Be careful using "anything" if practicing Civil Disobedience in Texas. Anything? Anything!

Today I learned: according to vague Texas law, and the way it has been interpreted, the use of any tool or device during Civil Disobedience can turn misdemeanor charges into felonies. The sticking point is the definition of a "criminal instrument."

What is a criminal instrument? A gun? A knife? A chainsaw? Sure.  Those are understandable. It makes sense that those would be criminal instruments.

What else? Anything. Literally anything that you use "in the commission of an offense." For example, if you use PVC pipe to link yourself to other protesters (a technique called lockboxing), you risk being charged with use of a criminal instrument.  If you seek shelter in a tent, the tent could be construed as a criminal instrument.  If you cuff yourself to a fence, the cuffs could be construed as criminal instruments.  Even zip ties - criminal instruments. Barricades? Criminal instruments.

This is the same legal basis that makes it legal to have, say lock picking tools, but a felony if you're found with those tools in the commission of a crime. The tools then become criminal instruments, even if there's no evidence that they were used in the commission of whatever crime occurred.

How much risk does this present for getting misdemeanor offenses ratcheted up to felonies? It's hard to say. It doesn't seem to happen frequently. In a cursory search, I've only come across a couple of reports in recent years. Given the current highly reactionary political climate, however, count on it happening more often.  Choose wisely what you have on or about your person should you be practicing civil disobedience.