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(a) A person commits an offense if, with the intent to assault, harass, or alarm, the person:
(1) while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal; or
(2) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant’s official power or performance of an official duty.
(b) An offense under this section is a felony of the third degree.
(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section.
(d) In this section, “correctional or detention facility” means:
(1) a secure correctional facility; or
(2) a “secure correctional facility” or a “secure detention facility” as defined by Section 51.02, Family Code, operated by or under contract with a juvenile board or the Texas Juvenile Justice DepartmentYouth Commission or any other facility operated by or under contract with that departmentcommission.
(e) For purposes of Subsection (a)(2), the actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person’s employment as a public servant.
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