Taking or Attempting to Take Weapon from Law Enforcement

Chapter 38 of the Texas Penal Code defines offenses relating to the obstruction of governmental operation.

“Taking or Attempting to Take Weapon from Law Enforcement”, as per § 38.14 of the Texas Penal Code, occurs when a person intentionally or knowingly and with force takes or attempts to take from a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer the officer's, investigator's, employee's, or official's firearm, nightstick, stun gun, or personal protection chemical dispensing device with the intention of harming the officer, investigator, employee, or official or a third person.

The actor is presumed to have known that the peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer was a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer if:

the officer, investigator, employee, or official was wearing a distinctive uniform or badge indicating his employment; or
the officer, investigator, employee, or official identified himself as a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer.

An offense under this section is:

a felony of the third degree, if the defendant took a weapon from an officer, investigator, employee, or official described by that subsection; and
a state jail felony, if the defendant attempted to take a weapon an officer, investigator, employee, or official described by that subsection.

Punishment Range

State Jail Felony

Confinement in a state jail for not more than two years and not less than 180 days
In addition to confinement, may receive a fine not to exceed $10,000

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

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