#Texas has a Penal Code which lists Coercion of Public Servant or Voter. It is article 36.03 in such subsection to Texas Code. Here is what it states:
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.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1989, 71st Leg., ch. 67, Sec. 1, 3, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
So, it seems, the implication of an act towards someone of a public service, to influence such servant to neglect his/her government duty, is a criminal act. But there are a few key words which should be referenced and we will reference them below:
The first definition to reference is “coercion,” and it is defined, as such within the Texas Penal Code to mean the following:
Sec. 1.07. DEFINITIONS. (a) In this code:
(9) "Coercion" means a threat, however communicated:(A) to commit an offense;(B) to inflict bodily injury in the future on the person threatened or another;(C) to accuse a person of any offense;(D) to expose a person to hatred, contempt, or ridicule;(E) to harm the credit or business repute of any person; or(F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action.
In order to meet the element of “coercion,” there must be a “threat,” as defined by legal definition of such word. Merriem-Webster defined the word “threat,” under the legal concept to mean the following:
Legal Definition of threat
: an expression of an intention to injure another :
So now, we must look up the legal definition of “injure,” to determine what raises to the level of a “threat,” within the understanding of “coercion.”
Merrier-Webster defined “injure,” as the legal definition as such:
Legal Definition of injure
(Entry 1 of 2)1: to interfere with or violate the legally protected interests of: asa: to harm the physical, emotional, or mental well-being ofb: to cause (another) to suffer from damage to, deprivation of, or interference with property or a property interestc: to violate the constitutionally or otherwise legally protected rights of2: to mar or impair the soundness or appearance of (as a building) : DEFACE
Now, injure leads to “harm,” and we must identify “harm.” The Texas Penal Code identifies “harm,” to mean the following:
Sec. 1.07. DEFINITIONS. (a) In this code:
(25) “Harm” means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested.
So, we have laid out the key terms surrounding the verbiage, “coercion.” One must make a “threat,” which is a direct or indirect implication which would potentially cause an “injury,” to someone, by way of “harming,” them.
So, someone does not need to be “threatened,” as an ultimatum; one may simply feel an obligation not to perform a duty because of something implied which could cause “harm.”
The statue above, deals with a public servant or voter, and a “public servant,” is defined as such, in the Texas Penal Code:
Sec. 1.07. DEFINITIONS. (a) In this code:
(41) "Public servant" means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties:(A) an officer, employee, or agent of government;(B) a juror or grand juror; or(C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or(D) an attorney at law or notary public when participating in the performance of a governmental function; or(E) a candidate for nomination or election to public office; or(F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so.
So, what happens if a public servant, just does not want to do his/her job and there was not a conversation creating a feeling of “harm?” Then the person may have violated another Texas Penal Code, 39.02, Abuse of Official Capacity, for not meeting a legal obligation of employment.
Now, remember, this Texas Penal Code, is strictly about persuading someone not to do his/her government function. So, has anyone every attempted to imply “harm,” to prevent you from performing your government duties? They may be in violation of a Texas Penal Code.