When a government official oversteps their authority, Texas law provides a specific recourse for citizens. The charge of official oppression is an offense designed to hold public servants accountable for abusing their power. Understanding this law helps safeguard individual rights against government overreach.
Defining Official Oppression in Texas
Texas Penal Code Section 39.03 establishes the legal framework for official oppression.1Texas.Public.Law. Texas Penal Code Section 39.03 – Official Oppression The law defines the offense as a public servant, acting with the authority of their position, intentionally engaging in specific forms of misconduct. The statute is not meant to penalize honest mistakes made in the line of duty, but to address deliberate abuses of power.
There are three primary categories of conduct that constitute this offense. The first involves intentionally subjecting a person to mistreatment or to an unlawful arrest, detention, search, or seizure. The second involves unlawfully denying or interfering with another’s rights, while the final category addresses sexual harassment.
Identifying a Public Servant Under Texas Law
The law against official oppression applies specifically to individuals defined as public servants. This term is broadly defined in Texas Penal Code Section 1.07 and covers a wide range of government roles, including any officer, employee, or agent of the government at the state, county, or municipal level. Examples include:
- Police officers
- Correctional officers
- City inspectors
- Public school officials
- Elected officials
The definition also extends to jurors, arbitrators, and even attorneys performing a governmental function. To commit official oppression, the individual must be acting “under color of his office or employment,” meaning they are using the authority their position provides.
Actions Classified as Official Oppression
Intentional mistreatment of an individual, which can encompass physical abuse, is one form of official oppression. This also includes subjecting a person to an arrest, search, or seizure of property with the knowledge that there is no legal basis for the action. An example would be a law enforcement officer detaining someone without probable cause.
Another prohibited action is the unlawful dispossession of property, such as an official placing an illegal lien on property. The statute also makes it an offense to intentionally deny or impede a person’s ability to exercise a right, such as voting or free speech.
Finally, the law includes subjecting another to sexual harassment, defined as unwelcome sexual advances or requests for favors where submission is a condition of exercising one’s rights. For this act, a prosecutor does not need to prove the public servant knew the conduct was illegal.
Legal Consequences of Official Oppression
Official oppression is a Class A misdemeanor in Texas. A conviction is punishable by a fine of up to $4,000, confinement in a county jail for up to one year, or both.
A public servant convicted of official oppression also faces a permanent criminal record, which can have lasting professional repercussions. Such a conviction often leads to termination of employment and can prevent the individual from holding a similar position in the future. Additionally, a criminal conviction does not shield the individual from potential civil lawsuits where victims may seek financial damages.
How to Report Incidents of Official Oppression
Individuals who believe they have been a victim of official oppression can report the misconduct. A complaint can be filed with the internal affairs division of the agency that employs the public servant, such as a local police department. According to Texas Government Code Section 614.022, a complaint against a law enforcement officer must be in writing and signed by the person making the complaint.2Texas.Public.Law. Texas Government Code Section 614.022 – Complaint to Be in Writing and Signed by Complainant
If reporting to the agency is ineffective, a report can be made to a higher authority. This may include the county or district attorney’s office, the Texas Rangers Public Integrity Unit, or the Federal Bureau of Investigation (FBI) if federal civil rights were violated.