Zersetzung Truth Revealors

I think Jim Garrison (later Joan Mellon and Richard Belzer who have written and spoken on the Kennedy assasination) was the first to say it. “I don’t live in the country (USA) I wa born in.” Correct! I have found that out too. Oddly, the beast we are in can project to the public the illusion of truth and justice but at the same time show US and even challenge US that they can fake anything an get away with anything at all. The only thing they need (ad they can do easily) is fabricate an excuse and not only can they get their objectives others will even (under the fabricated excuse) help them with their objectives, be those objectives evictions, divorces, fight in the streets from dillusional vigilantes, black-listing from jobs and social circles., etc., While we TIs know the danger of the State is real, we are already prophesized to be Terrorists, Conspiracy Theoriest, and the mentally Ill who make baselless acusations against our goverments.

I Edward Paul Donegan have been learning the lingo of Street Theater from various locations, most recently watching Ms. Congeniality. “Trained Monkey Acts” are mindless dupes acting out something they do not understand. Also called Flying Monkeys, these are best explained as delusionally psychotic dupes and were explained to me by a article in Real Clear Defense on Information Doppelgangers that I can not find again though related articles are there I have found.

The funcion of PsyOps (according to their own wording and definition) is to build Fixed Pschosis in the forms of Delusions into Dupes. These “commanders” who are being dissinformed are most vulnerable with their strong emotions are played to, etc., and tend not to self-govern rationally. “Even the ‘good people’ and stuck in delusional acts and told not to stand down from their or give into the attempts of others to persuade to the contrary. These Dupes make up the Cause Stalking abusers of a person smeared by PsyOps.

So how is this intended to work? I will blend a few memes together like the Caine Mutiny and a few others like D Day etc., IF you can with Disinformation created by a Dopple (one messenger of military information has his identity stolen and is replaced, giving false information, or a fake photograph shows a foreign military in a location it is not when in fact it is elsewhere) the Disinformation perhaps catering to a weakness in the foreign military commander will lead the foreign military commander into a mistake striking at an empty location or going into a trap the commander thought was safe.

Cause Stalking built on sham issues often added to as Legend over years incorporates Dupes full of themselves bleeding with their own ego and importance about how the will serve the cause of undermining the perceived threat of the person who is the subject to the smears. Preventing “rational analysis” in military terms the exploration of the links to things an what is actually true of the links of information are explored for validity, is the art of dissifromation and working to avoie any proper hearing of the facts thus the delusions remain fixed in the Flying Monkey acts mindset as they clamor about.

https://www.youtube.com/@TIDavidA and https://twitter.com/Spiritu42830069

A Targeted Peson is sabotoaged in what they do another is not. “Disrupt” “Roadblock” “Sabotauge” “Happy Slap” “Harrass” “Bright” “Conflict Engagement” make the road difficult, pitted, hard to travel, unavailable. Sure that construction was planned for years. Try a new way along the path. This has occurred to me in the gym, housing, elsewhere.

Zersetzung (Stasi Policing) is a psychological warfare tactic developed by the East German Stasi Secret Police (best on the planet) to nuetralize dissidents by disrupting every part of you’re life and gaslighting you. Disrupt, Discredit, Destroy (DDD) to isolate, set up, and nuetralize. https://www.facebook.com/groups/165918446241837

There are several people named Dave I will quote from in this. But I will aslo add in my own facts. Much of what is happening in Austin Texas and it seems now tied by some weak evidence to a former city council now the US Representative who planned much of Austin growth. Weird components of it oddly mock or refernce my BDSM life in particular a failed relationship I had with the lovely Meridith. At the time we broke up I had paid for a 300 hundred dollar hood for her head as part of leather gear in scenes. We had broken up just before this was getting started and Mr S. Leathers gave a full refund for the custom work that included custom sizing and measurements for fitting.

In Austin Gold’s Downtown a hispanic hipster was making odd comments to me, wearing Superman t-shirst, seemed to be impersonating me in other ways at I heard him at several locations around Austin he was gettin a custom hood for his partner.

