Texas Penal Code36.06 Obstruction or RetaliationA person commits an offense if he intentionally or knowingly harms or threatens to harm another by an unlawful act in retaliation for or on account of the service or status of another as a public servant ... An offense under this section is a felony of the third degree.If a student harms a teacher, can he be charged with a 3rd degree felony?What is the legal definition of "public servant" in Texas? Are public school teachers considered public servants?
Country relating to Question: United States
State (if USA): Texas
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Under Texas law, a public school teacher is included within the definition of public servant.
There appears to be a problem with the chat function, so I've switched to Q&A. Public servants, as defined by the Penal Code, include employees of independent school districts. Tex. Pen.Code Ann. § 1.07(24). So, if a student threatened a teacher for doing her official duties, that would fall under 36.06.TexLawyer41133.1467865394
How long after an incident can I still file the charge of "retalitation?"
You cannot file charges yourself, only the district attorney can do that. You can, however, make the report. The district attorney has 3 years from when the crime took place to file charges.
Experienced in both state and federal court.
Can the DA file felony charges against another adult who makes a verbal threat towards a teacher, but not against a student who makes the very same threat? All other variables being the same.
The DA could file charges on either. The DA has jurisdiction over adult and juvenile crimes.
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