FastLaws: 2004 Texas Penal Code, Sec. 38.14. Taking or Attempting to Take Weapon from Peace Officer, Parole Officer, or Community Supervision and Corrections Department Officer.

Please see the Terms of Use Policy
for information on copyright, disclaimer of warranties, and sources.

Please send your feedback, suggestions, and
other comments by using the contact page.
To tell others about this site, use the referral page.

Baker's Texas Penal Code Handbook includes the full text of the Texas Penal Code as amended through the 79th Session of the Texas Legislature, and contains over 16,000 case notes from reported Texas court decisions, constituting a one-volume annotated Texas Penal Code. For more information visit the Baker's Texas Penal Code Handbook information page. The 2006 Edition of Baker's Texas Penal Code Handbook contains 338 case notes under Chapter 38. Use our order form to place your order today.

From bills passed at the 79th Regular Session of the Texas Legislature (2005):

(see caveat and source notes at the 79th Regular Session page)

Penal Code Provision	Change	Bill	Sec.
Sec. 38.14 (a)	amended	HB 582	1
Sec. 38.14 (b)	amended	HB 582	1

Sec. 38.14. Taking or Attempting to Take Weapon from Peace Officer, Parole Officer, or Community Supervision and Corrections Department Officer.

(b) A person commits an offense if the person intentionally or knowingly and with force takes or attempts to take from a peace officer, parole officer, or community supervision and corrections department officer the officer's firearm, nightstick, or personal protection chemical dispensing device with the intention of harming the officer or a third person.

(c) The actor is presumed to have known that the peace officer, parole officer, or community supervision and corrections department officer was a peace officer, parole officer, or community supervision and corrections department officer if the officer was wearing a distinctive uniform or badge indicating his employment, or if the officer identified himself as a peace officer, parole officer, or community supervision and corrections department officer.

(d) It is a defense to prosecution under this section that the defendant took or attempted to take the weapon from a peace officer, parole officer, or community supervision and corrections department officer who was using force against the defendant or another in excess of the amount of force permitted by law.

(e) An offense under this section is a felony of the third degree if the defendant took a weapon described by Subsection (b) from an officer described by Subsection (b) and is a state jail felony if the defendant attempted to take the weapon from the officer.

Added by Acts 1989, 71st Leg., ch. 986, Sec. 1, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Penal Code Sec. 38.16 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(25), eff. Sept. 6, 1990. Renumbered from V.T.C.A., Penal Code Sec. 38.17 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1999, 76th Leg., ch. 714, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 322, Sec. 1, eff. Sept. 1, 2001.