Texas Codes

Tex. Penal Code § 38.15 (2026)

Interference With Public Duties

✓ current as of May 2026

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Sec. 38.15. INTERFERENCE WITH PUBLIC DUTIES. (a) A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with:

(1) a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law;

(2) a person who is employed to provide emergency medical services including the transportation of ill or injured persons while the person is performing that duty;

(3) a fire fighter, while the fire fighter is fighting a fire or investigating the cause of a fire;

(4) an animal under the supervision of a peace officer, corrections officer, or jailer, if the person knows the animal is being used for law enforcement, corrections, prison or jail security, or investigative purposes;

(5) the transmission of a communication over a citizen's band radio channel, the purpose of which communication is to inform or inquire about an emergency;

(6) an officer with responsibility for animal control in a county or municipality, while the officer is performing a duty or exercising authority imposed or granted under Chapter 821 or 822, Health and Safety Code;

(7) a person who:

(A) has responsibility for assessing, enacting, or enforcing public health, environmental, radiation, or safety measures for the state or a county or municipality;

(B) is investigating a particular site as part of the person's responsibilities under Paragraph (A);

(C) is acting in accordance with policies and procedures related to the safety and security of the site described by Paragraph (B); and

(D) is performing a duty or exercising authority imposed or granted under the Agriculture Code, Health and Safety Code, Occupations Code, or Water Code; or

(8) a person who is an employee or agent of a utility while the person is performing a duty within the scope of that employment or agency.

(b) An offense under this section is a Class B misdemeanor.

(c) It is a defense to prosecution under Subsection (a)(1) that the conduct engaged in by the defendant was intended to warn a person operating a motor vehicle of the presence of a peace officer who was enforcing Subtitle C, Title 7, Transportation Code.

(d) It is a defense to prosecution under this section that the interruption, disruption, impediment, or interference alleged consisted of speech only.

(d-1) Except as provided by Subsection (d-2), in a prosecution for an offense under Subsection (a)(1), there is a rebuttable presumption that the actor interferes with a peace officer if it is shown on the trial of the offense that the actor intentionally disseminated the home address, home telephone number, emergency contact information, or social security number of the officer or a family member of the officer or any other information that is specifically described by Section 552.117(a), Government Code.

(d-2) The presumption in Subsection (d-1) does not apply to information disseminated by:

(1) a radio or television station that holds a license issued by the Federal Communications Commission; or

(2) a newspaper that is:

(A) a free newspaper of general circulation or qualified to publish legal notices;

(B) published at least once a week; and

(e) In this section:

(1) "Emergency" means a condition or circumstance in which an individual is or is reasonably believed by the person transmitting the communication to be in imminent danger of serious bodily injury or in which property is or is reasonably believed by the person transmitting the communication to be in imminent danger of damage or destruction.

(2) "Utility" means:

(A) an electric utility, as defined by Section 31.002, Utilities Code;

(B) a telecommunications provider, as defined by Section 51.002, Utilities Code;

(D) a gas utility, as defined by Section 101.003, Utilities Code, which for the purposes of this subsection includes a municipally owned utility as defined by that section;

(E) a gas utility, as defined by Section 121.001, Utilities Code;

(F) a pipeline used for the transportation or sale of oil, gas, or related products;

(G) an electric cooperative or municipally owned utility, as defined by Section 11.003, Utilities Code;

(H) a broadband provider, as defined by Section 253.0001, Utilities Code; or

(I) a retail water or sewer utility service, as defined by Section 13.002, Water Code.

Added by Acts 1989, 71st Leg., ch. 1162, 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(26), eff. Sept. 6, 1990. Renumbered from Penal Code Sec. 38.18 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.241, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch. 1212 (H.B. 825), Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1251 (H.B. 2703), Sec. 1, eff. September 1, 2007.

Acts 2015, 84th Leg., R.S., Ch. 519 (H.B. 1061), Sec. 1, eff. September 1, 2015.

Acts 2025, 89th Leg., R.S., Ch. 478 (S.B. 482), Sec. 4, eff. September 1, 2025.

Notes of Decisions

Cited in 133 cases (41 in the last 5 years), 2000–2026 · leading case: Randy Childers v. Ed Iglesias, 848 F.3d 412 (5th Cir. 2017).

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Randy Childers v. Ed Iglesias, 848 F.3d 412 (5th Cir. 2017). · cites it 8× “at 656; see also Tex. Penal Code § 38.15 (“A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with .”

