Monday, November 30, 2009

Section 38.112 - Violation of Protective Order Issued on Basis of Sexual Assault

Sec. 38.112. VIOLATION OF PROTECTIVE ORDER ISSUED ON BASIS OF SEXUAL ASSAULT. (a) A person commits an offense if, in violation of an order issued under Chapter 7A, Code of Criminal Procedure, the person knowingly:
     (1) communicates directly or indirectly with the applicant or any member of the applicant's family or household in a threatening or harassing manner;
     (2) goes to or near the residence, place of employment or business, or child-care facility or school of the applicant or any member of the applicant's family or household; or
     (3) possesses a firearm.
(b) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.
(c) An offense under this section is a Class A misdemeanor.

Added by Acts 2003, 78th Leg., ch. 836, Sec. 3, eff. Sept. 1, 2003.