I had quipped a few things here and there. Once in Baltimore Supermax Detention I had said to someone giant and good shape, a black who may have been FBI SIS or other undercover he should get a job a a gym making women’s thights sweat. Someone took this to heed. I play things down in the gym other than grooving with the music but things I have done in the gym tied to diabetes like watching blood sugar control following intense workouts over days on advertisements for Orange gym. Orange Gym has “Kings it looks like Black Hebrew Isrealites and build on the themes of what I learned from some hate sites are miscenation, forced or voluntary inter-racial reproducity. Much of is predatorial an hate group and marshalls or deputies have women in Orange as slave uniforms is one of the sevarl weird things that seems part of pscych-sexual weird memes. Anotehr time this came up is after that breakup with Meridith I had one said rather rudely Roses are Red Violets are Blue my ex had an ass like a B-52. Some take on this and other off-handed quips appeared at Freedom Fitness in Corpus Christi.

I did use musi for a lot trying to teach Rush Limbaugh liberalism is not a disease and many groups talk about liberalism and music. I attacked For The Right Radio on these points as well. Suggesting I am a Nazi and this prison based Hebrew Kings using gyms as recuiting grounds seems part of the messaging and reality I have been seeing.

In one case while working on my book in 3rd Street Starybucks I happened to hear one of the Orange gym managers interview a blonde about working there. She said she had a custom playlist she used and they smeared not another play list yet most of them copied my DJ Delight Ohlalal sixties music long ago. I have seen veteratns groups in particular non-white ones really make lots fo inroads in the parks and rec and gym community as a culturalk movement I think building a new imaeg for themselves and Austin. Not everyone with a King tatoo is a hate group member but there are hate group members who do.

Views: 94

Before I was alone in my reports of illegal activities which have either not been taken in, not been taken seriously, or taken as an indication I am mentally ill.

I am not suggesting I am healthy. I have volatile emotions that can be played to by hostile parties trying to trip me up or make seem schizphrenic with something like the Perjury Trap. A Schizophrenia Trap is used when people identify themsleves as something anthropmorhicly conflated such that when a person reporting an abuser the person making the report will be thought to be a schizophrenic. Those harrassed with extremley rare weaponry available only to high level espionage operatives like use of X-Ray or radion sources including raw sources also make a person disbeilved. Havananh Syndrome cases are adding up.

Years ago I sat with Bekcy Harrelson on the second floor of mental health services Arlington Virginia. I was in a tight fitting sweater because I had gained weight and otherwise it was a normal choice of casual for that day. But I felt warm in the office. I had mistaken “white glove” with some other thing thinking about things like Marine Corps formal standards and was embarrassed about it but further I had many probems pressing. I was wondering if the room were under X-ray attack and she was going to be in danger. For months if not years I was telling people I may be a radio source hot spot and to avoid sitting next to me including my brother Tom Donegan. I have had power transformers in the neighborhood blow out as heavy machines I thought were X-ray moved above to the second floor was following my movements to sleep in different rooms on the first floor in a quiet night where in thin wall much too much was to be heard.

I have been through years of this including on the First Floor apartment hearing thugs talk about who would be willing to hit me, etc., and conspiracies were being created among neighbors being moved in to the Section 8 type housing.

The reports I have made and concerns I have expressed are by Sosbbe as well as Jim Donegan who was openly being given veiled death threats in covert but understandable messaging, harrasing phone calls the phone company would not do anything about, etc.

Over the years he felt suicidal and I was trying to get him to consider Wellbutrin that had worked well for me. At the same time I was treating my brother visciouly and before my father “Glove Gay Rights Fisting Parties for Gays” that were a nightmare for my brother did not represent the truth.

It was emotionally violent family fighting and behind the scenes my father was in fear of his mind decaying. I have worked towards not going into a sort of (in House they did this with sort of rebirth) with the mind becoming so scattered from toxic input similar to a ventricual fibrilation for a heart ventrical affect just being to pulled around by intensive discordant distractions to keep normal thinking patterns. Adding to my shame I was younger and working around the clock on law issues he hadn’t read for 20 years or thought much about and he felt incorreclty he was loosing a step. I was taller than the other kids at this point and against normal kids he would have woooped them.

