Texas Penal Code Section 22.09 – Tampering With Consumer Product

Under Texas law, tampering with consumer products is a serious criminal offense. The statute is designed to protect the public from individuals who intentionally alter or contaminate products that are sold or distributed for consumption by the public.

Statute Overview

Section 22.09 of the Texas Penal Code covers the crime of tampering with consumer products. The law makes it illegal to knowingly or intentionally tamper with a consumer product knowing that the product will be offered for sale or consumption by the public.

What is tampering with consumer products?

Tampering is defined as altering or contaminating a product with the intent to cause harm to another person. This can include adding harmful substances to food, beverages, or medications, or otherwise altering a product in a way that could endanger someone’s health or safety.

Elements of the Offense

To be convicted of tampering with a consumer product, the prosecution must prove that the defendant knowingly or intentionally tampered with a product and that the product was intended for sale or consumption by the public.

Penalties

What is the penal code for tampering with consumer products in Texas?

Under Section 22.09 of the Texas Penal Code, tampering with a consumer product is generally a second-degree felony. However, if someone suffers serious bodily injury as a result of the tampering, the offense can be elevated to a first-degree felony. Penalties can include significant prison time and hefty fines.

Examples of Tampering

Examples of tampering with consumer products include injecting poison into a bottle of pain relievers, contaminating packaged foods with dangerous substances, or altering over-the-counter medications in a way that could harm consumers.

Defenses

Possible defenses to a charge of tampering with consumer products include lack of intent, lack of knowledge, or that the product was not intended for public consumption.

Reporting and Prevention

How to tell if a product has been tampered with?

Consumers should always inspect packaging for signs of tampering, such as broken seals, unusual odors, or changes in appearance. If you suspect a product has been tampered with, do not consume it and report it to the authorities immediately.

Conclusion

Tampering with consumer products is a serious crime in Texas, with severe penalties for those convicted. If you are facing charges or have questions about the law, consult with an experienced criminal defense attorney.