Penal Code · §42.01

Public Order

Public Order is covered under §42.01 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Most subsections (a)(1)–(11): Class C; Discharging firearm or displaying deadly weapon to alarm: Class B.

Elements you must prove

  • Most subsections (a)(1)–(11): Class C
  • Discharging firearm or displaying deadly weapon to alarm: Class B

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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)