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Offenses of Flag Destruction, Discharging Firearms, Laser Points

DSTRUCTION OF FLAG 

A person commits an offense if the person intentionally or knowingly damages, defaces, mutilates, or burns the flag of the United States or the State of Texas. 

In this section, “flag” means an emblem, banner, or other standard or a copy of an emblem, standard, or banner that is an official or commonly recognized depiction of the flag of the United States or of this state and is capable of being flown from a staff of any character or size.  The term does not include a representation of a flag on a written or printed document, a periodical, stationery, a painting or photograph, or an article of clothing or jewelry. 

It is an exception to the application of this section that the act that would otherwise constitute an offense is done in conformity with statutes of the United States or of this state relating to the proper disposal of damaged flags. 

An offense under this section is a Class A misdemeanor. 

DISCHARGE OF FIREARM IN CERTAIN MUNICIPALITIES  

A person commits an offense if the person recklessly discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more. 

An offense under this section is a Class A misdemeanor. 

USE OF LASER POINTERS  

A person commits an offense if the person knowingly directs a light from a laser pointer at a uniformed safety officer, including a peace officer, security guard, firefighter, emergency medical service worker, or other uniformed municipal, state, or federal officer. 

In this section, “laser pointer” means a device that emits a visible light amplified by the stimulated emission of radiation. 

An offense under this section is a Class C misdemeanor, except that the offense is: a felony of the third degree if the conduct causes bodily injury to the officer; or a felony of the first degree if the conduct causes serious bodily injury to the officer. 

If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law, but not both. 

ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT.   

A person commits an offense if: 

–  the person intentionally directs a light from a laser pointer or other light source at an aircraft; and 

–  the light has an intensity sufficient to impair the operator’s ability to control the aircraft. 

It is an affirmative defense to prosecution under this section that the actor was using the light to send an emergency distress signal. 

An offense under this section is a Class C misdemeanor unless the intensity of the light impairs the operator’s ability to control the aircraft, in which event the offense is a Class A misdemeanor. 

If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law. 

As always, the best option is to contact Atlas Bail and go over available info and all the details. With our experience, knowledge, and great customer service, we can have your loved ones back to you as soon as the law will allow us. From the moment you show up in our office we understand your need for guidance and help. The fact that a person is in jail is only the beginning of the process. Selecting AAA Atlas Bail is an important first step. With years of experience in our office, we most definitely will have the right answer for you. 

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