MicroPenal

Disorderly Conduct — Tex. Penal Code §42.01

Class C → Class B§42.01Free preview

Disorderly Conduct (Tex. Penal Code §42.01): Class C misdemeanor base. Class C misdemeanor — fine up to $500 (§12.23). Class B misdemeanor only for (a)(7) discharging a firearm in a public place or (a)(8) displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm — up to 180 days county jail + up to $2,000 fine (§12.22) (§42.01(d)).

Statute
Tex. Penal Code §42.01
Classification
Class C misdemeanor base
Grade range
Class C misdemeanor to Class B misdemeanor
Last checked

Elements of the Offense

MicroPenal's summary of what the State must prove. Prove each numbered element; where alternatives are listed, any one of them is enough. Wording may be condensed. The official statute text controls.

  1. Intentionally or knowingly
  2. Any one of these
    • Uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace (§42.01(a)(1))
    • Makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace (§42.01(a)(2))
    • Creates, by chemical means, a noxious and unreasonable odor in a public place (§42.01(a)(3))
    • Abuses or threatens a person in a public place in an obviously offensive manner (§42.01(a)(4))
    • Makes unreasonable noise in a public place other than a sport shooting range, or in or near a private residence that he has no right to occupy (§42.01(a)(5))
    • Fights with another in a public place (§42.01(a)(6))
    • Discharges a firearm in a public place other than a public road or a sport shooting range (§42.01(a)(7))
    • Displays a firearm or other deadly weapon in a public place in a manner calculated to alarm (§42.01(a)(8))
    • Discharges a firearm on or across a public road (§42.01(a)(9))
    • Exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act (§42.01(a)(10))
    • For a lewd or unlawful purpose: enters on the property of another and looks into a dwelling through any window or other opening; on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening; or on the premises of a public place, looks into an area such as a restroom, shower stall, or changing or dressing room designed to provide privacy (§42.01(a)(11))

Statutory Language

The verbatim text of Tex. Penal Code §42.01 is published on the official Texas statutes website. MicroPenal does not reproduce it here; the statute controls over this summary.Read the statute

Punishment

Class C misdemeanor — fine up to $500 (§12.23). Class B misdemeanor only for (a)(7) discharging a firearm in a public place or (a)(8) displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm — up to 180 days county jail + up to $2,000 fine (§12.22) (§42.01(d)).

Exceptions, defenses and limits

  • "Public place" includes a public school campus or the school grounds on which a public school is located. §42.01(a-1)
  • Defense to prosecution under (a)(4): the actor had significant provocation for his abusive or threatening conduct. §42.01(b)
  • An act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence. §42.01(c)(1)
  • Noise is presumed unreasonable if it exceeds 85 decibels after the person making it receives notice from a magistrate or peace officer that the noise is a public nuisance. §42.01(c)(2)
  • Defense to prosecution under (a)(7) or (a)(9): the person who discharged the firearm had a reasonable fear of bodily injury to the person or another by a dangerous wild animal (Health & Safety Code §822.101). §42.01(e)
  • Exception: (a)(9) does not apply to a Parks and Wildlife Department employee acting within the scope of the employee's authority under Parks & Wildlife Code §12.013(c). §42.01(e-1)
  • Exception: (a)(1), (2), (3), (5), and (6) do not apply to a student younger than 12 when the conduct occurred at a public school campus during regular school hours. §42.01(f)
  • Noise from lawfully conducted space flight activities (Civ. Prac. & Rem. Code §100A.001) is not "unreasonable noise". §42.01(g)

Source and verification

  • Official text: Tex. Penal Code §42.01 on the Texas statutes website (statutes.capitol.texas.gov).
  • Last checked against the official statute text on .
  • Published by MicroPenal from reference data release 2026-11-02. The elements and punishment above are MicroPenal's summary, not the statute itself.
  • Found a problem? Email [email protected].

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