Texas Law on Tampering With Consumer Products
People don’t usually expect a felony charge to come from something that happened in a grocery store, but in Texas, it can. Tampering with a consumer product, even if no one is harmed, is a criminal offense. Whether it started as a bad joke, a misunderstanding, or something taken out of context, the law doesn’t leave much room for error.
This article unpacks how Texas handles these cases, what kind of actions can trigger charges, and why the penalties are so steep. If you’re under investigation or already facing charges, you need to know what you’re up against and what your options really are.
What Is “Tampering With a Consumer Product” in Texas?
Under Texas Penal Code § 22.09, tampering with a consumer product means altering or contaminating a product in a way that could cause someone serious injury or fear of injury. It also includes threatening to tamper with a product — even if the threat is never carried out.
A consumer product here refers to anything sold for personal, family, or household use — think food, drinks, over-the-counter meds, hygiene products, and more. So yes, this law could apply to something as simple as messing with a bottle of soda at a grocery store.
Two Key Offenses Under This Law:
- Tampering with intent to cause harm – Actually altering a product to injure or harm someone.
- Tampering with intent to cause fear – Changing or threatening to change a product to make others believe it’s unsafe.
Even if no one gets hurt, tampering with a consumer product is still a crime if it has the potential to cause harm or panic.
Penalties for Tampering With Consumer Products
Tampering with consumer products is considered a felony offense, and the punishment depends on the outcome and the intent behind the act.
Penalty Tiers:
Second-Degree Felony: If someone tampers with a product with intent to harm or injure (even if no one gets hurt).
- 2 to 20 years in prison + up to $10,000 fine.
First-Degree Felony: If the tampering causes serious bodily injury to someone.
- 5 to 99 years or life in prison + up to a $10,000 fine.
Third-Degree Felony: Threatening to tamper (without actually doing it), intending to cause fear or panic.
- 2 to 10 years in prison + up to $10,000 fine.
Related Charges That May Apply
Depending on the situation, a tampering case could also involve other criminal charges, such as:
- Aggravated assault
- Criminal mischief
- Terroristic threat (especially if public panic is involved)
- Deadly conduct
And because this type of crime often overlaps with federal laws (especially if the product was sold across state lines), federal charges may also come into play under 21 U.S. Code § 1365.
Legal Defenses to Tampering Charges
If you’re accused of tampering with a consumer product, don’t assume the case is open-and-shut. There are several legitimate defenses an experienced Texas criminal defense lawyer might explore:
No Intent to Harm or Scare
Intent matters. If the action wasn’t meant to cause injury or fear, the charges may not hold.
Lack of Evidence
If there’s no solid proof that you tampered with the product or that the product was altered in a dangerous way, prosecutors may struggle to make the case.
Mistaken Identity
In stores, multiple people may touch the same item. If the accusation relies on unclear surveillance footage or circumstantial evidence, the defense can push back hard.
Unlawful Search or Seizure
If law enforcement found evidence during an illegal search, that evidence could be thrown out — weakening the entire case.
Every defense hinges on the details. A skilled attorney will analyze every angle to build the strongest possible case.
What to Do If You’re Facing Charges?
Tampering charges move fast, and they often come with media attention, store bans, and community backlash. If you’re being investigated or already charged, here are the first steps you should take:
- Do not talk to the police without an attorney present.
What you say can and will be used against you — even if you’re just trying to explain yourself. - Hire a criminal defense attorney who handles felony cases.
This is not a situation for a general practice lawyer or public defender without relevant experience. - Avoid posting about the case on social media.
Screenshots can become courtroom evidence, and even innocent posts can be twisted out of context.
Arrested? Don’t Plea, Call Me!
Facing a charge for tampering with a consumer product in Texas isn’t just stressful; it’s potentially life-altering. Whether it stemmed from a misunderstanding, a prank, or a situation that spiraled out of control, the consequences are serious. But being charged doesn’t mean you’re out of options.
At Texas Criminal Defense Group, we’ve helped countless clients across Texas navigate high-stakes felony charges like product tampering. Our attorneys know how to challenge weak evidence, expose overreach, and craft a defense built around your side of the story.
Don’t wait until it’s too late. Contact us today for a confidential consultation, and let’s talk about how we can help you take back control of your case.