.01 (2026)

Definitions

✓ current as of May 2026
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Sec. 38.01. DEFINITIONS. In this chapter:

(1) "Custody" means:

(A) under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state or another state of the United States; or

(B) under restraint by an agent or employee of a facility that is operated by or under contract with the United States and that confines persons arrested for, charged with, or convicted of criminal offenses.

(2) "Escape" means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period or leave that is part of an intermittent sentence, but does not include a violation of conditions of community supervision or parole other than conditions that impose a period of confinement in a secure correctional facility.

(3) "Economic benefit" means anything reasonably regarded as an economic gain or advantage, including accepting or offering to accept employment for a fee, accepting or offering to accept a fee, entering into a fee contract, or accepting or agreeing to accept money or anything of value.

(4) "Finance" means to provide funds or capital or to furnish with necessary funds.

(5) "Fugitive from justice" means a person for whom a valid arrest warrant has been issued.

(6) "Governmental function" includes any activity that a public servant is lawfully authorized to undertake on behalf of government.

(7) "Invest funds" means to commit money to earn a financial return.

(8) "Member of the family" means anyone related within the third degree of consanguinity or affinity, as determined under Chapter 573, Government Code.

(9) "Qualified nonprofit organization" means a nonprofit organization that meets the following conditions:

(A) the primary purposes of the organization do not include the rendition of legal services or education regarding legal services;

(B) the recommending, furnishing, paying for, or educating persons regarding legal services is incidental and reasonably related to the primary purposes of the organization;

(C) the organization does not derive a financial benefit from the rendition of legal services by a lawyer; and

(D) the person for whom the legal services are rendered, and not the organization, is recognized as the client of a lawyer.

(10) "Public media" means a telephone directory or legal directory, newspaper or other periodical, billboard or other sign, radio or television broadcast, recorded message the public may access by dialing a telephone number, or a written communication not prohibited by Section 38.12(d).

(11) "Solicit employment" means to communicate in person or by telephone with a prospective client or a member of the prospective client's family concerning professional employment within the scope of a professional's license, registration, or certification arising out of a particular occurrence or event, or series of occurrences or events, or concerning an existing problem of the prospective client within the scope of the professional's license, registration, or certification, for the purpose of providing professional services to the prospective client, when neither the person receiving the communication nor anyone acting on that person's behalf has requested the communication. The term does not include a communication initiated by a family member of the person receiving a communication, a communication by a professional who has a prior or existing professional-client relationship with the person receiving the communication, or communication by an attorney for a qualified nonprofit organization with the organization's members for the purpose of educating the organization's members to understand the law, to recognize legal problems, to make intelligent selection of legal counsel, or to use available legal services. The term does not include an advertisement by a professional through public media.

(12) "Professional" means an attorney, chiropractor, physician, surgeon, private investigator, or any other person licensed, certified, or registered by a state agency that regulates a health care profession.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1989, 71st Leg., ch. 866, Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 14, Sec. 284(14), eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 561, Sec. 42, eff. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 723, Sec. 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 321, Sec. 1.103, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 293, Sec. 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 750, Sec. 1, eff. Sept. 1, 1997.

