Tex. Codes » Penal Code · TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY · CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES
Texas Codes

Tex. Penal Code § 42.11 (2026)

Destruction Of Flag

✓ current as of May 2026
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 42.11. DESTRUCTION OF FLAG. (a) A person commits an offense if the person intentionally or knowingly damages, defaces, mutilates, or burns the flag of the United States or the State of Texas.

(b) In this section, "flag" means an emblem, banner, or other standard or a copy of an emblem, standard, or banner that is an official or commonly recognized depiction of the flag of the United States or of this state and is capable of being flown from a staff of any character or size. The term does not include a representation of a flag on a written or printed document, a periodical, stationery, a painting or photograph, or an article of clothing or jewelry.

(c) It is an exception to the application of this section that the act that would otherwise constitute an offense is done in conformity with statutes of the United States or of this state relating to the proper disposal of damaged flags.

(d) An offense under this section is a Class A misdemeanor.

Added by Acts 1989, 71st Leg., 1st C.S., ch. 27, Sec. 1, eff. Sept. 1, 1989. Renumbered from Penal Code Sec. 42.14 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions
Cited in 25 cases (1 in the last 5 years), 1983–2025 · leading case: State v. Johnson, Terence, 475 S.W.3d 860 (Tex. Crim. App. 2015).
Sort: Relevance Newest Treatment
State v. Johnson, Terence, 475 S.W.3d 860 (Tex. Crim. App. 2015). · cites it 5× “Trial Proceedings As a result of this incident, appellee was charged by information with violating the Texas flag-destruction statute, Texas Penal Code § 42.11. The information alleged that, on or about April 29, 2012, appellee did “[ijntentionally or knowingly damage, deface,…”
State v. Johnson, 425 S.W.3d 542 (Tex. App. 2014). · cites it 6× “Is Texas Penal Code § 42.11, which prohibits intentionally or knowingly damaging, defacing, mutilating, or burning the flag of the United States or the State of Texas, unconstitutional on its face?’ II.”
Pine v. State, 889 S.W.2d 625 (Tex. App. 1994). · cites it 2× “Tex.Penal Code Ann. § 42.11(a)(2) (Vernon 1989).”
Mills v. State, 802 S.W.2d 400 (Tex. App. 1991). · cites it 3× “” Tex.Penal Code Ann. § 42.11 (Vernon 1974).”
Carr v. Mobile Video Tapes, Inc., 893 S.W.2d 613 (Tex. App. 1995). · cites it 2× “In his affidavit, Judge Garces states that he reviewed Stout's complaint and accompanying photographs and independently found probable cause to initiate criminal proceedings against Carr.”
State v. Janssen, 580 N.W.2d 260 (Wis. 1998). “§ 39-17-311 (1997); Tex. Penal Code Ann. §42.11 (West 1994); Utah Code Ann.”
People v. Allen, 657 P.2d 447 (Colo. 1983). “Laws § 4-1-2 (1976) (1982 Cum.Supp.); S.C.Code Ann.”
Pine v. State, 921 S.W.2d 866 (Tex. App. 1996). “Appellant was convicted by a jury of cruelty to animals under Tex. Penal Code Ann. § 42.11 (a)(2) *870 (Vernon 1989).”
Granger v. Folk, 931 S.W.2d 390 (Tex. App. 1996). “Criminally, Pine was convicted, by a jury, of cruelty to animals under Texas Penal Code § 42.11(a)(2), said conviction being affirmed on appeal in Pine v.”
Mills v. State, 848 S.W.2d 878 (Tex. App. 1993). · cites it 2× “Appellant, Bessie Mills, was found guilty by a jury of 10 counts of cruelty to animals, under former Tex. Penal Code Ann. § 42.11 . 1 The 10 counts were contained in two informations, each having five counts.”
Cross v. State, 646 S.W.2d 514 (Tex. App. 1983). “11 Cruelty to Animals (a) A person commits an offense if he intentionally or knowingly: (2) fails unreasonably to provide necessary food, care or shelter for an animal in his custody; Tex.Penal Code Ann. § 42.11(a)(2) (Vernon Supp.”
Mejia v. State, 681 S.W.2d 88 (Tex. App. 1984). “Each of the appellants was charged with the misdemeanor offense of intentionally and knowingly causing animals, namely game roosters, to fight in violation of TEX. PENAL CODE ANN. § 42.11(a)(6) (Vernon 1982).”
Show all 25 citing cases →
— Tex. Penal Code § 42.11(a) — 5 cases
State v. Johnson, Terence, 475 S.W.3d 860 (Tex. Crim. App. 2015). “Trial Proceedings As a result of this incident, appellee was charged by information with violating the Texas flag-destruction statute, Texas Penal Code § 42.11. The information alleged that, on or about April 29, 2012, appellee did “[ijntentionally or knowingly damage, deface,…”
Lopez v. State, 720 S.W.2d 201 (Tex. App. 1986).
State v. Terence Johnson (Tex. App. 2013).
State v. Terence Johnson (Tex. App. 2015).
State v. Terence Johnson (Tex. App. 2015).
— Tex. Penal Code § 42.11(a)(2) — 4 cases
Pine v. State, 889 S.W.2d 625 (Tex. App. 1994). “Tex.Penal Code Ann. § 42.11(a)(2) (Vernon 1989).”
Carr v. Mobile Video Tapes, Inc., 893 S.W.2d 613 (Tex. App. 1995). “In his affidavit, Judge Garces states that he reviewed Stout's complaint and accompanying photographs and independently found probable cause to initiate criminal proceedings against Carr.”
Granger v. Folk, 931 S.W.2d 390 (Tex. App. 1996). “Criminally, Pine was convicted, by a jury, of cruelty to animals under Texas Penal Code § 42.11(a)(2), said conviction being affirmed on appeal in Pine v.”
Cross v. State, 646 S.W.2d 514 (Tex. App. 1983). “11 Cruelty to Animals (a) A person commits an offense if he intentionally or knowingly: (2) fails unreasonably to provide necessary food, care or shelter for an animal in his custody; Tex.Penal Code Ann. § 42.11(a)(2) (Vernon Supp.”
— Tex. Penal Code § 42.11(a)(4) — 2 cases
Mills v. State, 802 S.W.2d 400 (Tex. App. 1991). “” Tex.Penal Code Ann. § 42.11 (Vernon 1974).”
Lopez v. State, 720 S.W.2d 201 (Tex. App. 1986).
— Tex. Penal Code § 42.11(a)(6) — 1 case
Mejia v. State, 681 S.W.2d 88 (Tex. App. 1984). “Each of the appellants was charged with the misdemeanor offense of intentionally and knowingly causing animals, namely game roosters, to fight in violation of TEX. PENAL CODE ANN. § 42.11(a)(6) (Vernon 1982).”
— Tex. Penal Code § 42.11(c) — 2 cases
State v. Terence Johnson (Tex. App. 2013).
Johnson, Terence (Tex. App. 2015).
— Tex. Penal Code § 42.11(d) — 1 case
Mills v. State, 802 S.W.2d 400 (Tex. App. 1991). “” Tex.Penal Code Ann. § 42.11 (Vernon 1974).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.