Coercion of Public Servant or Voter Law


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Every day people find themselves in trouble with the law.  The average person has probably not even read the law that he or she is alleged to have broken.  Although it is highly unlikely that the average person would try to coerce a voter not to vote or to vote in a particular manner, it could happen.  For your benefit, the law is published below.   If it did happen, depending on the type of coercion used, the charge could be a misdemeanor or a felony.  Either way, it would look really bad on a person’s record.  The best advice is to learn the law and just not break it.  If a person cannot do that, then he or she should expect at some point in their life’s journey to need the representation of a criminal defense lawyer.

James (Jim) Sullivan is an experienced Houston Criminal Defense Attorney. For over 20 years, Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts.

James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

If you need a Texas criminal defense attorney, call James Sullivan at 281-546-6428 for a confidential consultation.

Texas Penal Code, Sec. 36.03.  COERCION OF PUBLIC SERVANT OR VOTER. 

(a)  A person commits an offense if by means of coercion he:

(1)  influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant’s known legal duty;  or

(2)  influences or attempts to influence a voter not to vote or to vote in a particular manner.

(b)  An offense under this section is a Class A misdemeanor unless the coercion is a threat to commit a felony, in which event it is a felony of the third degree.

(c)  It is an exception to the application of Subsection (a)(1) of this section that the person who influences or attempts to influence the public servant is a member of the governing body of a governmental entity, and that the action that influences or attempts to influence the public servant is an official action taken by the member of the governing body.  For the purposes of this subsection, the term “official action” includes deliberations by the governing body of a governmental entity.

 

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