He was depressed and I think hostile neigbors were not helping him as Stalkers are told to do, undermining normal social safety net with things like helping with a move, talking nice walks or recreation toghether, etc.,

I beleive thug attacks from the mental health system led to his injuries and death.

Geral Sosbee –
fbi uses high technology & low minded thugs to destroy Targets, both mentally and physically

This paper focuses on fbi high technology that is used in combination with fbi agents, operatives, thugs & assassins to terrorize and confuse fbi Targets such as I.

For at least 35 years the fbi in vendetta sends provocateurs to commit assault and battery on my person in efforts to obtain a criminal record on me. fbi fails.

fbi also sends operatives online to harass me and to prepare the public for the desired fbi outcome; see: “kill yourself paranoid schizoprenic” [Ed Donegan reports the same and as an example in a Coinop laundry on South Congress I was handed a napkik with a crayon drawing of a man jumping to his death from a tall building with the comment made to me Go-For-it. This type of messaging including contentious or disagreeable stimuli can be 500 times a day in submersion environment the performing monkeys clamoring their symbols make noise with walking past you or you past them. They are called Flying Monkeys, irrational robot symbols smashers.

Each time I try to explain to a doctor that I am under attack by DEW & ELF, the doctor scoffs at my report. Regarding the DEW and ELF attacks see:

Recently, the fbi sends an assassin to threaten me at the library; then, the library security guard is directed to harass me. See my letter below to the City Council in efforts to stop the harassment.

Dear Mayor and Council Members,

I am a former Special Agent with the fbi, turned whistleblower. Presently, at least one of your library employees and several guards are harassing me at the direction of the fbi. I reported the incidents which I consider harassment, stalking and threat by intimidation to the library, but the crimes against my person continue in the library unabated.

On January 7, 2020, I discreetly obtained a verbal admission from the security guard who stated that he was ordered by the library authority to pace back and forth near the study room (#7) for the entire time that I and my wife were working. This has been going on for about the past year; sometimes the stalker is a fbi counterintelligence operative. In a similar case at UT library, UTHSC, Harlingen, Texas, I successfully prosecuted a library employee named Alonzo Yanez for Class C assault & battery of my person in the men’s room (see http://www.sosbeevfbi.com/part19b-updatefo.html ).

Also, the City Council of McAllen, Texas, stopped similar assaults on me in the public libraries there by their employees. I request that your esteemed offices might stop the crimes against me and my wife by your library employees and by Allegiant Protective Services. Please note that I am 74 years of age and I am under a doctor’s care for coronary artery disease which could be fatal. The fbi has made several attempts on my life. Thank you for your consideration.

GERAL SOSBEE, xxx STREET,
MISSION, TEXAS, 78572

Thus, I trust that the reader may suspend disbelief of reports of fbi’s torture, false imprisonment, forced suicide and murder in order to join with Targets to stop fbi. The fbi must be dismantled and the people should be told all about the fbi atrocities that I and other Targets document.

As Ed Donegan has filed before the Court the acts of thugs the State uses as Intermediaries to avoid tracing back to the State are nonetheless State Actors.

A State act;
“[C]onduct satisfying the state-action requirement of the Fourteenth Amendment satisfies 30 [Section 1983’s] requirement of action under color of state law.” Lugar v. Edmondson Oil Co., 31 457 U.S. 922, 935 n.18 (1982).

“Like the state-action requirement of the Fourteenth Amendment, the under-color-of-state-law element of § 1983 excludes from its reach ‘“merely private conduct, no matter how discriminatory or wrongful.”’” American Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S.
—–
And
—-

Tarkanian, 488 U.S. at 192 (citing Burton v. Wilmington Parking Auth., 365 U.S. 715 (1961)).
McKeesport Hosp., 24 F.3d at 524. The Court of Appeals has explained that Supreme Court caselaw concerning “joint action or action in concert suggests that some sort of common purpose or intent must be shown…. [A] private citizen acting at the orders of a police officer is not generally acting in a willful manner, especially when that citizen has no self-interest in taking the action…. [W]illful participation … means voluntary, uncoerced participation.” Harvey v. Plains Twp. Police Dept., 421 F.3d 185, 195-96 (3d Cir. 2005).
“[G]enerally, a public employee acts under color of state law while acting in his official capacity or while exercising his responsibilities pursuant to state law.” West, 487 U.S. at 50.
“[O]ff-duty police officers who flash a badge or otherwise purport to exercise official authority generally act under color of law.” Bonenberger v. Plymouth Tp., 132 F.3d 20, 24 (3d Cir. 1997).
—
However,
—–

