Texas Penal Code 39.03 – Official Oppression

WHAT IS OFFICIAL OPPRESSION IN TEXAS?

The Texas law against official oppression punishes sexual harassment, denials of rights or privileges, and unlawful mistreatment by public servants while acting in their official capacity.

• What are examples of official oppression in Texas? Texas courts have recognized official misconduct is any unlawful behavior in relation to the duties of a public servant’s office. Examples include a police officer’s use of violence to obtain a confession, a county jailor permitting prisoners to escape, a police officer’s detention of a woman to make her disrobe, and a tax assessor’s failure to report collected fees as required by law.

WHAT IS THE OFFICIAL OPPRESSION LAW IN TEXAS?

Tex. Penal Code § 39.03. OFFICIAL OPPRESSION.

(a) A public servant acting under color of his office or employment commits an offense if he:

(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;

(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or

(3) intentionally subjects another to sexual harassment.

(b) For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity.

(d) An offense under this section is a Class A misdemeanor, except that an offense is a felony of the third degree if the public servant acted with the intent to impair the accuracy of data reported to the Texas Education Agency through the Public Education Information Management System (PEIMS) described by Sections 48.008 and 48.009, Education Code, under a law requiring that reporting.

WHAT IS THE PENALTY CLASS FOR OFFICIAL OPPRESSION IN TEXAS?

Official oppression is typically a Class A misdemeanor, punishable by up to one year in county jail. Official oppression is a third degree felony, punishable by two to ten years in prison, if the public servant acted with intent to inaccurately report required data to the Texas Education Agency through the Public Education Information Management System.

WHAT IS THE PUNISHMENT RANGE FOR OFFICIAL OPPRESSION IN TEXAS?

The punishment range for official oppression charged as a Class A misdemeanor is up to one year in jail, and a maximum $4,000 fine. If charged as a third degree felony, the punishment range is between two and ten years in prison, and a maximum $10,000 fine.

WHAT ARE THE PENALTIES FOR OFFICIAL OPPRESSION IN TEXAS?

A person charged with official oppression may be eligible for probation after a conviction, or deferred adjudication without a conviction. The period of community supervision for a Class A misdemeanor may not exceed two years. The community supervision term for a third degree felony may not exceed ten years.

WHAT ARE THE DEFENSES TO OFFICIAL OPPRESSION IN TEXAS?

The statute does not authorize specific defenses to official oppression. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.

• Do Texas public servants commit official oppression if they did not know their conduct was illegal? No. The Texas official oppression law requires proof the accused knew his or her acts or omissions were illegal. If a public servant acting in his or her official capacity did not know the conduct was illegal, the evidence will not support an official oppression conviction.For example, in Ross v. State, a CPS investigator was working with law enforcement officers to find a missing newborn. They entered a mobile home to search for the baby, but found it unoccupied. The defendant was convicted of official oppression based on her search of the kitchen cabinets, which was allegedly beyond the scope of the search authorized by the warrant.

  The Texas Court of Criminal Appeals reversed, and rendered a judgment of acquittal. The defendant’s search was based on a warrant, so there was no proof she knew her search of the kitchen was unlawful.

WHAT IS THE STATUTE OF LIMITATIONS FOR OFFICIAL OPPRESSION IN TEXAS?

The limitation period for official oppression categorized as a Class A misdemeanor is two years. If the offense is a third degree felony, the limitation period is three years.

OFFICIAL OPPRESSION IN TEXAS

Public servants are prohibited from taking advantage of their official positions by subjecting another to mistreatment, violating a right or privilege, or by sexually harassing another while acting in their official capacity.

TEXAS OFFICIAL OPPRESSION COURT CASES

The case law regarding official oppression in Texas gives examples of conduct constituting an offense.

• In Sanchez v. State, the defendant, a Board Chairman at Via Metropolitan Transit in San Antonio, was convicted of official oppression after sexually harassing his employee. He told the victim that if she did not have a sexual affair with him that he would fire her. He also frequently touched her face, told her to wear lipstick and low-cut dresses, and made other sexual comments.The Texas Court of Criminal Appeals upheld his conviction, finding the defendant knew his sexual advances were one-sided, and that he used his official position to attempt to coerce the victim into having an affair.

• In Ratliff v. State, the Llano chief of police (defendant) and three other officers were attempting to arrest an officer’s neighbor, Cory Nutt. Officer Harden called dispatch to arrest Nutt for public intoxication after Nutt yelled at Harden to “slow the fuck down.” Nutt refused to come out of his trailer, so the defendant walked inside and arrested him for public intoxication. The charge was dropped based on the illegal arrest, and the defendant was convicted of official oppression.The appellate court affirmed. Nutt was standing inside his trailer, shoeless, and was not a threat. He had been sleeping prior to officers’ arriving, and there were no other exigent circumstances justifying his arrest under Texas Code of Criminal Procedure articles 14.03 and 14.05. The defendant knew he could not legally enter Nutt’s home to arrest him for a Class C misdemeanor.