Penal Code · §42.01

Disorderly Conduct

Disorderly Conduct (§42.01): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Most subsections of §42.01(a): Class C
  • Discharging a firearm in a public place other than a public road (a)(7), or displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm (a)(8): Class B (§42.01(d))

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Worked examples

Worked example 1

Disorderly Conduct under §42.01 is generally a Class C misdemeanor. Which of the following raises it to a Class B?

  1. Using offensive language in public
  2. Discharging a firearm in a public place other than a public road or sport-shooting range; OR displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm Correct
  3. Refusing to leave a private business
  4. Engaging in a fistfight
Why: Disorderly Conduct is a Class C in most forms (offensive language, gestures, fighting words, peeping). It is a Class B misdemeanor when committed by discharging a firearm in a public place (non-range), or displaying a firearm/deadly weapon in a manner calculated to alarm.
Statute: Tex. Penal Code §42.01(d)