Texas Codes

Tex. Penal Code § 42.01 (2026)

Disorderly Conduct

✓ current as of May 2026

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Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:

(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;

(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;

(3) creates, by chemical means, a noxious and unreasonable odor in a public place;

(4) abuses or threatens a person in a public place in an obviously offensive manner;

(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;

(6) fights with another in a public place;

(7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;

(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

(9) discharges a firearm on or across a public road;

(10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or

(11) for a lewd or unlawful purpose:

(A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;

(B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or

(C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.

(a-1) For purposes of Subsection (a), the term "public place" includes a public school campus or the school grounds on which a public school is located.

(b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct.

(1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and

(2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.

(d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.

(e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code.

(e-1) Subsection (a)(9) does not apply to a person who, at the time the person engaged in conduct prohibited under that subdivision, was an employee of the Parks and Wildlife Department acting within the scope of the employee's authority under Section 12.013(c), Parks and Wildlife Code.

(f) Subsections (a)(1), (2), (3), (5), and (6) do not apply to a person who, at the time the person engaged in conduct prohibited under the applicable subdivision, was a student younger than 12 years of age, and the prohibited conduct occurred at a public school campus during regular school hours.

(g) Noise arising from space flight activities, as defined by Section 100A.001, Civil Practice and Remedies Code, if lawfully conducted, does not constitute "unreasonable noise" for purposes of this section.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 181, ch. 89, Sec. 1, 2, eff. Aug. 29, 1977; Acts 1983, 68th Leg., p. 4641, ch. 800, Sec. 1, eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 145, Sec. 2, eff. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 14, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 54, Sec. 4, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 389, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 691 (H.B. 359), Sec. 6, eff. September 1, 2011.

Acts 2013, 83rd Leg., R.S., Ch. 953 (H.B. 1791), Sec. 6, eff. September 1, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 19, eff. September 1, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 1409 (S.B. 1114), Sec. 9, eff. September 1, 2013.

Acts 2023, 88th Leg., R.S., Ch. 188 (H.B. 3065), Sec. 3, eff. September 1, 2023.

Notes of Decisions

Cited in 133 cases (13 in the last 5 years), 1977–2026 · leading case: Coggin v. State, 123 S.W.3d 82 (Tex. App. 2003).

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Coggin v. State, 123 S.W.3d 82 (Tex. App. 2003). · cites it 12× “See Tex. Pen.Code Ann. § 42.01(a)(2) (West 2003).”

State v. Ross, 573 S.W.3d 817 (Tex. Crim. App. 2019). · cites it 12× “See Tex. Penal Code § 42.01(a)(11). Benton , 980 S.”

Texas v. Johnson, 491 U.S. 397 (1989). · cites it 4× “The court also stressed that another Texas statute, Tex. Penal Code Ann. § 42.01 (1989), prohibited breaches of the peace.”

City of Houston v. Hill, 482 U.S. 451 (1987). · cites it 4× “Tex. Penal Code Ann. § 42.01 , pp. 124-125 (1974 and Supp.”

Atwater v. City of Lago Vista, 532 U.S. 318 (2001). · cites it 2× “§§ 844a(a), (c) (first offense for possession of "personal use amount" of controlled substance subject to maximum $10,000 fine; subsequent offense punishable by imprisonment); Tex. Penal Code Ann. §§ 42.01 , 49.02, 12.”

Ex Parte Derek Ty Poe, 491 S.W.3d 348 (Tex. App. 2016). · cites it 8× “See Tex. Penal Code Ann. § 42.01 (a)(8) (West Supp.”

United States v. Reyes-Maya, 305 F.3d 362 (5th Cir. 2002). · cites it 4× “03 (Vernon 1992), and disorderly conduct, Tex. Penal Code Ann. § 42.01 , as they were at the time of conviction.”

Samuel L. Pfannstiel v. City of Marion, Doyle Elliot & James A. Pearce, Mike Earl, Harvey Faulkner & Waldon Boecker, Etc., 918 F.2d 1178 (5th Cir. 1990). · cites it 2× “When viewed in the light most favorable to Roy Vizza, the summary judgment evidence reflects that an objectively reasonable police officer could have concluded that probable cause existed to arrest him for disorderly conduct under Tex.Penal Code Ann. § 42.01 (Vernon 1989) and…”

Ryan Zimmerman v. Gary Cutler, 657 F. App'x 340 (5th Cir. 2016). · cites it 2× “The Texas public intoxication statute is violated if a person “appears in a public place while intoxicated to the degree that the person may endanger [himself] or another.”

Blevins v. State, 672 S.W.2d 828 (Tex. App. 1984). · cites it 4× “1982-83), and from a conviction for discharging a firearm on or across a public road in violation of TEX.PENAL CODE ANN. § 42.01(a)(10) (Vernon Supp.”

Faust v. State, 491 S.W.3d 733 (Tex. Crim. App. 2015). · cites it 2× “Tex Penal Code § 42.01(a)(1) provides that "[a] person commits an offense if he intentionally or knowingly: (1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its Very utterance tends to incite an immediate breach of the peace,” .”

Estes v. State, 660 S.W.2d 873 (Tex. App. 1983). · cites it 4× “Appellant was charged with disorderly conduct under TEX.PENAL CODE ANN. § 42.01(a)(2) (Vernon Supp.”

Show all 133 citing cases →

— Tex. Penal Code § 42.01(11) — 1 case

Ex Parte Robert Metzger (Tex. App. 2020).

