Texas Codes
Tex. Penal Code § 38.16 (2026)
Preventing Execution Of Civil Process
✓ laws through the 89th Legislature (2025)
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Sec. 38.16. PREVENTING EXECUTION OF CIVIL PROCESS. (a) A person commits an offense if he intentionally or knowingly by words or physical action prevents the execution of any process in a civil cause.
(b) It is an exception to the application of this section that the actor evaded service of process by avoiding detection.
(c) An offense under this section is a Class C misdemeanor.
Added by Acts 1995, 74th Leg., ch. 318, Sec. 13, eff. Sept. 1, 1995.
Notes of Decisions
Cited in 5
cases, 2000–2017 · leading case: Carney v. State, 31 S.W.3d 392 (Tex. App.—Austin 2000).
Carney v. State, 31 S.W.3d 392 (Tex. App.—Austin 2000). “Tex.Penal Code Ann. § 38.16 (West Supp. 2000).”
Charles N. Draper v. Greg Guernsey, No. 03-16-00745-CV (Tex. App.—Austin Jan. 5, 2017). “(Tex. Penal Code Ann.§ 38.16(a)), § 85. Knowledge of False Statement- The evidence may be sufficient even if it does not show that the accused knew the statement was false because a person may commit perjury by swearing to a matter about which he or she has no knowledge or…”
David George Carney v. State, No. 03-99-00401-CR (Tex. App.—Austin Oct. 12, 2000). “Tex. Penal Code Ann. § 38.16 (West Supp. 2000).”
Untitled Texas Attorney Gen. Opinion, No. GA-113 (Tex. Att'y Gen. July 2, 2003). “” TEX. PEN. CODE ANN. § 38.16(a) (Vernon 2003).”
David George Carney v. State, No. 03-99-00401-CR (Tex. App.—Austin Oct. 12, 2000). “Appellant began arguing with Sergeant Anderson about the validity of the search warrant, contending his wife’s name was not on the warrant, the property was not described, and Tex. Penal Code Ann. § 38.16 (West Supp. 2000).”
Tex. Penal Code § 38.16(a): 2 cases
Charles N. Draper v. Greg Guernsey, No. 03-16-00745-CV (Tex. App.—Austin Jan. 5, 2017). “(Tex. Penal Code Ann.§ 38.16(a)), § 85. Knowledge of False Statement- The evidence may be sufficient even if it does not show that the accused knew the statement was false because a person may commit perjury by swearing to a matter about which he or she has no knowledge or…”
Untitled Texas Attorney Gen. Opinion, No. GA-113 (Tex. Att'y Gen. July 2, 2003). “” TEX. PEN. CODE ANN. § 38.16(a) (Vernon 2003).”
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