Interference With Public Duties Texas — Penal Code §38.15
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The §38.15 elements
The offense covers interference with:
- Peace officer performing official duties
- Person who is employed to provide medical services
- Firefighter performing official duties
- Animal control authority performing official duties
- Other persons performing similar functions
The conduct must "interrupt, disrupt, impede, or otherwise interfere" with the duties. The statute is broad but has been narrowed by case law to require some material interference, not mere presence or verbal questioning.
Penalty: Class B misdemeanor base. Specific subsections may apply for emergency-services interference at higher levels.
Notable: Penal Code §38.15(d) provides "It is a defense to prosecution under this section that the conduct engaged in by the defendant was intended to warn a person operating a motor vehicle of the presence of a peace officer who was enforcing Subtitle C, Title 7, Transportation Code." Speed-trap warnings and similar conduct have specific protection.
Defense framework
Defenses:
First Amendment. Texas case law has narrowed §38.15 to avoid conflicts with First Amendment-protected speech. Verbal questioning, criticism, recording police, and asking questions are generally protected. Active physical interference with duties is not protected.
No actual interference. The state must prove the conduct actually impeded the duties. Trivial actions, brief interactions, or conduct that didn't materially affect the officer's work may not support charges.
Lawful purpose. Where the conduct had legitimate purposes (helping victim, providing information, communicating with friend or family member at scene), the case may fail.
Statutory exception. Speed-trap warnings to other drivers (§38.15(d) defense) protect specific defensive conduct.
Identity issues. Where the actual interfering person's identity is contested.
Most interference cases plead to deferred adjudication or pretrial diversion. Repeat offenders or aggravated cases (multiple incidents, scene-of-emergency interference) face harder negotiations.
Texas interference with public duties — penalty snapshot (§ 38.15)
| Element | Detail |
|---|---|
| Classification | Class B misdemeanor (§ 38.15(b)) |
| Jail range | Up to 180 days in county jail |
| Maximum fine | Up to $2,000 |
| Whom it protects | Peace officers, emergency medical services, firefighters, and animal-control officers performing official duties |
| Speech defense | Conduct consisting only of speech is a defense to prosecution (§ 38.15(d)) |
| Source: Penal Code § 38.15. | |
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Frequently Asked Questions
Can I record police without interfering?
Yes, generally. Federal courts have recognized First Amendment right to record police in public. Recording itself doesn't constitute interference. Where recording involves physically entering crime scene perimeters or actively impeding officers, charges can apply — but pure recording from a reasonable distance is protected.
Is yelling at a police officer interference?
Generally no, due to First Amendment. Pure verbal protest, criticism, or questioning is protected. Yelling that materially disrupts the officer's ability to function (during traffic stop where officer can't hear) might cross into interference, but pure speech is generally protected.
What if I tried to help someone being arrested?
Risky. Trying to physically intervene in arrest can support §38.15 charges and possibly resisting arrest by another's behalf. Verbal questioning about the arrest is generally protected; physical action is not.
Can I warn drivers about a speed trap?
Yes. Penal Code §38.15(d) provides specific defense for speed-trap warnings to other drivers. Flashing lights to warn oncoming drivers, posting on social media about speed traps, similar conduct is statutorily protected.
Is interference always misdemeanor?
Class B base offense. Some related charges (assault on officer, resisting arrest, escape) carry higher penalty levels. Cases that combine interference with other offenses can produce substantial cumulative exposure.
