Tx Law-Disorderly Conduct by Cursing

[sje_k]

What is the name of your state? Texas

According to my interpretation of Disorderly Conduct in the Texas Penal Code, you are not disturbing the peace unless your actions:
§ 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;

Okay, so my daughter and her boyfriend were fighting in the cafeteria at school at lunch, she said the F-word to him, and a parent overheard her, told on her, and the police officer issued her a ticket for Disorderly Conduct, Profane or Vulgar Language. He did not hear the language and it was only directed at her boyfriend, yet he wrote her this ticket based upon the fact that it offended this parent who was present, eating lunch with her child (keep in mind this is high school).

My question is, I should fight this, right? Her actions do not meet the defintion of the penal code's Disorderly Conduct statute, right?

 

[Silverplum]

What is the name of your state? Texas

According to my interpretation of Disorderly Conduct in the Texas Penal Code, you are not disturbing the peace unless your actions:
§ 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;

Okay, so my daughter and her boyfriend were fighting in the cafeteria at school at lunch, she said the F-word to him, and a parent overheard her, told on her, and the police officer issued her a ticket for Disorderly Conduct, Profane or Vulgar Language. He did not hear the language and it was only directed at her boyfriend, yet he wrote her this ticket based upon the fact that it offended this parent who was present, eating lunch with her child (keep in mind this is high school).

My question is, I should fight this, right? Her actions do not meet the defintion of the penal code's Disorderly Conduct statute, right?

I'm sure she DID deserve the ticket, based upon your description of the incident and the law you cited.

 

[sje_k]

And what is your basis for that statement? Whether she "deserved" it or not is not my question. Does her action fit the definition in the law?

 

[Silverplum]

And what is your basis for that statement? Whether she "deserved" it or not is not my question. Does her action fit the definition in the law?

I used the word "deserved;" you wonder if her action fit the definition of the law.

It's the same thing. I meant, I believe, based upon your description and the law you cited (I didn't look up further TX law), that your daughter did, indeed, violate the law and therefore deserves the ticket.