— Tex. Penal Code § 42.01(a) — 4 cases

State v. Beam, 226 S.W.3d 392 (Tex. 2007).

Sauceda v. City of San Benito, 78 F.4th 174 (5th Cir. 2023).

Flores v. State, 942 S.W.2d 735 (Tex. App. 1997).

Unknown, 29 F.3d 1012.

— Tex. Penal Code § 42.01(a)(1) — 12 cases

Faust v. State, 491 S.W.3d 733 (Tex. Crim. App. 2015). “Tex Penal Code § 42.01(a)(1) provides that "[a] person commits an offense if he intentionally or knowingly: (1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its Very utterance tends to incite an immediate breach of the peace,” .”

Duran v. Furr's Supermarkets, Inc., 921 S.W.2d 778 (Tex. App. 1996).

Ross v. State, 802 S.W.2d 308 (Tex. App. 1990).

Graham v. Dall. Area Rapid Transit, 288 F. Supp. 3d 711 (N.D. Tex. 2017).

Nixon v. State, 928 S.W.2d 208 (Tex. App. 1996).

— Tex. Penal Code § 42.01(a)(10) — 4 cases

Blevins v. State, 672 S.W.2d 828 (Tex. App. 1984). “1982-83), and from a conviction for discharging a firearm on or across a public road in violation of TEX.PENAL CODE ANN. § 42.01(a)(10) (Vernon Supp.”

State v. McKnight, 217 S.W.3d 596 (Tex. App. 2006).

James Clayburn Kiser v. State (Tex. App. 2015).

Ricardo Romano v. State (Tex. App. 2019).

— Tex. Penal Code § 42.01(a)(11) — 1 case

State v. Ross, 573 S.W.3d 817 (Tex. Crim. App. 2019). “See Tex. Penal Code § 42.01(a)(11). Benton , 980 S.”

— Tex. Penal Code § 42.01(a)(12) — 4 cases

Lacour v. State, 980 S.W.2d 525 (Tex. App. 1998).

Liggett v. State, 998 S.W.2d 733 (Tex. App. 1999).

Fields v. City of South Houston, 922 F.2d 1183 (5th Cir. 1991).

Lacour v. State, 21 S.W.3d 794 (Tex. App. 2000).

— Tex. Penal Code § 42.01(a)(2) — 9 cases

Coggin v. State, 123 S.W.3d 82 (Tex. App. 2003). “See Tex. Pen.Code Ann. § 42.01(a)(2) (West 2003).”

Estes v. State, 660 S.W.2d 873 (Tex. App. 1983). “Appellant was charged with disorderly conduct under TEX.PENAL CODE ANN. § 42.01(a)(2) (Vernon Supp.”

State v. Rivenburgh, 933 S.W.2d 698 (Tex. App. 1996).

State v. McKinney, 803 S.W.2d 374 (Tex. App. 1990).

Aguilar v. People, 886 P.2d 725 (Colo. 1994).

— Tex. Penal Code § 42.01(a)(4) — 3 cases

Ryan Zimmerman v. Gary Cutler, 657 F. App'x 340 (5th Cir. 2016). “The Texas public intoxication statute is violated if a person “appears in a public place while intoxicated to the degree that the person may endanger [himself] or another.”

Noyola v. State, 25 S.W.3d 18 (Tex. App. 1999).

Ryan Zimmerman v. Gary Cutler (5th Cir. 2016).

— Tex. Penal Code § 42.01(a)(5) — 7 cases

George Hinshaw v. Bob Doffer, Individually & as Chief of Police, Perryton, Texas Ron Wyrick, Individually & as a Police Officer, Perryton, Texas, 785 F.2d 1260 (5th Cir. 1986).

Blanco v. State, 761 S.W.2d 38 (Tex. App. 1988).

Ron Valentine v. State of Texas, 602 F. App'x 1015 (5th Cir. 2015).

Unknown, 29 F.3d 1012.

Fadi Kraidieh v. Karen Nudelman (Tex. App. 2016).

— Tex. Penal Code § 42.01(a)(6) — 1 case

Joe Guadalupe Rangel v. State of Texas (Tex. App. 2012).

— Tex. Penal Code § 42.01(a)(7) — 2 cases

Anthony Roy Mickens v. State (Tex. App. 2011).

Hall, Kirby A/K/A Kendell Davis (Tex. App. 2015).

— Tex. Penal Code § 42.01(a)(8) — 13 cases

State v. Ross, 573 S.W.3d 817 (Tex. Crim. App. 2019). “See Tex. Penal Code § 42.01(a)(11). Benton , 980 S.”

Ex Parte Derek Ty Poe, 491 S.W.3d 348 (Tex. App. 2016). “See Tex. Penal Code Ann. § 42.01 (a)(8) (West Supp.”

Lovett v. State, 523 S.W.3d 342 (Tex. App. 2017).

Chiarini v. State, 442 S.W.3d 318 (Tex. Crim. App. 2014).

In re K. H., 169 S.W.3d 459 (Tex. App. 2005).

— Tex. Penal Code § 42.01(a)(9) — 2 cases

Torrez v. State, 34 S.W.3d 10 (Tex. App. 2000).

Welcome v. State, 865 S.W.2d 128 (Tex. App. 1993).

— Tex. Penal Code § 42.01(c)(2) — 1 case

Luensmann v. Zimmer-Zampese & Assocs., Inc., 103 S.W.3d 594 (Tex. App. 2003).

— Tex. Penal Code § 42.01(d) — 2 cases

Ryan Zimmerman v. Gary Cutler (5th Cir. 2016).

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