Freeman v. Gore, 483 F.3d 404 (5th Cir. 2007). · cites it 5× “The district court expressly rejected the deputies’ arguments that (i) they simply detained, rather than arrested, Freeman, and that they had the requisite reasonable suspicion to do so; and (ii) they had probable cause to arrest Freeman for Interference with Public Duties, in…”

Erin Lincoln v. City of Colleyville, Texas, 874 F.3d 833 (5th Cir. 2017). · cites it 4× “” Erin’s argument is twofold: first, that Turner had no probable cause to arrest her under Texas Penal Code § 38.15 for “interference with public duties” because her conduct fell within a clearly established “speech only” exception, and second, that it is clearly established…”

Constance Westfall v. Jose Luna, 903 F.3d 534 (5th Cir. 2018). · cites it 3× “Westfall was charged with interference with public duties under Texas Penal Code section 38.15, though the charges were ultimately dropped.”

Faust v. State, 491 S.W.3d 733 (Tex. Crim. App. 2015). · cites it 8× “Tex. Penal Code Ann. § 3815 (a)(1) (West 2013).”

Duncantell v. State, 230 S.W.3d 835 (Tex. App. 2007). · cites it 4× “See Tex. Penal Code Ann. § 38.15 (a)(1) (Vernon 2003).”

Derrick Newman v. James Guedry, 703 F.3d 757 (5th Cir. 2012). · cites it 2× “, Tex. Penal Code Ann. § 38.15 (a) (interference with peace officer a misdemean- or); Tex.”

Lovett v. State, 523 S.W.3d 342 (Tex. App. 2017). · cites it 4× “01 (a)(8), (West 2016)) and affirm Lovett’s conviction for interfering with public duties ( Tex. Penal Code Ann. § 38.15 (a)(1) (West 2016)).”

Stitt v. State, 102 S.W.3d 845 (Tex. App. 2003). · cites it 3× “Samuel Dean Stitt was found guilty by a jury of interfering with public duties, pursuant to Tex. Pen.Code Ann. § 38.15 (Vernon 2003).”

Kersey v. Wilson, 69 S.W.3d 794 (Tex. App. 2002). · cites it 5× “Tex. Penal Code Ann. § 38.15 (a)(1) (Vernon Supp.”

Carter v. Diamond URS Huntsville, LLC, 175 F. Supp. 3d 711 (S.D. Tex. 2016). · cites it 2× “See Tex. Penal Code Ann. § 38.15 (a)(l)("A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with.”

Carney v. State, 31 S.W.3d 392 (Tex. App. 2000). · cites it 3× “See Tex.Penal Code Ann. § 38.15 (West Supp.2000).”

Show all 133 citing cases →

— Tex. Penal Code § 38.15(a) — 10 cases

Derrick Newman v. James Guedry, 703 F.3d 757 (5th Cir. 2012). “, Tex. Penal Code Ann. § 38.15 (a) (interference with peace officer a misdemean- or); Tex.”

William Yarbrough v. State, 429 S.W.3d 118 (Tex. App. 2014).

Westfall v. Luna (5th Cir. 2022).

Yat Ho Wong v. the State of Texas (Tex. App. 2024).

Chuttoo v. Horton (E.D. Tex. 2022).

— Tex. Penal Code § 38.15(a)(1) — 45 cases

Faust v. State, 491 S.W.3d 733 (Tex. Crim. App. 2015). “Tex. Penal Code Ann. § 3815 (a)(1) (West 2013).”

Constance Westfall v. Jose Luna, 903 F.3d 534 (5th Cir. 2018). “Westfall was charged with interference with public duties under Texas Penal Code section 38.15, though the charges were ultimately dropped.”

Pedro Antonio Segovia v. State, 543 S.W.3d 497 (Tex. App. 2018).

United States v. Raney, 633 F.3d 385 (5th Cir. 2011).

Carter v. Diamond URS Huntsville, LLC, 175 F. Supp. 3d 711 (S.D. Tex. 2016). “See Tex. Penal Code Ann. § 38.15 (a)(l)("A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with.”

— Tex. Penal Code § 38.15(a)(2) — 2 cases

Geoffrey Dugger v. Mary Ann Arredondo, Individually & as Rep. of the Est. of Joel Martinez, 408 S.W.3d 825 (Tex. 2013).

Barnes v. State, 166 S.W.3d 416 (Tex. App. 2005).

— Tex. Penal Code § 38.15(b) — 4 cases

Karen Kay Phillips v. the State of Texas (Tex. App. 2025).

Carolyn Rodriguez v. the State of Texas (Tex. App. 2025).

Manuel Mata v. the State of Texas (2026).

— Tex. Penal Code § 38.15(d) — 15 cases

Key v. State, 88 S.W.3d 672 (Tex. App. 2002).

Carney v. State, 31 S.W.3d 392 (Tex. App. 2000). “See Tex.Penal Code Ann. § 38.15 (West Supp.2000).”

Ex Parte James Richard \Rick\" Perry", 471 S.W.3d 63 (Tex. App. 2015).

Lindon Tucker v. State, 114 S.W.3d 718 (Tex. App. 2003).

Carolyn Rodriguez v. the State of Texas (Tex. App. 2025).

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