Sec. 42.062. INTERFERENCE WITH EMERGENCY REQUEST FOR ASSISTANCE. (a) An individual commits an offense if the individual knowingly prevents or interferes with another individual's ability to place an emergency call or to request assistance, including a request for assistance using an electronic communications device, in an emergency from a law enforcement agency, medical facility, or other agency or entity the primary purpose of which is to provide for the safety of individuals.
(b) An individual commits an offense if the individual recklessly renders unusable an electronic communications device, including a telephone, that would otherwise be used by another individual to place an emergency call or to request assistance in an emergency from a law enforcement agency, medical facility, or other agency or entity the primary purpose of which is to provide for the safety of individuals.
(c) An offense under this section is a Class A misdemeanor, except that the offense is a state jail felony if the actor has previously been convicted under this section.
(d) In this section, "emergency" means a condition or circumstance in which any individual is or is reasonably believed by the individual making a call or requesting assistance to be in fear of imminent assault or in which property is or is reasonably believed by the individual making the call or requesting assistance to be in imminent danger of damage or destruction.
Added by Acts 2001, 77th Leg., ch. 690, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 460, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1164, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 331 (H.B. 1972), Sec. 7, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 331 (H.B. 1972), Sec. 8, eff. September 1, 2013.
Notes of Decisions
Cited in
34
cases (
4 in the last 5 years), 2006–2025 · leading case:
Urtado v. State, 333 S.W.3d 418 (Tex. App. 2011).
Urtado v. State, 333 S.W.3d 418 (Tex. App. 2011).
· cites it 2× “See Tex. Penal Code Ann. § 42.062 (West Supp.”
Jackson v. State, 287 S.W.3d 346 (Tex. App. 2009).
“Tex. Penal Code Ann. § 42.062 (a) (Vernon Supp.”
David Michael Schumm v. State, 481 S.W.3d 398 (Tex. App. 2015).
· cites it 2× “ut that evidence had no bearing on whether the complainant feared an imminent assault when she attempted to make a 911 call. The trial court therefore did not abuse its discretion by excluding the evidence on relevance grounds.”
Padilla Tello v. Garland (5th Cir. 2023).
· cites it 6× “The BIA found that his prior conviction for interfering with an emergency call under Texas Penal Code § 42.062 was a crime involving moral turpitude, rendering him ineligible for cancellation of removal under 8 U.”
Danny Wayne Alcoser v. State (Tex. App. 2019).
· cites it 2× “See TEX. PENAL CODE ANN. § 42.062(a). “Knowingly” is the only culpable mental state applicable to this offense.”
Richard Louis Nolen, Jr. v. State (Tex. App. 2009).
· cites it 3× “A jury convicted appellant of the offense and assessed punishment at sixty days' incarceration in a county jail with a $1,000 fine and $345 in court costs. By four issues, appellant argues that: (1) the trial court erred in admitting into evidence hearsay statements made to…”
Richard Louis Nolen, Jr. v. State (Tex. App. 2009).
· cites it 3× “By four issues, appellant argues that: (1) the trial court erred in admitting into evidence hearsay statements made to police by Karen Nolen, appellant's ex-wife; and (2) the evidence supporting his conviction is legally and factually insufficient.”
Scott Armstrong v. State (Tex. App. 2011).
· cites it 3× “" Tex. Penal Code § 42.062(b). The statute defines "emergency" as a condition or circumstance in which any individual is or is reasonably believed by the individual making a telephone call to be in fear of imminent assault or in which property is or is reasonably believed by the…”
Roy Leslie Crayton v. State (Tex. App. 2015).
· cites it 3× “See Tex. Penal Code § 42.062. In his only issue, Crayton contends that the evidence at trial was legally insufficient to support his conviction.”
— Tex. Penal Code § 42.062(a) — 12 cases
Danny Wayne Alcoser v. State (Tex. App. 2019).
“See TEX. PENAL CODE ANN. § 42.062(a). “Knowingly” is the only culpable mental state applicable to this offense.”
— Tex. Penal Code § 42.062(b) — 3 cases
Padilla Tello v. Garland (5th Cir. 2023).
“The BIA found that his prior conviction for interfering with an emergency call under Texas Penal Code § 42.062 was a crime involving moral turpitude, rendering him ineligible for cancellation of removal under 8 U.”
Scott Armstrong v. State (Tex. App. 2011).
“" Tex. Penal Code § 42.062(b). The statute defines "emergency" as a condition or circumstance in which any individual is or is reasonably believed by the individual making a telephone call to be in fear of imminent assault or in which property is or is reasonably believed by the…”
— Tex. Penal Code § 42.062(c) — 2 cases
— Tex. Penal Code § 42.062(d) — 5 cases
Scott Armstrong v. State (Tex. App. 2011).
“" Tex. Penal Code § 42.062(b). The statute defines "emergency" as a condition or circumstance in which any individual is or is reasonably believed by the individual making a telephone call to be in fear of imminent assault or in which property is or is reasonably believed by the…”
Roy Leslie Crayton v. State (Tex. App. 2015).
“See Tex. Penal Code § 42.062. In his only issue, Crayton contends that the evidence at trial was legally insufficient to support his conviction.”
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