Liability under Section 1983 “attaches only to those wrongdoers ‘who carry a badge of authority of a State and represent it in some capacity, whether they act in accordance with their authority or misuse it.’” National Collegiate Athletic Ass’n v. Tarkanian, 4 488 U.S. 179, 191 (1988) (quoting Monroe v. Pape, 365 U.S. 167, 172 (1961)). “The traditional definition of acting under color of state law requires that the defendant in a § 1983 action have exercised power ‘possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.’” West v. Atkins, 487 U.S. 42, 49 (1988) (quoting United 8 States v. Classic, 313 U.S. 299, 326 (1941)
The inquiry into the question of action under color of state law “is fact-specific.” Groman v. Township of Manalapan, 47 F.3d 628, 638 (3d Cir. 1995). “In the typical case raising a state-action issue, a private party has taken the decisive step that caused the harm to the plaintiff, and the question is whether the State was sufficiently involved to treat that decisive conduct as state action. . . . Thus, in the usual case we ask whether the State provided a mantle of authority that enhanced the power of the harm-causing individual actor.” Tarkanian, 488 U.S. at 192. Circumstances that can underpin a finding of state action include the following:
 A finding of “‘a sufficiently close nexus between the state and the challenged action of the [private] entity so that the action of the latter may fairly be treated as that of the State itself.’”
 A finding that “the State create[d] the legal framework governing the conduct.”
 A finding that the government “delegate[d] its authority to the private actor.”
 A finding that the government “knowingly accept[ed] the benefits derived from unconstitutional behavior.”
 A finding that “the private party has acted with the help of or in concert with state 5 officials.” For an instruction on private action in concert with state officials, see 6 Instruction 4.4.3. 7
 A finding that the action “‘result[ed] from the State’s exercise of “coercive power.”’”
 A finding that “‘the State provide[d] “significant encouragement, either overt or covert.”’”
 A finding that “‘a nominally private entity . . . is controlled by an “agency of the State.”’”
 A finding that “‘a nominally private entity . . . has been delegated a public function by the State.’”
 A finding that “‘a nominally private entity . . . is “entwined with governmental policies,” or [that] government is “entwined in [its] management or control.”’”

— Centrally –
Citing an Appellate case “.. a state employee who pursues purely private motives and whose interaction with the victim is unconnected with his execution of official duties does not act under color of law.” Bonenberger, 132 F.3d at 24.”
However; that is not the case here.
A left wing based Social Justice advocacy with ties to the State have created a Due Process violation creating unnecessary management of my assets and allienatiof of my rights into social justice advocacy for the purpose of illegal exploitation of those genetic assets by social justice advocacy.
The parties of Plaintiff and Defendant are, respectively, are ultra-right wing white male Plaintiff and some ultra left wing Social Justice advocates needing genetic good cause medical assets from Plaintiff, gaining rights to those assets through the acts of fraud this suit will establish.

Views: 54

PENAL CODE

TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION

CHAPTER 39. ABUSE OF OFFICE

Sec. 39.01. DEFINITIONS. In this chapter:

(1) “Law relating to a public servant’s office or employment” means a law that specifically applies to a person acting in the capacity of a public servant and that directly or indirectly:

(A) imposes a duty on the public servant; or

(B) governs the conduct of the public servant.

(2) “Misuse” means to deal with property contrary to:

(A) an agreement under which the public servant holds the property;

(B) a contract of employment or oath of office of a public servant;

(C) a law, including provisions of the General Appropriations Act specifically relating to government property, that prescribes the manner of custody or disposition of the property; or

(D) a limited purpose for which the property is delivered or received.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 39.015. CONCURRENT JURISDICTION TO PROSECUTE OFFENSES UNDER THIS CHAPTER. With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch. 378 (S.B. 563), Sec. 2, eff. June 15, 2007.

