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by Will938
Tue Oct 16, 2007 4:02 pm
Forum: LEO Contacts & Bloopers
Topic: Is swearing at an toilet disorderly conduct???
Replies: 31
Views: 4038

seamusTX wrote:
PC §42.01. DISORDERLY CONDUCT.
(a) A person commits an offense if he intentionally or knowingly:
(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;
IMHO, a person cannot be prosecuted for swearing on private property in Texas. They could be possibly be prosecuted under a noise ordinance.

The obscenity statute applies to visual representations, not speech.

- Jim
That and the supreme court has ruled that the utterance of obscenities by themselves are not unlawful speech. They must be directed at someone.

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