Notes of Decisions
Cited in 52 cases (3 in the last 5 years), 1982–2025 · leading case: Williams v. State, 67 S.W.3d 548 (Ark. 2002).
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Williams v. State, 67 S.W.3d 548 (Ark. 2002). · cites it 2× “" Tex. Penal Code Ann. § 38.01 (2) (Vernon 2001).”
Medford v. State, 13 S.W.3d 769 (Tex. Crim. App. 2000). · cites it 2× “” Tex. Pen.Code§ 38.01(2). "Custody” is defined in relevant part as "being under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state or another state of the United States.”
State v. Mays, 967 S.W.2d 404 (Tex. Crim. App. 1998). · cites it 2× “Tex. Penal Code Ann. § 38.01 (11) (Vernon 1994).”
Lawhorn v. State, 898 S.W.2d 886 (Tex. Crim. App. 1995). · cites it 2× “Compare Tex.Penal Code Ann. § 38.01(2), (3) (West 1989) with The New Merriam-Webster Dictionary p.”
Azeez v. State, 248 S.W.3d 182 (Tex. Crim. App. 2008). “See Tex. Penal Code Ann. § 38.01 (1) (Vernon 2003).”
Lopez v. State, 846 S.W.2d 90 (Tex. App. 1992). · cites it 4× “Tex.Penal Code Ann. § 38.01. When a refused charge is substantially the same or is adequately covered by the charge given, no error occurs.”
Rodriguez v. State, 336 S.W.3d 294 (Tex. App. 2010). “” Tex. Penal Code Ann. § 38.01 (3). The word “benefit” is defined in the Introductory Provisions of the Penal Code as “anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested.”
Russell v. State, 90 S.W.3d 865 (Tex. App. 2003). “Tex. Pen.Code Ann. § 38.06(a) (Vernon Supp.”
State v. Mercier, 164 S.W.3d 799 (Tex. App. 2005). “Tex. Pen Code Ann. § 38.01 (3) (Vernon 2003).”
Dickey v. State, 189 S.W.3d 339 (Tex. App. 2006). “” Tex. Pen.Code Ann. § 38.01(2) (Vernon *342 2003).”
Lawhorn v. State, 843 S.W.2d 268 (Tex. App. 1993). · cites it 2× “Tex.Penal Code Ann. § 38.01(2), (3) (West Supp.”
Troy Allen Timmins v. State, 560 S.W.3d 671 (Tex. App. 2018). · cites it 2× “” TEX. PENAL CODE ANN. § 38.01(1)(A) (West 2016).”
Show all 52 citing cases →
— Tex. Penal Code § 38.01(1) — 1 case
Azeez v. State, 203 S.W.3d 456 (Tex. App. 2006).
— Tex. Penal Code § 38.01(1)(A) — 1 case
Troy Allen Timmins v. State, 560 S.W.3d 671 (Tex. App. 2018). “” TEX. PENAL CODE ANN. § 38.01(1)(A) (West 2016).”
— Tex. Penal Code § 38.01(1)(a) — 1 case
Troy Allen Timmins v. State, 560 S.W.3d 671 (Tex. App. 2018). “” TEX. PENAL CODE ANN. § 38.01(1)(A) (West 2016).”
— Tex. Penal Code § 38.01(11) — 5 cases
State v. Mays, 967 S.W.2d 404 (Tex. Crim. App. 1998). “Tex. Penal Code Ann. § 38.01 (11) (Vernon 1994).”
Lopez v. State, 846 S.W.2d 90 (Tex. App. 1992). “Tex.Penal Code Ann. § 38.01. When a refused charge is substantially the same or is adequately covered by the charge given, no error occurs.”
State v. Sandoval, 842 S.W.2d 782 (Tex. App. 1992).
State v. Jimenez, 148 S.W.3d 574 (Tex. App. 2004).
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2013).
— Tex. Penal Code § 38.01(2) — 7 cases
Medford v. State, 13 S.W.3d 769 (Tex. Crim. App. 2000). “” Tex. Pen.Code§ 38.01(2). "Custody” is defined in relevant part as "being under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state or another state of the United States.”
Lawhorn v. State, 898 S.W.2d 886 (Tex. Crim. App. 1995). “Compare Tex.Penal Code Ann. § 38.01(2), (3) (West 1989) with The New Merriam-Webster Dictionary p.”
Russell v. State, 90 S.W.3d 865 (Tex. App. 2003). “Tex. Pen.Code Ann. § 38.06(a) (Vernon Supp.”
Dickey v. State, 189 S.W.3d 339 (Tex. App. 2006). “” Tex. Pen.Code Ann. § 38.01(2) (Vernon *342 2003).”
Lawhorn v. State, 843 S.W.2d 268 (Tex. App. 1993). “Tex.Penal Code Ann. § 38.01(2), (3) (West Supp.”
— Tex. Penal Code § 38.01(3) — 4 cases
Crowder v. State, 812 S.W.2d 63 (Tex. App. 1991).
Choice v. State, 819 S.W.2d 864 (Tex. Crim. App. 1991).
Luciano v. State, 855 S.W.2d 882 (Tex. App. 1993).
Irene v. Rodriguez v. State (Tex. App. 2010).
— Tex. Penal Code § 38.01(4) — 2 cases
Jemadari Chinua Williams v. the State of Texas (Tex. App. 2025).
Jemadari Chinua Williams v. the State of Texas (Tex. App. 2025).
— Tex. Penal Code § 38.01(5) — 1 case
Freeman v. State, 45 S.W.3d 655 (Tex. App. 2000).
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