Sec. 39.02. ABUSE OF OFFICIAL CAPACITY. (a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:

(1) violates a law relating to the public servant’s office or employment; or

(2) misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant’s custody or possession by virtue of the public servant’s office or employment.

(b) An offense under Subsection (a)(1) is a Class A misdemeanor.

(c) An offense under Subsection (a)(2) is:

(1) a Class C misdemeanor if the value of the use of the thing misused is less than $100;

(2) a Class B misdemeanor if the value of the use of the thing misused is $100 or more but less than $750;

(3) a Class A misdemeanor if the value of the use of the thing misused is $750 or more but less than $2,500;

(4) a state jail felony if the value of the use of the thing misused is $2,500 or more but less than $30,000;

(5) a felony of the third degree if the value of the use of the thing misused is $30,000 or more but less than $150,000;

(6) a felony of the second degree if the value of the use of the thing misused is $150,000 or more but less than $300,000; or

(7) a felony of the first degree if the value of the use of the thing misused is $300,000 or more.

(d) A discount or award given for travel, such as frequent flyer miles, rental car or hotel discounts, or food coupons, are not things of value belonging to the government for purposes of this section due to the administrative difficulty and cost involved in recapturing the discount or award for a governmental entity.

(e) If separate transactions that violate Subsection (a)(2) are conducted pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense and the value of the use of the things misused in the transactions may be aggregated in determining the classification of the offense.

(f) The value of the use of a thing of value misused under Subsection (a)(2) may not exceed:

(1) the fair market value of the thing at the time of the offense; or

(2) if the fair market value of the thing cannot be ascertained, the cost of replacing the thing within a reasonable time after the offense.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 3241, ch. 558, Sec. 7, eff. Sept. 1, 1983. Renumbered from Penal Code Sec. 39.01 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 82 (S.B. 828), Sec. 1, eff. September 1, 2009.

Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 28, eff. September 1, 2015.

Sec. 39.03. OFFICIAL OPPRESSION. (a) A public servant acting under color of his office or employment commits an offense if he:

(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;

(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or

(3) intentionally subjects another to sexual harassment.

(b) For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity.

(c) In this section, “sexual harassment” means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person’s exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly.

(d) An offense under this section is a Class A misdemeanor, except that an offense is a felony of the third degree if the public servant acted with the intent to impair the accuracy of data reported to the Texas Education Agency through the Public Education Information Management System (PEIMS) described by Sections 48.008 and 48.009, Education Code, under a law requiring that reporting.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1989, 71st Leg., ch. 1217, Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16, Sec. 19.01(34), eff. Aug. 26, 1991. Renumbered from Penal Code Sec. 39.02 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 510 (S.B. 124), Sec. 2, eff. September 1, 2013.

Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.088, eff. September 1, 2019.

Sec. 39.04. VIOLATIONS OF THE CIVIL RIGHTS OF PERSON IN CUSTODY; IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY OR UNDER SUPERVISION. (a) An official of a correctional facility or juvenile facility, an employee of a correctional facility or juvenile facility, a person other than an employee who works for compensation at a correctional facility or juvenile facility, a volunteer at a correctional facility or juvenile facility, or a peace officer commits an offense if the person intentionally:

(1) denies or impedes a person in custody in the exercise or enjoyment of any right, privilege, or immunity knowing his conduct is unlawful; or

(2) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with an individual in custody or, in the case of an individual in the custody of the Texas Juvenile Justice Department or placed in a juvenile facility, employs, authorizes, or induces the individual to engage in sexual conduct or a sexual performance.

Text of subsection as amended by Acts 2021, 87th Leg., R.S., Ch. 895 (H.B. 3157), Sec. 1

(b) An offense under Subsection (a)(1) is a felony of the third degree. An offense under Subsection (a)(2) is a felony of the second degree, except that an offense under Subsection (a)(2) is a felony of the first degree if the offense is committed against:

(1) an individual in the custody of the Texas Juvenile Justice Department or placed in a juvenile facility; or

(2) a juvenile offender detained in or committed to a correctional facility.

