Is it legal to fight in Texas?

What the law says

Fighting in public is an offense in Texas. Under section 42.01(a) of the Texas Penal Code, a person commits disorderly conduct by intentionally or knowingly doing any of a list of acts. One of them is when the person:

“fights with another in a public place;”

The penalty. Under section 42.01(d) of the Texas Penal Code, fighting in public is a Class C misdemeanor. Under section 12.23 of the Texas Penal Code, that is a fine of up to $500.

What counts as public. Under section 1.07 of the Texas Penal Code, a public place is any place the public or a substantial group of the public can reach. It includes streets and highways, and the common areas of schools, hospitals, apartment buildings, office buildings, transport facilities and shops. Under section 42.01(a-1) of the Texas Penal Code, a public school campus counts too.

Fighting can also be assault. Under section 22.01(a) of the Texas Penal Code, a person commits assault by intentionally, knowingly or recklessly causing bodily injury to another. Under section 1.07 of the Texas Penal Code, bodily injury means physical pain, illness or any impairment of physical condition.

The penalty for assault. Under section 22.01(b) of the Texas Penal Code, assault causing bodily injury is usually a Class A misdemeanor. Under section 12.21 of the Texas Penal Code, that carries a fine of up to $4,000, up to 1 year in jail, or both.

Threats and shoves. Under section 22.01(a) of the Texas Penal Code, threatening someone with imminent bodily injury, or making physical contact you know they will find offensive or provocative, is also assault. Under section 22.01(c), that is usually a Class C misdemeanor.

What changes the answer

Consent. Under section 22.06(a) of the Texas Penal Code, the other person’s effective consent, or a reasonable belief that they consented, is a defense to assault, aggravated assault and deadly conduct. It applies only if:

“the conduct did not threaten or inflict serious bodily injury;”

The same section 22.06(a) of the Texas Penal Code also allows the defense when the person knew the conduct was a risk of their job, of recognized medical treatment, or of a properly run scientific experiment.

Serious injury ends the defense. Under section 1.07 of the Texas Penal Code, serious bodily injury means injury that creates a substantial risk of death, or causes death, serious permanent disfigurement, or lasting loss or impairment of a body part or organ. A fight that threatens or causes that falls outside the consent defense in section 22.06.

Consent that does not count. Under section 1.07 of the Texas Penal Code, consent is not effective if it was induced by force, threat or fraud. It is also not effective if given by someone the actor knows is too young, mentally impaired or intoxicated to make reasonable decisions.

Gangs. Under section 22.06(b) of the Texas Penal Code, the consent defense is not available when the fight is a condition of joining or staying in a criminal street gang.

Consent and disorderly conduct. The consent defense in section 22.06 of the Texas Penal Code names assault, aggravated assault and deadly conduct. It does not name disorderly conduct, so a mutual fight in a public place can still be an offense under section 42.01.

Who is in the fight. Under section 22.01(b) of the Texas Penal Code, assault becomes a felony of the third degree in some cases, such as against a public servant on duty, or against a family or household member when the defendant has a prior conviction.