Official Oppression

Chapter 39 of the Texas Penal Code defines offenses relating to the abuse of office.

“Official Oppression”, as per § 39.03 of the Texas Penal Code, occurs when a public servant acting under color of his office or employment:

intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;
intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or
intentionally subjects another to sexual harassment.

An offense under this section is a Class A misdemeanor, except that an offense is a felony of the third degree if the public servant acted with the intent to impair the accuracy of data reported to the Texas Education Agency through the Public Education Information Management System (PEIMS) described by Section 42.006, Education Code, under a law requiring that reporting.

Punishment Range

Misdemeanor A

Confinement in jail for a term not to exceed one year
Fine not to exceed $4,000
Both such fine and confinement

Third Degree Felony

Imprisonment in the institutional division for not more than 10 years or less than two years
In addition to imprisonment, may receive a fine not to exceed $10,000

Request a Free Case Evaluation

Let Us Put Our Experience to Work for You
*Note: We only accept Denton County and Collin County cases.

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Please enter your charge.
Please select an option.
Please enter your date of arrest.
Please enter an answer.
Are you a new client?
Please make a selection.
Message
Please enter a message.