Text of subsection as amended by Acts 2021, 87th Leg., R.S., Ch. 939 (S.B. 312), Sec. 1

(b) An offense under Subsection (a)(1) is a Class A misdemeanor. An offense under Subsection (a)(2) is a felony of the second degree.

(c) This section shall not preclude prosecution for any other offense set out in this code.

(d) The Attorney General of Texas shall have concurrent jurisdiction with law enforcement agencies to investigate violations of this statute involving serious bodily injury or death.

(e) In this section:

Text of subdivision as amended by Acts 2015, 84th Leg., R.S., Ch. 216 (H.B. 511), Sec. 1

(1) “Correctional facility” means:

(A) any place described by Section 1.07(a)(14);

(B) any place or facility designated for the detention of a person suspected of violating a provision of the Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.); or

(C) a “secure correctional facility” or “secure detention facility” as defined by Section 51.02, Family Code.

Text of subdivision as amended by Acts 2015, 84th Leg., R.S., Ch. 1136 (S.B. 183), Sec. 2

(1) “Correctional facility” means any place described by Section 1.07(a)(14).

(2) “Custody” means the detention, arrest, or confinement of an adult offender, the detention of a juvenile offender, or the commitment of a juvenile offender to a correctional facility or juvenile facility.

(2-a) “Juvenile facility” means:

(A) a facility operated by the Texas Juvenile Justice Department or a private vendor under a contract with the Texas Juvenile Justice Department; or

(B) a facility for the detention or placement of juveniles under juvenile court jurisdiction and that is operated wholly or partly by a juvenile board or another governmental unit or by a private vendor under a contract with the juvenile board or governmental unit.

(3) “Sexual contact,” “sexual intercourse,” and “deviate sexual intercourse” have the meanings assigned by Section 21.01.

(4) “Sexual conduct” and “performance” have the meanings assigned by Section 43.25.

(5) “Sexual performance” means any performance or part thereof that includes sexual conduct by an individual.

(f) An employee of the Texas Department of Criminal Justice, the Texas Juvenile Justice Department, a juvenile facility, a local juvenile probation department, or a community supervision and corrections department established under Chapter 76, Government Code, a person other than an employee who works for compensation at a juvenile facility or local juvenile probation department, or a volunteer at a juvenile facility or local juvenile probation department commits an offense if the actor engages in sexual contact, sexual intercourse, or deviate sexual intercourse with an individual who the actor knows is under the supervision of the Texas Department of Criminal Justice, Texas Juvenile Justice Department, probation department, or community supervision and corrections department but not in the custody of the Texas Department of Criminal Justice, Texas Juvenile Justice Department, probation department, or community supervision and corrections department.

(g) An offense under Subsection (f) is a state jail felony.

(h) It is an affirmative defense to prosecution under Subsection (f) that the actor was the spouse of the individual at the time of the offense.

Added by Acts 1979, 66th Leg., p. 1383, ch. 618, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 3242, ch. 558, Sec. 8, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 18, Sec. 5, eff. April 15, 1987. Renumbered from Penal Code Sec. 39.021 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1997, 75th Leg., ch. 1406, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 158, Sec. 1 to 3, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1070, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1297, Sec. 69, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 62, eff. June 8, 2007.

Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 63, eff. June 8, 2007.

Acts 2007, 80th Leg., R.S., Ch. 378 (S.B. 563), Sec. 3, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 43, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 19.003, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 260 (H.B. 549), Sec. 5, eff. September 1, 2009.

Acts 2015, 84th Leg., R.S., Ch. 216 (H.B. 511), Sec. 1, eff. September 1, 2015.

Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 144, eff. September 1, 2015.

Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 145, eff. September 1, 2015.

Acts 2015, 84th Leg., R.S., Ch. 1136 (S.B. 183), Sec. 1, eff. September 1, 2015.

Acts 2015, 84th Leg., R.S., Ch. 1136 (S.B. 183), Sec. 2, eff. September 1, 2015.

Acts 2017, 85th Leg., R.S., Ch. 540 (S.B. 343), Sec. 1, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 540 (S.B. 343), Sec. 2, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 540 (S.B. 343), Sec. 3, eff. September 1, 2017.

