Is retaliation a felony in Texas?
Yes. Under Penal Code §36.06, intentionally or knowingly harming or threatening to harm another by an unlawful act, because of or to prevent their service as a public servant, witness, prospective witness or informant, or because they reported or intend to report a crime, is a third degree felony, 2 to 10 years. It becomes a second degree felony where the person was targeted for serving as a juror. The point people miss: nothing has to happen. A threat alone completes the offense.
- A threat is enough. No injury, no act carried out, no contact required.
- It reaches far beyond witnesses who testified. A "prospective witness", an informant, and a person who intends to report a crime are all covered.
- Two directions: retaliation for past service or status, and obstruction, meaning preventing or delaying future service.
- "Public servant" is extended by this section to include honorably retired peace officers and certain civil commitment facility contractors.
- There is a doxxing provision: posting a public servant's home address or phone number online with intent to cause harm is its own offense under §36.06(a-1).
- Second degree where the target was a juror, or where the doxxing provision results in bodily injury to a public servant or their family.
- It is routinely added after an arrest, when something is said in the back of a patrol car or at the jail.
Most people charged with retaliation were already being arrested for something else. Words said in anger to an officer, to a complainant who called police, or to a family member who said they would testify, turn into a separate third degree felony that can outlast the case that produced it. The charge is also used where someone contacts a complainant after a family violence arrest. Peter M. Barrett has defended violent crime accusations in Dallas County since 1994, across more than 150 jury trials, and the case review is free and confidential. This guide sets out what §36.06 requires.
What the State has to prove
§36.06(a) requires that a person intentionally or knowingly harms or threatens to harm another by an unlawful act, and then one of two purposes:
- Retaliation. In retaliation for or on account of the service or status of another as a public servant, witness, prospective witness or informant, or as a person who has reported or who the actor knows intends to report a crime.
- Obstruction. To prevent or delay the service of another in any of those same capacities.
Two features matter. The harm or threatened harm must be by an unlawful act, so a lawful act, however unwelcome, does not satisfy it. And the status categories are written broadly enough to cover people who have done nothing yet: a prospective witness has not testified, and a person who intends to report has not reported.
Who is protected
- Public servants. §36.06(b)(3) adopts the §1.07 definition and then extends it to include an honorably retired peace officer, defined in the section, and a person who contracts with the state to perform a service in a civil commitment facility, or their employee.
- Witnesses and prospective witnesses. Including people who have been named but never called.
- Informants, defined in §36.06(b)(2) as a person who has communicated information to the government in connection with any governmental function. That is wider than a confidential informant in a drug case.
- People who reported or intend to report a crime, which is how this charge attaches to family violence and neighbour disputes.
Grading
| Circumstance | Level | Range |
|---|---|---|
| Retaliation or obstruction under §36.06(a) | 3rd degree felony | 2 to 10 years |
| The person was targeted for service or status as a juror | 2nd degree felony | 2 to 20 years |
| Doxxing under §36.06(a-1) resulting in bodily injury to a public servant or a family or household member | 2nd degree felony | 2 to 20 years |
| Doxxing under §36.06(a-1) without that result | 3rd degree felony | 2 to 10 years |
The doxxing provision
§36.06(a-1) is a separate offense worth stating in full terms. A person commits it by posting on a publicly accessible website, or disclosing through an electronic communication, the residence address or telephone number of an individual the actor knows is a public servant, or a member of a public servant's family or household, with intent to cause harm or a threat of harm to that individual or their family or household, in retaliation for or on account of their service or status.
No threat has to be made in words. Publishing the address with the required intent is the offense, and it becomes a second degree felony if bodily injury results.
How it differs from the charges it travels with
| Offense | What it needs | Grade |
|---|---|---|
| Retaliation, §36.06 | Harm or a threat of harm by an unlawful act, tied to the person's status or service | 3rd degree |
| Terroristic threat, §22.07 | A threat of violence with one of six listed intents. No status element | Class B up to 3rd degree |
| Assault on a public servant, §22.01(b)(1) | Actual bodily injury, to a public servant lawfully discharging a duty | 3rd degree |
The practical difference is that retaliation needs no injury and no contact, only words plus the status link. That is why it is frequently the most serious count arising from an arrest in which nobody was hurt.
Where these cases are defended
- Was it a threat to do something unlawful. The statute requires harm or threatened harm by an unlawful act. Saying you will sue, complain, report an officer, go to the press or have someone fired is not that, however hostile the delivery.
- The status link. The State must tie the threat to the person's service or status, or to preventing it. Anger at an arrest, at a situation or at a person generally is not the same as retaliation for their status, and arrest-scene outbursts are frequently undirected.
- Intentionally or knowingly. Intoxication, mental health crisis, pain and panic all bear on whether a statement was made with the required mental state.
- What was actually said. These charges often rest on an officer's summary written later. Body and dash camera audio decides them, and it should be preserved immediately, in writing, before retention periods run.
- Conditional and emotional language. Context, tone and whether anyone present reacted as though a threat had been made all matter to whether words were a threat at all.
- Family violence context. Where the charge arises from contact with a complainant, bond conditions and protective orders create separate exposure, which the family violence guide covers.
Common questions
What is the punishment for retaliation in Texas?
Under Penal Code §36.06 it is a third degree felony punishable by 2 to 10 years and a fine of up to $10,000. It rises to a second degree felony, 2 to 20 years, where the person was harmed or threatened because of their service or status as a juror, or where the doxxing provision in §36.06(a-1) results in bodily injury to a public servant or a member of their family or household.
Can you be charged with retaliation for just saying something?
Yes. The offense is complete on a threat to harm by an unlawful act; no harm has to occur and no contact is needed. What the State must still prove is that the threat was unlawful in nature, was made intentionally or knowingly, and was tied to the person's service or status as a public servant, witness, prospective witness, informant or someone who reported or intends to report a crime.
Does the person have to have testified already?
No. The statute covers a "prospective witness" and a person who the actor knows intends to report a crime. Someone who has not testified, not been subpoenaed, or not yet made a report is still protected, which is how the charge reaches threats made early in a case or during a domestic incident.
Is threatening to report an officer or file a complaint retaliation?
Not on its own. §36.06 requires harm or a threat of harm by an unlawful act. Saying you will file a complaint, sue, contact a supervisor or go to the media is lawful conduct, so it does not satisfy that element however it is said. Whether what was said crossed into a threat of unlawful harm is usually the heart of the case.
Does retaliation cover retired officers?
Yes, in part. §36.06(b)(3) extends "public servant" for this section to include an honorably retired peace officer, defined as one who did not retire in lieu of disciplinary action, was eligible to retire or was ineligible only because of an injury in service, and is entitled to a pension or is not entitled only because the agency offers none.
Is posting someone's address online a crime in Texas?
It can be. §36.06(a-1) makes it an offense to post on a publicly accessible website or disclose electronically the residence address or telephone number of someone the actor knows is a public servant, or a member of their family or household, with intent to cause harm or a threat of harm, in retaliation for their service or status. It is a third degree felony, or second degree if bodily injury results.
I said something to an officer while being arrested. What should I do?
Say nothing further about it, including to explain or apologize, because an explanation supplies the intent and the status link the State needs. Do not contact the complainant if one is involved. Ask your lawyer to send a preservation request for all body and dash camera audio immediately, since what was actually said, and how, decides these cases and the footage does not stay available long. The consultation is free and confidential: (214) 526-0555, answered 24/7 for emergencies.
The law this article describes, at the source.
This page is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed Texas criminal defense attorney about your specific facts. Request a free, confidential case review.