Texas Penal Code 50.02 – Unlawful Use of Fireworks

Name: Trey Porter Law
Brand: Trey Porter Law
Rating: 5 (150 reviews)

FAQ HUB

/ Felony Charges

/ Texas Penal Code 50.02 – Unlawful Use of Fireworks

3 MIN READ

Texas Penal Code 50.02 – Unlawful Use of Fireworks

WHAT IS UNLAWFUL USE OF FIREWORKS IN TEXAS?

The Texas law against unlawful use of fireworks prohibits igniting or exploding a firework to interfere with law enforcement’s performance of an official duty, or to flee from law enforcement attempting to arrest or detain the person.

What is a firework? Federal law defines “fireworks” as pyrotechnic articles designed for entertainment. In other words, a firework is a device containing gunpowder and other combustible chemicals that causes an explosion when ignited, most commonly used for display and celebration.Title 16 Section 1500.17 of the Code of Federal Regulations bans certain fireworks not considered “consumer fireworks,” and Texas law increases the punishment for a person who uses commercial grade fireworks against law enforcement.

WHAT IS THE UNLAWFUL USE OF FIREWORKS LAW IN TEXAS?

Tex. Penal Code § 50.02. UNLAWFUL USE OF FIREWORKS.

(a) A person commits an offense if the person explodes or ignites fireworks with the intent to:

(1) interfere with the lawful performance of an official duty by a law enforcement officer; or

(2) flee from a person the actor knows is a law enforcement officer attempting to lawfully arrest or detain the actor.

(b) Except as provided by Subsections (c) and (d), an offense under this section is a state jail felony.

(d) Notwithstanding Subsection (c), an offense under this section is a felony of the first degree if the offense causes serious bodily injury to a person the actor knows is a law enforcement officer while the law enforcement officer is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a law enforcement officer.

(e) If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

WHAT IS THE PENALTY CLASS FOR UNLAWFUL USE OF FIREWORKS IN TEXAS?

Unlawful use of consumer fireworks is a state jail felony, punishable by 180 days to two years in a state jail facility. Unlawful use of commercial grade fireworks is a second degree felony, punishable by two to 20 years in prison.

WHAT IS THE PUNISHMENT RANGE FOR UNLAWFUL USE OF FIREWORKS IN TEXAS?

The punishment range for unlawful use of consumer fireworks, a state jail felony, is 180 days to two years in a state jail facility, and a maximum $10,000 fine. Unlawful use of fireworks charged as a second degree felony carries between two and 20 years in prison, and a maximum $10,000 fine.

WHAT ARE THE PENALTIES FOR UNLAWFUL USE OF FIREWORKS IN TEXAS?

A person charged with unlawful use of fireworks may be eligible for probation after a conviction, or deferred adjudication without a conviction, for a period not to exceed ten years.

WHAT ARE THE DEFENSES TO UNLAWFUL USE OF FIREWORKS IN TEXAS?

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

WHAT IS THE STATUTE OF LIMITATIONS FOR UNLAWFUL USE OF FIREWORKS IN TEXAS?

The limitation period for unlawful use of fireworks is three years.

UNLAWFUL USE OF FIREWORKS IN TEXAS

The Texas Legislature enacted the law punishing the unlawful use of fireworks in 2021 in response to people using fireworks against police officers during the nationwide protests in 2020 following the death of George Floyd. Texas law punishes using fireworks against police officers as a felony.

Did like a post? Share it with:

REQUEST A FREE CONSULTATION

If you have been arrested and charged with a crime, it’s time to start building your defense.

Texas Penal Code 42.02 – Riot

Texas Penal Code 25.05 – Criminal Nonsupport

Texas Penal Code 38.122 – Falsely Holding Oneself Out as a Lawyer

Let's Get Legal on YouTube!

Tune In for Legal Tips, Laughs, and Learning

Explore More Legal Adventures: Discover Related Posts

Discover Related Posts

Am I eligible for a 12.44 Reduction?

Section 12.44 of the Texas Penal Code (12.44 reduction) allows defendants charged with...

DWI 3rd+ Offense in Texas

After two DWI convictions, a third DWI offense (habitual DWI) is...

Texas Penal Code 20.04 – Aggravated Kidnapping

WHAT IS AGGRAVATED KIDNAPPING IN TEXAS? Kidnapping becomes aggravated kidnapping when...

Texas Penal Code 15.01 – Criminal Attempt

WHAT IS CRIMINAL ATTEMPT IN TEXAS? The Texas law against criminal...

Texas Penal Code 15.02 – Criminal Conspiracy

WHAT IS CRIMINAL CONSPIRACY IN TEXAS? Texas law prohibits criminal conspiracy,...

Texas Penal Code 15.03 – Criminal Solicitation

WHAT IS CRIMINAL SOLICITATION IN TEXAS? The Texas law against criminal...

