Class C Penal Code 42.01 | ||
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| 1. Uses abusive or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace; | * We are looking for repeated offensive language by student or parent in a classroom or other public place. We want several inappropriate words to make this charge. It must disrupt an ongoing activity; however, that is easy to prove. Many teachers mistakenly believe Retaliation in Penal Code 36.06 (3rd degree felony) or Terroristic Threat Penal Code 22.07 (Class B or A misdemeanor) will qualify for this offense when it applies to them.
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| 2. Makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace; | * This should include throwing gang signs followed by a verbal comment or showing someone the middle finger and making a comment. I add the verbal comment because signs alone have been creatively explained away. | |
| 3. Chemically creates a noxious and unreasonable odor in a public place; | *Many stink bombs come in a small glass vial form. You need to either see it, get the child to admit the deed, or have 2 reliable witnesses who can identify the stinker. | |
| 4. Abuses or threatens a person in a public place in an obviously offensive manner; | *Sexual harassment, bullying, or extortion. | |
| 5. Makes unreasonable noise in a public place in or near a private residence that he has no right to occupy; (A noise is presumed unreasonable if over 85 decibels.) | * Some teenagers' stereo systems are 100 decibels at full blast. | |
| 6. Fights with another in a public place; | ||
| 7. 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 the act. | * Use this one for streakers and flashers. Unfortunately, some children choose to have sex in public for a thrill. Indecent Exposure Penal Code 21.08 is a Class B misdemeanor and will work for attempted sex acts. | |
