PENAL CODE

TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY

CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES

Sec. 42.01.  DISORDERLY CONDUCT.  (a)  A person commits an offense if he intentionally or knowingly:

(1)  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;

(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;

(3)  creates, by chemical means, a noxious and unreasonable odor in a public place;

(4)  abuses or threatens a person in a public place in an obviously offensive manner;

(5)  makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;

(6)  fights with another in a public place;

(7)  discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;

(8)  displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

(9)  discharges a firearm on or across a public road;

(10)  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; or

(11)  for a lewd or unlawful purpose:

(A)  enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;

(B)  while 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 in the room; or

(C)  while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.

(b)  It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct.

(c)  For purposes of this section:

(1)  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; and

(2)  a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.

(d)  An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.

(e)  It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code.