Explore Our Legal Categories

constitutional rights

CRIMINAL CHARGES

DRIVER'S LICENSES

DWI CHARGES

EXPUNGEMENT

FELONY CHARGES

MISDEMEANOR CHARGES

PROBATION

Testimonials

What our clients think about us

M. Adams

Exceptional Defense Attorneys and firm.
I had the pleasure of being represented by Trey Porter Law. Attorney Joseph Strickland worked with me directly and was wit me at every court appearance and I couldn't be more satisfied with the outcome. From the outset, they set clear expectations on how they could help me avoid jail time for my DWI charge.

What truly stood out was their unwavering support throughout the entire process. They were always accessible, promptly addressing any questions I had. Ms. Aisley would answer my call and respond to my questions on the spot. This was especially crucial when my school and potential employers raised concerns about my pending charges. Joseph Strickland provided guidance on how to navigate these external challenges, showcasing their commitment to their clients beyond the courtroom.

Their professionalism, transparent communication, and dedication to my case made a significant impact, and I am grateful for the positive resolution they achieved. I highly recommend Trey Porter Law Firm for anyone in need of a skilled and supportive defense attorney and team.

C. Pollock

After a search of attorneys in my area I sought out Trey Porter Law Firm, impressed by the detailed information provided on the website and resounding client endorsements. From the introductory phone call, direct meeting, subsequent calls/emails/texts, and throughout my court appearance and disposition, all dealings have been exceptional. Everyone on the team has been friendly and responsive, while still being highly professional. I also very much appreciate the proactive approach taken throughout my case.

J. Givens

Mr. Porter an amazing attorney, he help me get through my situation swiftly and professionally as well as save me time and money in the process. Working with Mr. Porter was a pleasure, he kept me well informed and updated throughout the whole process which made things so much easier for me to understand. Mr. Porter and his team took the stress out of stressful situation. Mr. Porter and his team was always easy to contact and return my phone calls and emails promptly. I cannot give enough praise to Mr. Porter and his team. I had another attorney in the beginning who wad basically going to railroad me. I would definitely recommend Mr. Trey Porter again and again. If you’re looking for a great attorney who is affordable and knowledgeable and will fight for you, Trey Porter is the attorney to choose. Definitely a five star attorney.

J. Franklin

Trey and his staff are great and make sure to help you with all your questions to get through the process. Trey worked out the best outcome for my issue and got me an opportunity to get my charge expunged. Trey and his team made a negative experience end on a positive note. Truly recommend this law firm for your legal issues.

J. McKibbon

I would like to thank Trey Porter and his team regarding my DUI case. I truly could not have expected a better outcome regarding my case. This outcome only happened because of his expert knowledge and dedication to his profession. Trey really took time to explain every step of the process to me which really helped me make critical decisions on how to proceed. I am lucky to have come across his name and will only refer people to Mr. Porter regarding DUI offenses. Trey, I want to thank you publicly. Your expert handling of my D.U.I. got my case reduced to an outcome I was very pleased with. Nothing against my driving record, no loss of license and I’m positive this wouldn’t have turned out so well without you. Thanks for your hard work, empathy and responsiveness it really meant a lot to me.

R. Valdez

We hired Trey Porter to assist us last year. From the initial consultation up to and including the court hearing, Trey had a straight forward approach to the situation at hand. He explained everything along the way and was available at any time to discuss/answer any questions we had either by phone/text/email. With his experience and professionalism, we obtained the best outcome possible. We would highly recommend Trey Porter with no hesitation whatsoever. Five stars is definitely not enough!

B. Cantu

I highly recommend Trey Porter! He is very professional and attentive to each situation at hand. He does not beat around the bush. Straight forward and explains things very well. Easy to work with. Contacts you before you have to ever contact him. Detailed oriented. Driven to get you the best deal possible in your situation. Him and his staff were absolutely amazing for my situation. Thank you!

B. Patel

Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients. He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!

D. Lopez

Mr. Porter was exceptional! He answered all my questions, was thorough throughout my case. Really pushed to go above and beyond to get us the results we were needing. Excellent professional service and as a professional I can definitely say I recommend him.

C. Jef

100/100
Excellent experience with Mr Porter and TPL law offices. They fought for me and they won! I hired Mr Porter after an embarrassing incident. My license and employment were on the line. The office had excellent communication and personal service — even through text message! Totally recommend Trey Porter 100/100!

T. Royal

5 STAR!
I hired Mr. Porter to represent my son in a DUI case. I was worried a conviction would ruin his future. Mr. Porter and the whole office were friendly, thorough, and poised throughout. They respond to text and calls almost instantly. We are just finishing the expunction process after the case was dismissed!!! I am grateful to Mr. Porter and recommend him to one and all. Excellent from start to finish. Thank you TPL!

A. Renaud

Winning
I won with Attorney Trey Porter! Had a criminal DWI .15 charge, small accident, but no injuries. This was my first criminal charge of my life. Mr. Porter was great to talk to — as was the entire office staff and other attorneys. Everyone was SO NICE! 9 long months passed and my charge was dismissed. No probation. No conviction. This experience was well worth the money. I recommend Trey Porter, Attorney at Law.

Unlock the Perks of Choosing Us!

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.

Request
a free consultation

Contact Trey Porter Today

The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.

Contact Trey Porter Today

Request a free consultation