Texas Penal Code 42.05 – Disrupting Meeting or Procession

WHAT IS DISRUPTING MEETING OR PROCESSION IN TEXAS?

The Texas law against disrupting a meeting or procession prohibits obstructing or interfering with a meeting, procession, or gathering by physical actions or verbal utterances in violation of normal customs and rules of governance of a meeting.

WHAT IS THE DISRUPTING MEETING OR PROCESSION LAW IN TEXAS?

Tex. Penal Code § 42.05. DISRUPTING MEETING OR PROCESSION.

(a) A person commits an offense if, with intent to prevent or disrupt a lawful meeting, procession, or gathering, he obstructs or interferes with the meeting, procession, or gathering by physical action or verbal utterance.

(b) An offense under this section is a Class B misdemeanor.

WHAT IS THE PENALTY CLASS FOR DISRUPTING MEETING OR PROCESSION IN TEXAS?

Disrupting a meeting or procession is a Class B misdemeanor, punishable by up to 180 days in county jail.

WHAT IS THE PUNISHMENT RANGE FOR DISRUPTING MEETING OR PROCESSION IN TEXAS?

Disrupting a meeting or procession, a Class B misdemeanor, carries up to 180 days in jail, and a maximum fine of $2,000.

WHAT ARE THE PENALTIES FOR DISRUPTING MEETING OR PROCESSION IN TEXAS?

A person charged with disrupting a meeting or procession may be eligible for probation after a conviction, or deferred adjudication without a conviction, for a maximum period of two years.

WHAT ARE THE DEFENSES TO DISRUPTING MEETING OR PROCESSION IN TEXAS?

The First Amendment protection of free speech prohibits the government from punishing non-violent, unthreatening speech and expression. Thus, if a person’s speech or expression is protected by the First Amendment, he or she may not be charged with disrupting a meeting or procession.

• Is the Texas law against disrupting a meeting or procession constitutional? Yes. The Texas Court of Criminal Appeals upheld the law in State v. Markovich as constitutional. In a different circumstance, however, the law might be unconstitutionally applied as regulating speech. A person charged with disrupting a meeting or procession may argue the law violates the First Amendment as applied if the person was merely engaging in non-violent, non-threatening speech or expression.

WHAT IS THE STATUTE OF LIMITATIONS FOR DISRUPTING MEETING OR PROCESSION IN TEXAS?

The limitation period for disrupting a meeting or procession, a Class B misdemeanor, is two years.

DISRUPTING MEETING OR PROCESSION IN TEXAS

It is against the law in Texas to prevent or disrupt a lawful meeting, procession, or gathering by actions or words not protected by the First Amendment. Typically, this type of prohibited conduct will be prosecuted under other laws, such as disorderly conduct, or obstruction of a highway or passageway.

TEXAS DISRUPTING MEETING OR PROCESSION COURT CASES

The case law regarding disrupting a meeting or procession in Texas shows appellate courts upholding the constitutionality of the statute.

• In State v. Markovich, the defendant was charged with disrupting a meeting after continuously yelling “bullshit” and other protests over George Bush’s speech at the Texas Capitol. The defendant filed a pre-trial motion to quash, arguing the statute was unconstitutionally vague. The appellate court held, because a person of ordinary intelligence knows the type of conduct that is likely to impair the ordinary conduct of a meeting, the law was not unconstitutional.