Obstructing Highway or Other Passageway

Chapter 42 of the Texas Penal Code defines disorderly conduct and other related charges.

“Obstructing Highway or Other Passageway”, as per § 42.03 of the Texas Penal Code, occurs when a person, without legal privilege or authority, he intentionally, knowingly, or recklessly:

  • obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles, or conveyances, regardless of the means of creating the obstruction and whether the obstruction arises from his acts alone or from his acts and the acts of others; or
  • disobeys a reasonable request or order to move issued by a person the actor knows to be or is informed is a peace officer, a fireman, or a person with authority to control the use of the premises:
  • to prevent obstruction of a highway or any of those areas mentioned in Subdivision (1); or
  • to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard.

An offense under this section is a Class B misdemeanor.

Punishment Range

Misdemeanor B

  • Confinement in jail for a term not to exceed 180 days
  • Fine not to exceed $2,000
  • Both such fine and confinement

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