Texas obstruction or retaliation — Penal Code § 36.06
Classification: Third-degree felony (second-degree if public servant)
Punishment range: Third-degree felony (2–10 years + $10,000) baseline; second-degree felony (2–20 + $10,000) if the victim is a public servant under § 36.06(c)
The controlling statute
Texas Penal Code § 36.06 — Obstruction or Retaliation — punishes intentionally or knowingly harming or threatening to harm another in retaliation for or on account of the person's status as a public servant, witness, prospective witness, informant, person who has reported a crime, or a member of the family of any of these. The statute creates substantially elevated penalties when threats target the criminal-justice system, with second-degree felony exposure when the victim is a public servant carrying out official duties.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 36.06 |
| Cluster | Obstruction of Justice |
| Classification | Third-degree felony (second-degree if public servant) |
| Range | Third-degree felony (2–10 years + $10,000) baseline; second-degree felony (2–20 + $10,000) if the victim is a public servant under § 36.06(c) |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 36.06 charge, the State must prove every element beyond a reasonable doubt:
- Defendant intentionally or knowingly harmed or threatened to harm another
- By an unlawful act
- In retaliation for or on account of the person's service or status as a public servant, witness, informant, reporter, or family member
- (For enhancement) The victim was a public servant
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every Obstruction or Retaliation case:
- No threat communicated — internal monologue or third-party venting without communication to victim
- First Amendment protection for political criticism or rhetorical hyperbole that no reasonable person would take as a true threat
- Lack of knowledge that target was a public servant, witness, or informant under § 8.02
- No nexus between alleged harm and victim's status — retaliation must be 'on account of' the status
- Suppression of communications obtained without warrant under stored-communications act
- Defense of property or self-defense doctrines may apply where retaliation is alleged
Enhancements & collateral consequences
Elevation to second-degree felony when the victim is a public servant under § 36.06(c) — substantially raising exposure for retaliation against police, prosecutors, judges, and parole officers. Parallel federal exposure under 18 U.S.C. § 1513 (Retaliating Against Witness, Victim, or Informant) is common when federal investigations are involved. Stacked charges under § 22.07 (Terroristic Threat) frequently appear.
Key Legal Terms
- Public Servant (§ 1.07(a)(41))
- Government officers, employees, agents — including police, prosecutors, judges, parole officers; elevation to second-degree felony under § 36.06(c).
- Unlawful Act
- An act that would itself be a criminal offense; threats of lawful conduct (calling supervisor, civil lawsuit) do not satisfy § 36.06.
- True Threat
- Statement a reasonable person would interpret as serious expression of intent to commit unlawful violence; constitutional standard distinguishing protected speech from § 36.06 threats.
Frequently Asked Questions
Is yelling at a police officer obstruction or retaliation?
What is a 'true threat' under the First Amendment?
Does § 36.06 cover online threats?
What if I threatened a witness before they testified?
Can I be charged for retaliating against a family member of an officer?
References & Authoritative Sources
About the Authors
Reggie London
Co-Founding Partner · Texas Bar No. 24043514
Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.
Njeri London
Co-Founding Partner · Texas Bar No. 24043266
Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.
Charged with Obstruction or Retaliation? Talk to L and L Law Group.
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