Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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Official Oppression

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.

Severity of Crime

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