Sec. 38.14. TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER. (a) In this section:
(1) "Firearm" has the meanings assigned by Section 46.01.
(2) "Stun gun" means a device designed to propel darts or other projectiles attached to wires that, on contact, will deliver an electrical pulse capable of incapacitating a person.
(3) "Commissioned security officer" has the meaning assigned by Section 1702.002(5), Occupations Code.
(b) A person commits an offense if the person intentionally or knowingly and with force takes or attempts to take from a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer the officer's, investigator's, employee's, or official's firearm, nightstick, stun gun, or personal protection chemical dispensing device.
(c) The actor is presumed to have known that the peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer was a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer if:
(1) the officer, investigator, employee, or official was wearing a distinctive uniform or badge indicating his employment; or
(2) the officer, investigator, employee, or official identified himself as a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer.
(d) It is a defense to prosecution under this section that the defendant took or attempted to take the weapon from a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer who was using force against the defendant or another in excess of the amount of force permitted by law.
(e) An offense under this section is:
(1) a felony of the third degree, if the defendant took a weapon described by Subsection (b) from an officer, investigator, employee, or official described by that subsection; and
(2) a state jail felony, if the defendant attempted to take a weapon described by Subsection (b) from an officer, investigator, employee, or official described by that subsection.
Added by Acts 1989, 71st Leg., ch. 986, Sec. 1, eff. Sept. 1, 1989. Renumbered from Penal Code Sec. 38.16 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(25), eff. Sept. 6, 1990. Renumbered from Penal Code Sec. 38.17 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1999, 76th Leg., ch. 714, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 322, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1201 (H.B. 582), Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 394 (H.B. 1721), Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 942 (H.B. 3147), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 942 (H.B. 3147), Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 942 (H.B. 3147), Sec. 3, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 839 (H.B. 3423), Sec. 5, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 839 (H.B. 3423), Sec. 6, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 647 (S.B. 1754), Sec. 1, eff. September 1, 2019.
Notes of Decisions
Chadwick v. State, 277 S.W.3d 99 (Tex. App.—Austin 2009).
“See Tex. Penal Code Ann. § 38.14 (b). Chadwick argues that the State did not prove that he “attempted” to take Rychlik’s firearm from him because the State failed to prove any acts by Chadwick that constituted more than mere preparation.”
Hernandez v. State, 903 S.W.2d 109 (Tex. App.—Fort Worth 1995).
“See Tex.Penal Code Ann. § 38.14 (Vernon 1994).”
Jackson v. State, 993 S.W.2d 162 (Tex. App.—Eastland 1999).
“TEX. PENAL CODE ANN. § 38.14(b) (Vernon 1994) A person commits an offense if the person intentionally or knowingly and with force takes or attempts to take from a peace officer the officer’s firearm, nightstick, or personal protection chemical dispensing device with the…”
Jarod Smith v. State, No. 03-19-00099-CR (Tex. App.—Austin Jan. 21, 2021).
· cites it 4× “” Tex. Penal Code § 38.14(a)(3). Accordingly, the phrase “commissioned security officer” under Section 38.”
Pedro Torres Rico v. State, No. 13-08-00258-CR (Tex. App.—Corpus Christi June 11, 2009).
· cites it 6× “The trial court assessed punishment at 180 days' confinement in a state jail facility and two years' imprisonment, respectively.”
Adam Marroquin v. State, No. 04-16-00409-CR (Tex. App.—San Antonio Jan. 31, 2018).
· cites it 3× “” TEX. PENAL CODE ANN. § 38.14(b). Section (d) provides that “[i]t is a defense to prosecution under this section that the defendant took or attempted to take the weapon from a peace officer, … who was using force against the defendant or another in excess of the amount of force…”
Curtis A. Fenderson v. State of Texas, No. 03-20-00162-CR (Tex. App.—Austin June 3, 2021).
