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(was 38.17). Use the order form to order your copy.
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Renumbered 9/1/94 from 38.17
Sec. 38.14. TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE OFFICER. (a) In this section, "firearm" has the meanings assigned by Section 46.01.
(b) A person commits an offense if the person intentionally or knowingly and with force takes or attempts to take from a peace 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 was a peace officer if the officer was wearing a distinctive uniform or badge indicating his employment, or if the officer identified himself as a peace 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 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 state jail felony.
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