Chapter 42. Disorderly conduct and related offenses
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) enters on the property of another and for a lewd or unlawful purpose looks into a dwelling on the property through any window or other opening in the dwelling;
- (8) while on the premises of a hotel or comparable establishment, for a lewd or unlawful purpose looks into a guest room not his own through a window or other opening in the room;
- (9) 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;
- (10) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
- (11) discharges a firearm on or across a public road; or
- (12) 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.
(b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct.
(c) For purposes of this section:
- (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)(9) or (a)(10), in which event it is a Class B misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Â§ 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 181, ch. 89, Â§Â§ 1, 2, eff. Aug. 29, 1977; Acts 1983, 68th Leg., p. 4641, ch. 800, Â§ 1, eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 145, Â§ 2, eff. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 900, Â§ 1.01, eff. Sept. 1, 1994.
Amended by Acts 1995, 74th Leg., ch. 318, Â§ 14, eff. Sept. 1, 1995.