Articles Tagged with Criminal Law

You can be convicted of improper photography in Texas, without any photographs.

 Everyone has a camera these days. Even crappy cell phones usually have an 8-megapixel HDR camera on board. Your Instagram feed is full of strange photographs, and some stuff you’d rather not see. But in Texas, some photographs are illegal.

What is improper photography in Texas?

For some of us, when we hear of a person making terroristic threats we think of a person causing trouble for political or religious reasons. But, according to the Texas Penal Code, just the mere threat of violence to a person or a person’s property is enough and the purpose behind the threat is not considered.

You can be charged with a terroristic threat charge if you threaten violence to a person or their property and (1) cause any type of reaction from an officer, volunteer, or any other agency that deals with emergencies; (2) put ANY person in fear of immediate injury to their self (3) prevent the use or interrupt the use of a building, public place, employment, aircraft, automobile, or other public place (4) cause interruption with any public communication, transportation, public water, gas, or power supply or any other public service (5) put the public or a number of people in fear of bodily harm or (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.

Nowhere in the code is it defined that these threats must be made with any sort of political or religious views as the basis of the threat. So basically under section (2) of 22.07 the State could snag anyone with this charge if that person threatens serious, immediate violence to a person who believes that an injury is immediate. Which is similar to Penal Code 22.01 Assault, where a person threatens another with immediate injury to their body.

I was attacked by a dog two days ago. Here’s the short version. I was doing my usual walk to the park and back when a giant lab mix (let’s call him Kujo) took two bites out me. I fell and twisted my knee, and went to the ER for treatment.

I got a tetanus shot and some hardcore antibiotics (dog’s mouths are not clean places). I’m awaiting word on whether Kujo had rabies or not (probably not since it was someone’s pet, not a stray). My friendly ER nurse informed me that the rabies vaccination isn’t done through the stomach anymore, but it still hurts like hell and requires multiple doses and follow up treatment.

Of course whenever a dog bites an attorney the first question is “Are you going to sue?” I’ll let my partner, Scott Gray, make that decision. I’m a criminal lawyer, so let’s explore Texas Dog Bite Law from that angle.

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