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Texas is known for its strong traditions, independence, and sometimes, unusual laws that seem outdated in today’s world. One question that often comes up is whether a person can get arrested for cursing in Texas. While free speech is protected under the First Amendment, there are still situations where using profane or offensive language can get you in trouble with the law. Let’s explore the reality behind this and look at some other strange laws that still exist in the Lone Star State.
Can You Get Arrested for Cussing in Texas?
Public Disorder and Offensive Language
While the First Amendment protects freedom of speech, Texas law does place some limits on when and where you can use offensive language. Under Texas Penal Code §42.01, disorderly conduct includes using “abusive, indecent, profane, or vulgar language in a public place” if it is likely to incite an immediate breach of peace. This means that while cussing in general isn’t illegal, doing so in a way that provokes violence or disrupts public order could lead to legal consequences.
Context Matters
If a person curses at a police officer, in a school, or in a way that provokes a violent reaction, they could be charged with disorderly conduct, which is a Class C misdemeanor. While this charge typically results in a fine rather than an arrest, extreme cases could escalate. Courts often determine whether profanity is punishable based on the specific circumstances of the case. For instance, yelling obscenities at a public event where tempers are already high could be seen as inciting disorder. However, a casual curse word spoken in frustration without a direct target is unlikely to result in any legal trouble.
In Texas, laws against disorderly conduct aim to preserve public order rather than suppress free speech. There have been cases where individuals were ticketed or detained for disorderly conduct due to profanity, but successful prosecution depends on proving that the language had a tangible disruptive impact.
Cursing in Front of Children or in Schools
Texas also has laws concerning the use of offensive language around minors. Public school students and teachers are expected to maintain a respectful environment, and vulgar language can sometimes result in disciplinary action even if it doesn’t lead to criminal charges. Similarly, parents or guardians who use excessive profanity around young children could face scrutiny in family law matters, especially in custody disputes where a judge might consider such behavior inappropriate for a child’s upbringing.
Other Weird and Outdated Texas Laws
Texas has its fair share of laws that, while still technically on the books, may seem bizarre or outdated. Here are some of the strangest laws that still exist:
1. You Can’t Sell Your Eye
Under Texas Penal Code §48.02, it is illegal to sell human organs, including eyes, hearts, kidneys, and other body parts. While this law makes sense in the context of organ trafficking prevention, the idea of specifically banning the sale of an eyeball stands out as odd.
2. You Must Give Oral or Written Warning Before Committing a Crime
An old Texas law once required criminals to give their victims 24 hours’ notice before committing a crime, either orally or in writing. While this law is no longer enforced, it stands as an amusing relic of legislative history. Imagine burglars handing out flyers announcing their upcoming break-ins!
3. No Walking Barefoot Without a Permit
Some Texas cities, including Fort Worth, once required individuals to obtain a permit to walk barefoot in public. This law was supposedly put in place for health reasons, though it is rarely, if ever, enforced today. The regulation likely originated as a public health initiative aimed at preventing infections and injuries. While barefoot walking is generally not illegal, businesses and establishments can still enforce footwear policies.
4. You Can’t Milk Someone Else’s Cow
Under Texas Penal Code §144.01, it is illegal to milk another person’s cow. This law was put in place to prevent cattle theft but now seems outdated given modern agricultural practices. In the past, livestock theft was a major concern in rural Texas. As such, stealing milk could be seen as a form of property damage or fraud. Though the law remains in effect, it’s doubtful that anyone has been prosecuted for unauthorized milking in recent years.
5. It’s Illegal to Own More Than Six Dildos
In one of Texas’ most infamous and bizarre laws, Texas Penal Code §43.23 makes it illegal to possess more than six “obscene devices”—which includes sex toys. This law has been challenged in court, but it technically remains on the books. The restriction stems from outdated morality laws, and while enforcement is practically nonexistent, it has been widely ridiculed as an example of government overreach into personal freedoms.
6. You Can’t Shoot a Buffalo From a Second Story Window
One of Texas’ most peculiar laws prohibits shooting a buffalo from the second story of a hotel. This law likely dates back to the Old West when buffalo hunting was common. At the time, people may have used their hotel rooms as makeshift hunting blinds. Today, with the buffalo population no longer roaming the streets, this law remains an amusing piece of history.
7. Wire Cutters Are Illegal in Some Areas
Texas has old laws restricting the use of wire cutters in certain areas, likely stemming from efforts to prevent cattle rustling in the 1800s. While these laws are rarely enforced, they highlight the historical significance of fencing disputes in Texas ranching culture.
8. You Can’t Drink More Than Three Sips of Beer While Standing Up
A long-standing Texas law technically forbids people from drinking more than three sips of beer while standing up. Although it is not actively enforced, this law supposedly aimed to curb rowdy behavior in bars and public drinking areas.
9. It’s Illegal to Feather Dust a Public Building
One of the strangest laws still on the books states that it is illegal to feather dust a public building in Texas. While the exact reasoning behind this law is unclear, it may have originated from early sanitation concerns or efforts to prevent unnecessary distractions in government offices.
10. You Can’t Eat Your Neighbor’s Garbage Without Permission
Believe it or not, Texas law prohibits rummaging through someone else’s trash without permission. While this law makes sense in cases of trespassing or theft, it seems oddly specific in its wording. Some cities have even extended this law to include fines for “dumpster diving.”
Conclusion
While Texas has a reputation for being tough on crime, it also has a number of outdated and unusual laws that make for interesting conversation. While cussing alone won’t usually get you arrested, using profane language in a way that disrupts public order could lead to legal trouble. Similarly, while many of Texas’ strange laws aren’t actively enforced, they remain an amusing part of the state’s legal history. So the next time you’re in Texas, you might want to think twice before milking someone else’s cow, walking barefoot without a permit, feather dusting a public building, or shooting a buffalo from a hotel window!