· cites it 2× “JEZEK, JUDGE PRESIDING MEMORANDUM OPINION Following a bench trial, the district court convicted appellant Curtis Fenderson of the offenses of taking a weapon from a peace officer, see Tex. Penal Code § 38.14(b), and assault on a public servant, see id.”
Eduard Soria v. State of Texas, No. 08-20-00074-CR (Tex. App.—El Paso July 27, 2022).
· cites it 2× “647 (current version at TEX.PENAL CODE ANN. § 38.14(b)) (a person “commits an offense if the person intentionally or knowingly and with force takes or attempts to take from a peace officer .”
Mark Anthony Taylor v. State, No. 07-08-00308-CR (Tex. App.—Amarillo July 13, 2010).
· cites it 2× “2 TEX. PENAL CODE ANN. § 38.14(b) (Vernon Supp.”
Veronica Ann Arroyo v. State, No. 03-18-00703-CR (Tex. App.—Austin Sept. 30, 2020).
“Laws —, — (current version at Tex. Penal Code § 38.14(b)). 9 In closing argument, appellant’s counsel conceded that appellant had “a hold on” the holstered weapon but argued the distinction between “one of those grabs [that] might end up on the holster,” which he agreed was a…”
Tex. Penal Code § 38.14(a)(3): 1 case
Jarod Smith v. State, No. 03-19-00099-CR (Tex. App.—Austin Jan. 21, 2021).
“” Tex. Penal Code § 38.14(a)(3). Accordingly, the phrase “commissioned security officer” under Section 38.”
Tex. Penal Code § 38.14(b): 8 cases
Jackson v. State, 993 S.W.2d 162 (Tex. App.—Eastland 1999).
“TEX. PENAL CODE ANN. § 38.14(b) (Vernon 1994) A person commits an offense if the person intentionally or knowingly and with force takes or attempts to take from a peace officer the officer’s firearm, nightstick, or personal protection chemical dispensing device with the…”
Jarod Smith v. State, No. 03-19-00099-CR (Tex. App.—Austin Jan. 21, 2021).
“” Tex. Penal Code § 38.14(a)(3). Accordingly, the phrase “commissioned security officer” under Section 38.”
Curtis A. Fenderson v. State of Texas, No. 03-20-00162-CR (Tex. App.—Austin June 3, 2021).
“JEZEK, JUDGE PRESIDING MEMORANDUM OPINION Following a bench trial, the district court convicted appellant Curtis Fenderson of the offenses of taking a weapon from a peace officer, see Tex. Penal Code § 38.14(b), and assault on a public servant, see id.”
Adam Marroquin v. State, No. 04-16-00409-CR (Tex. App.—San Antonio Jan. 31, 2018).
“” TEX. PENAL CODE ANN. § 38.14(b). Section (d) provides that “[i]t is a defense to prosecution under this section that the defendant took or attempted to take the weapon from a peace officer, … who was using force against the defendant or another in excess of the amount of force…”
Tex. Penal Code § 38.14(d): 2 cases
Adam Marroquin v. State, No. 04-16-00409-CR (Tex. App.—San Antonio Jan. 31, 2018).
“” TEX. PENAL CODE ANN. § 38.14(b). Section (d) provides that “[i]t is a defense to prosecution under this section that the defendant took or attempted to take the weapon from a peace officer, … who was using force against the defendant or another in excess of the amount of force…”
Eduard Soria v. State of Texas, No. 08-20-00074-CR (Tex. App.—El Paso July 27, 2022).
“647 (current version at TEX.PENAL CODE ANN. § 38.14(b)) (a person “commits an offense if the person intentionally or knowingly and with force takes or attempts to take from a peace officer .”
Tex. Penal Code § 38.14(e)(2): 1 case
Jarod Smith v. State, No. 03-19-00099-CR (Tex. App.—Austin Jan. 21, 2021).
“” Tex. Penal Code § 38.14(a)(3). Accordingly, the phrase “commissioned security officer” under Section 38.”
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