Texas Penal Code 38.152 – Interference with Radio Frequency Licensed to Government Entity

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/ Texas Penal Code 38.152 – Interference with Radio Frequency Licensed to Government Entity

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Texas Penal Code 38.152 – Interference with Radio Frequency Licensed to Government Entity

WHAT IS INTERFERENCE WITH RADIO FREQUENCY LICENSED TO GOVERNMENT ENTITY IN TEXAS?

The Texas law against interference with radio frequency licensed to a government entity prohibits interrupting, disrupting, impeding, jamming, or otherwise interfering with emergency-use radio equipment or frequencies.

WHAT IS THE INTERFERENCE WITH RADIO FREQUENCY LICENSED TO GOVERNMENT ENTITY LAW IN TEXAS?

Tex. Penal Code § 38.152. INTERFERENCE WITH RADIO FREQUENCY LICENSED TO GOVERNMENT ENTITY.

(a) A person commits an offense if, without the effective consent of the law enforcement agency, fire department, or emergency medical services provider, the person intentionally interrupts, disrupts, impedes, jams, or otherwise interferes with a radio frequency that is licensed by the Federal Communications Commission to a government entity and is used by the law enforcement agency, fire department, or emergency medical services provider.

(b) An offense under this section is a Class A misdemeanor, except that the offense is a state jail felony if the actor committed the offense with the intent to:

(1) facilitate the commission of another offense; or

(2) interfere with the ability of a law enforcement agency, a fire department, or an emergency medical services provider to respond to an emergency.

(d) 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.

WHAT IS THE PENALTY CLASS FOR INTERFERENCE WITH RADIO FREQUENCY LICENSED TO GOVERNMENT ENTITY IN TEXAS?

Interference with a radio frequency licensed to a government entity is a Class A misdemeanor, punishable by up to one year in jail. If a person interferes with a government-licensed radio frequency to commit another crime, or to interfere with the ability of first responders and law enforcement to respond to an emergency, it is a state jail felony, punishable by 180 days to two years in a state jail facility.

WHAT IS THE PUNISHMENT RANGE FOR INTERFERENCE WITH RADIO FREQUENCY LICENSED TO GOVERNMENT ENTITY IN TEXAS?

The punishment range for interference with a radio frequency licensed to a government entity charged as a Class A misdemeanor is up to one year in jail, and a maximum $4,000 fine. If charged as a state jail felony, the punishment range is between 180 days and two years in a state jail facility, and a maximum $10,000 fine.

WHAT ARE THE PENALTIES FOR INTERFERENCE WITH RADIO FREQUENCY LICENSED TO GOVERNMENT ENTITY IN TEXAS?

A person charged with interference with a radio frequency licensed to a government entity may be placed on probation after a conviction, or deferred adjudication without a conviction. The maximum supervision period for a Class A misdemeanor is two years. The community supervision term for a state jail felony ranges between two and five years, with the possibility of extending supervision for up to ten years.

WHAT ARE THE DEFENSES TO INTERFERENCE WITH RADIO FREQUENCY LICENSED TO GOVERNMENT ENTITY IN TEXAS?

The statute does not authorize specific defenses to interference with radio frequency licensed to a government entity. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.

WHAT IS THE STATUTE OF LIMITATIONS FOR INTERFERENCE WITH RADIO FREQUENCY LICENSED TO GOVERNMENT ENTITY IN TEXAS?

The limitation period for interference with a radio frequency licensed to a government entity categorized as a Class A misdemeanor is two years. If classified as a state jail felony, the limitation period is three years.

INTERFERENCE WITH RADIO FREQUENCY LICENSED TO GOVERNMENT ENTITY IN TEXAS

The Texas legislature enacted this law in response to theft of emergency-use radio equipment that directly interfered with emergency response and law enforcement efforts. Radio equipment stolen during an emergency was used to disrupt or jam radio frequencies used by emergency responders, which posed a significant problem without an appropriate criminal penalty. This law addresses conduct beyond theft, and punishes the resulting interference with an emergency.

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CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest.

CHARGES DISMISSED

DWI 2ND

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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