Acts 2021, 87th Leg., R.S., Ch. 895 (H.B. 3157), Sec. 1, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 939 (S.B. 312), Sec. 1, eff. September 1, 2021.

Sec. 39.041. IMPROPER SEXUAL ACTIVITY WITH COMMITTED PERSON. (a) In this section, “deviate sexual intercourse,” “sexual contact,” and “sexual intercourse” have the meanings assigned by Section 21.01.

(b) An officer or employee of the Texas Civil Commitment Office, a person who contracts with this state to perform a service in a civil commitment facility or an employee of that person, or a volunteer at a civil commitment facility commits an offense if the person intentionally engages in deviate sexual intercourse, sexual contact, or sexual intercourse with a person committed to a civil commitment facility.

(c) An offense under this section is a felony of the third degree.

(d) It is an affirmative defense to prosecution under this section that, at the time of the offense, the actor was the spouse of the person committed to the civil commitment facility.

(e) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 6, eff. September 1, 2023.

Sec. 39.05. FAILURE TO REPORT DEATH OF PRISONER. (a) A person commits an offense if the person is required to conduct an investigation and file a report by Article 49.18, Code of Criminal Procedure, and the person fails to investigate the death, fails to file the report as required, or fails to include in a filed report facts known or discovered in the investigation.

(b) A person commits an offense if the person is required by Section 501.055, Government Code, to:

(1) give notice of the death of an inmate and the person fails to give the notice; or

(2) conduct an investigation and file a report and the person:

(A) fails to conduct the investigation or file the report; or

(B) fails to include in the report facts known to the person or discovered by the person in the investigation.

(c) An offense under this section is a Class B misdemeanor.

Added by Acts 1983, 68th Leg., p. 2510, ch. 441, Sec. 2, eff. Sept. 1, 1983. Renumbered from Penal Code Sec. 39.022 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.104, eff. Sept. 1, 1995.

Sec. 39.06. MISUSE OF OFFICIAL INFORMATION. (a) A public servant commits an offense if, in reliance on information to which the public servant has access by virtue of the person’s office or employment and that has not been made public, the person:

(1) acquires or aids another to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected by the information;

(2) speculates or aids another to speculate on the basis of the information; or

(3) as a public servant, including as a school administrator, coerces another into suppressing or failing to report that information to a law enforcement agency.

(b) A public servant commits an offense if with intent to obtain a benefit or with intent to harm or defraud another, he discloses or uses information for a nongovernmental purpose that:

(1) he has access to by means of his office or employment; and

(2) has not been made public.

(c) A person commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he solicits or receives from a public servant information that:

(1) the public servant has access to by means of his office or employment; and

(2) has not been made public.

(d) In this section, “information that has not been made public” means any information to which the public does not generally have access, and that is prohibited from disclosure under Chapter 552, Government Code.

(e) Except as provided by Subsection (f), an offense under this section is a felony of the third degree.

(f) An offense under Subsection (a)(3) is a Class C misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 3243, ch. 558, Sec. 9, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 30, Sec. 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 43, Sec. 3, eff. Oct. 20, 1987; Acts 1989, 71st Leg., ch. 927, Sec. 1, eff. Aug. 28, 1989. Renumbered from Penal Code Sec. 39.03 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(90), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 76, Sec. 14.52, eff. Sept. 1, 1995.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1043 (H.B. 1783), Sec. 5, eff. September 1, 2015.

Sec. 39.07. FAILURE TO COMPLY WITH IMMIGRATION DETAINER REQUEST. (a) A person who is a sheriff, chief of police, or constable or a person who otherwise has primary authority for administering a jail commits an offense if the person:

(1) has custody of a person subject to an immigration detainer request issued by United States Immigration and Customs Enforcement; and

(2) knowingly fails to comply with the detainer request.

(b) An offense under this section is a Class A misdemeanor.

(c) It is an exception to the application of this section that the person who was subject to an immigration detainer request described by Subsection (a)(1) had provided proof that the person is a citizen of the United States or that the person has lawful immigration status in the United States, such as a Texas driver’s license or similar government-issued identification.

Added by Acts 2017, 85th Leg., R.S., Ch. 4 (S.B. 4), Sec. 5.02, eff. September 1, 2017.

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