Page 65 - Juvenile Practice is not Child's Play

Class C Misdemeanor Citations and Complaints

In recent years, the Texas Legislature has prioritized limiting the use of Class C misdemeanor citations as a response to
student misbehavior that could also be considered low-level criminal activity. In 2013, two different bills passed that

addressed issues related to student discipline, the issuance of citations to students for school misconduct, and the
process for sending students to the justice of the peace or municipal court system for the prosecution of certain
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misdemeanor offenses.

Class C Misdemeanor Offenses at School: Class C misdemeanors are offenses, other than traffic offenses, that are
punishable by a fine not to exceed $500 and no jail time. These offenses are the lowest level of misconduct punishable
as a crime in Texas. Common Class C misdemeanors on school grounds include the offenses of disorderly conduct

(which includes fighting, profanity, offensive gestures or noises, threats, indecent exposure, and more), disruption of
class, disruption of transportation, trespass, and minor in possession of alcohol. Although these offenses are not
categorized as serious crimes by the Texas Penal Code, the offenses may
constitute serious disruptions for schools.

A Peace Officer cannot cite to a child who is alleged to have committed a school offense (class C misdemeanor, other
than a traffic offense); however, a peace officer is not prohibited from taking a child into custody under applicable law.
A school district that commissions peace officers may develop a system of graduated sanctions that may be required to

be imposed on a child before a complaint is filed in criminal court for the offenses of disruption of class or disorderly
conduct. A complaint alleging the commission of a school offense must include a sworn statement by a person who has
personal knowledge of the underlying facts giving rise to probable cause to believe that an offense has been committed,

as well as a statement from a school employee stating whether the child is eligible for or receives special services due to
a disability and whether graduated sanctions were required and completed before the complaint was filed.

Implications for Student Offenses

• Students Age 9 and Younger: No Capacity. By law, students 9 and younger do not possess the mental

capacity to commit a Class C misdemeanor offense.
• Students Ages 10–14: Rebuttable Presumption of No Capacity. Students ages 10 to 14 are presumed to

lack the mental capacity to commit a Class C misdemeanor offense, but the prosecution may rebut this
presumption.

66 https://www.tasb.org/services/legal-services/tasb-school-law-
esource/students/documents/class_c_misd_citations_and_complaints_sept15.pdf