4.415 — CONTEMPT OF COURT

Violations of "Statute 4.415" results in a Class A Misdemeanor

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(a) Definitions

Contempt of court refers to any behavior or actions that disrespect, obstruct, or disobey the authority, justice, or dignity of the court. This can include actions that disrupt court proceedings, refuse to comply with court orders, or show disrespect to the judicial process or personnel.

(b) Elements

To establish the offense of contempt of court, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant knowingly or willfully engaged in conduct that disrespects, disrupts, or undermines the authority of the court.

2. The conduct occurred within the presence of the court or was a violation of a direct court order.

3. The defendant had knowledge of the court's authority and the conduct being in violation of that authority.

(c) Defenses

Defenses against a charge of contempt of court may include:

• The defendant did not willfully or knowingly violate the court's order, and the violation was due to an unavoidable circumstance.

• The defendant was not aware of the order or did not have an opportunity to comply.

• The defendant's conduct was misinterpreted as contemptuous, but was not intended to obstruct or disrespect the court.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The contemptuous behavior was repeated or persistent.

• The defendant's actions resulted in significant delays or disruption to court proceedings.

• The defendant displayed significant disrespect or hostility towards the court or its personnel, affecting the orderly conduct of justice.