Disorderly Conduct — Tex. Penal Code §42.01
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.
- Intentionally or knowingly
- 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
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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