Protests And Assembly
Penal Code 42.03 — disobeying a reasonable order to move, given to clear a passage or disperse a crowd near a hazard
Obstructing a passage. A person commits an offense by, without legal privilege or authority, intentionally, knowingly or recklessly obstructing a highway, street, sidewalk, entrance, exit or other place the public uses for passage, whatever the means, and whether alone or together with others.
An order to move. It is also an offense to disobey a reasonable request or order to move from a peace officer, a fireman, or a person with authority over the premises, given to prevent such an obstruction or to disperse people gathered in dangerous proximity to a fire, riot or other hazard. The offense is a Class B misdemeanor, and a state jail felony in the cases the section names, such as preventing the passage of an emergency vehicle.
Riot. A riot is an assemblage of seven or more persons resulting in conduct that creates an immediate danger of property damage or injury, substantially obstructs law enforcement or government services, or by force or threat deprives someone of a legal right. It is a defense that the assembly was lawful at first and the person withdrew when someone showed an intent to engage in that conduct.
The right to assemble and to speak comes from the state and federal constitutions, and permits for marches and the use of public places are set by local rules; neither is on this page. Whether a particular order was lawful, or a particular gathering unlawful, is a question of fact and law for a licensed Texas attorney.
Sources for this section (2)
- Penal Code 42.03 — Obstructing highway or other passageway
- Penal Code 42.02 — Riot
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.