Hindering Proceedings by Disorderly Conduct in Texas
Most people don’t expect to leave a courtroom with a criminal offense, but it can happen faster than you think. In Texas, acting out in court—or even just saying the wrong thing at the wrong time—could lead to a charge for hindering proceedings by disorderly conduct, an offense found in the Texas Penal Code.
It’s not a charge many people are familiar with, but it carries serious consequences. If you or someone you know is facing this situation or just trying to understand what it means—you’re in the right place.
What Is “Hindering Proceedings by Disorderly Conduct”?
Under Texas law, this offense falls under Section 38.13 of the Texas Penal Code. It happens when someone, with the intent to disrupt or prevent a lawful proceeding, engages in disorderly behavior in or near the courtroom.
It’s more than just a disruption—it’s an act aimed at interfering with the justice system.
The Three Key Elements of the Crime
- A legal proceeding is in session – such as a trial, deposition, or hearing (public or private).
- The accused engages in conduct considered disorderly – this includes yelling, refusing to comply with a request to desist, or making unreasonable noise that affects the courtroom’s operations.
- The offense is committed intentionally – the person’s actions are deliberate, not accidental.
This isn’t about nervous fidgeting or an emotional reaction. It’s about conduct that’s knowingly meant to cause disruption in a legal setting.
How Does This Differ from Regular Disorderly Conduct?
Texas also addresses general disorderly conduct under Penal Code §42.01, which includes public disturbances like fighting, using offensive language, or making unreasonable noise in public or private places. These actions, while problematic, are typically considered lower-level misdemeanors—unless a deadly weapon is involved.
However, if that same behavior happens in court, where legal proceedings are actively taking place, the charge escalates. You’re no longer just being disruptive—you’re interfering with due process, which falls under offenses against public administration.
Penalties if Charged with Hindering Proceedings by Disorderly Conduct
In Texas, hindering proceedings by disorderly conduct is classified as a Class A misdemeanor.
That means you could face:
- Up to 1 year in jail
- A fine of up to $4,000
- Or both
A conviction might also affect eligibility for certain professions, especially those involving emergency medical services, education, or public trust positions within the United States.
Legal Defenses If You’re Charged
Like any criminal charge, it must be proven beyond a reasonable doubt. A skilled criminal defense attorney can challenge the case in several ways:
Common Legal Defenses
- Lack of intent – You didn’t intend to disrupt the proceeding, which undermines the claim that a person commits an offense.
- No official legal proceeding – If what happened wasn’t a formal hearing or trial, Section 38.13 may not apply.
- Constitutional rights – Sometimes, what’s called “disorderly” may actually be protected under the United States Constitution, especially regarding free speech.
- Mental health issues – If the person was experiencing a mental health crisis or medical emergency, their capacity to form intent could be in question.
- No clear request to desist was made – In some cases, law enforcement must first issue a clear warning or instruction before arresting someone for disorderly conduct.
In other situations, the charge might be tacked on after an unrelated confrontation with law enforcement or tied to a separate incident involving bodily injury or a threat involving a deadly weapon—which can change the severity of the case dramatically.
This is why having a defense attorney who understands both the Penal Code and the Code of Criminal Procedure is essential. They can determine if all legal protocols were followed and whether the charge fits the facts.
Arrested? Don’t Plea, Call Me!
Facing a charge for hindering proceedings by disorderly conduct can feel overwhelming, especially when it stems from a moment of frustration, confusion, or misjudgment. But you don’t have to navigate it alone. The law is serious, but so are your rights and your future.
At Texas Criminal Defense Group, we understand the difference between a disruption and a crime and we know how to defend that line. If you’ve been charged under Texas Penal Code 38.13, time is critical. The sooner we start building your defense, the better your chances of avoiding harsh penalties and protecting your record.