Texas Penal Code 32.44 – Rigging Publicly Exhibited Contest

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Texas Penal Code 32.44 – Rigging Publicly Exhibited Contest

WHAT IS RIGGING PUBLICLY EXHIBITED CONTEST IN TEXAS?

The Texas law against rigging a publicly exhibited contest prohibits interfering or attempting to interfere with a game, sporting event, or other public contest or event in which there is an ultimate winner.

Examples of rigging a publicly exhibited contest include offering money to a boxer or fighter to lose a match or fight, hurting a horse or greyhound prior to a race, or threatening harm to a player in a game to influence how he or she plays.

WHAT IS THE RIGGING PUBLICLY EXHIBITED CONTEST LAW IN TEXAS?

Tex. Penal Code § 32.44. RIGGING PUBLICLY EXHIBITED CONTEST.

(a) A person commits an offense if, with intent to affect the outcome (including the score) of a publicly exhibited contest:

(1) he offers, confers, or agrees to confer any benefit on, or threatens harm to:

(A) a participant in the contest to induce him not to use his best efforts; or

(B) an official or other person associated with the contest; or

(2) he tampers with a person, animal, or thing in a manner contrary to the rules of the contest.

(b) A person commits an offense if he intentionally or knowingly solicits, accepts, or agrees to accept any benefit the conferring of which is an offense under Subsection (a).

WHAT IS THE PENALTY CLASS FOR RIGGING PUBLICLY EXHIBITED CONTEST IN TEXAS?

Rigging a publicly exhibited contest is a Class A misdemeanor, punishable by up to one year in county jail.

WHAT IS THE PUNISHMENT RANGE FOR RIGGING PUBLICLY EXHIBITED CONTEST IN TEXAS?

The punishment range for rigging a publicly exhibited contest, a Class A misdemeanor, is a maximum jail sentence of one year, and a fine of up to $4,000.

WHAT ARE THE PENALTIES FOR RIGGING PUBLICLY EXHIBITED CONTEST IN TEXAS?

A person charged with rigging a publicly exhibited contest may be eligible for probation after a conviction, or deferred adjudication without a conviction, for a period not to exceed two years.

WHAT ARE THE DEFENSES TO RIGGING PUBLICLY EXHIBITED CONTEST IN TEXAS?

The statute does not authorize specific defenses to rigging a publicly exhibited contest. A person accused thereof may assert any defense in an attempt to negate at least one of the elements the State must prove at trial.

WHAT IS THE STATUTE OF LIMITATIONS FOR RIGGING PUBLICLY EXHIBITED CONTEST IN TEXAS?

The limitation period for rigging a publicly exhibited contest is two years.

RIGGING PUBLICLY EXHIBITED CONTEST IN TEXAS

A person who rigs a publicly exhibited contest will likely be prosecuted under other Texas laws with higher penalties. However, offering a benefit or threatening harm to a sports participant, or otherwise attempting to influence the outcome of a publicly exhibited contest, may be charged, at the very least, as a Class A misdemeanor under this statute.

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CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest.

CHARGES DISMISSED

DWI 2ND

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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