Sec. What is the current Texas law about Assault? (c)An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that 900, Sec. 1306), Sec. 734 (H.B. Sec. Added by Acts 1983, 68th Leg., p. 5312, ch. 623 (H.B. 1, eff. 34, eff. OFFENSES AGAINST THE PERSON CHAPTER 22. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or (3 . Added by Acts 1983, 68th Leg., p. 2812, ch. or staff member. (2) not attended by an individual in the vehicle who is 14 years of age or older. 139, Sec. 900, Sec. (e) For purposes of Subsection (a)(3), 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. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. September 1, 2005. Contact us. 593 (H.B. 738 (H.B. Indecent Assault Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 165, Sec. 440 (H.B. 1019, Sec. Acts 2015, 84th Leg., R.S., Ch. 22.041. convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a person whose relationship to or association with the defendant is described a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing (d) An offense under Subsection (b) is a felony of the second degree unless a person suffers serious bodily injury, in which event it is a felony of the first degree. (i) was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title; (ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and, (iii) did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or, (A) the actor was not more than three years older than the victim at the time of the offense; and. Sept. 1, 1994. 788 (S.B. 873 (S.B. 11, eff. Acts 1973, 63rd Leg., p. 883, ch. Class C misdemeanors are the least serious crimes under Texas Penal code. (B) a person who contracts with the state to perform a service in a civil commitment facility or an employee of that person: (i) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by the state to provide the service; or. Acts 2005, 79th Leg., Ch. 3, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 29, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. September 1, 2017. 91), Sec. 1, eff. In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. September 1, 2017. (a) The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if: (1) the conduct did not threaten or inflict serious bodily injury; or. 282 (H.B. 273, Sec. 1.01, eff. April 14, 1987; Acts 1987, 70th Leg., ch. (b) An offense under this section is a Class C misdemeanor unless the actor's conduct causes suicide or attempted suicide that results in serious bodily injury, in which event the offense is a state jail felony. September 1, 2019. 459, Sec. (2) "Elderly individual" means a person 65 years of age or older. September 1, 2021. (2) is committed against a public servant. 22.02. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. September 1, 2013. 24, Sec. SEXUAL OFFENSES. 530, Sec. 1, eff. 497, Sec. (3) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth. Search Texas Statutes. September 1, 2021. Sept. 1, 1983; Acts 1987, 70th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2005. 22.01 Assault (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. Acts 2017, 85th Leg., R.S., Ch. These offenses are the lowest level of misconduct punishable as a crime in texas. 3, eff. (d) For purposes of an omission that causes a condition described by Subsection (a)(1), (2), or (3), the actor has assumed care, custody, or control if the actor has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that the actor has accepted responsibility for protection, food, shelter, or medical care for a child, elderly individual, or disabled individual. | https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. September 1, 2005. 543 (H.B. 1, eff. 1, eff. (d) For purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant, a security officer, or emergency services personnel if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer or emergency services personnel. 2, eff. Assault in Texas is defined in Penal Code Chapter 22 and covers everything from a class C offensive touching to a first-degree aggravated assault punishable by up to life in prison. (3) "Health care services provider" means: (A) a physician licensed under Subtitle B, Title 3, Occupations Code; (B) a chiropractor licensed under Chapter 201, Occupations Code; (C) a physical therapist licensed under Chapter 453, Occupations Code; (D) a physician assistant licensed under Chapter 204, Occupations Code; or. (a) A person commits an offense if the person commits assault as defined in 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. 719 (H.B. the person's throat or neck or by blocking the person's nose or mouth; (3)a person who contracts with government to perform a service in a facility as defined is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if the defendant was adjudged guilty of the offense or entered a plea of guilty includes an athlete, referee, umpire, linesman, coach, instructor, administrator, In Texas, assault and battery are found in 22.01 of the Penal Code and are combined into a single offense called " Assault ." A person commits an assault if the person: intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; 8.139, eff. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. 284(23) to (26), eff. 417, Sec. 1087, Sec. If the assault also involved certain circumstances such as domestic violence, it can be considered a first degree felony with punishments that include up to life in prison. 16.003, eff. 2, eff. While jail time is not an option, you could still be left on file with a conviction for assault. Sept. 1, 1997; Acts 1997, 75th Leg., ch. LEAVING A CHILD IN A VEHICLE. 2.04, eff. . we provide special support 11, eff. 440 (H.B. 22.10. 21.001(39), eff. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. (g) For purposes of Subsection (d), the amount of pecuniary loss is the amount of economic loss suffered by the owner of the building, room, place, or conveyance as a result of the prevention or interruption of the occupation or use of the building, room, place, or conveyance. (j) Written notification under Subsection (i)(2) or (i)(3) is not effective unless it contains the name and address of the actor, the name and address of the child, elderly individual, or disabled individual, the type of care provided by the actor, and the date the care was discontinued. if the person was wearing a distinctive uniform or badge indicating the person's employment September 1, 2005. Acts 1973, 63rd Leg., p. 883, ch. 840 (H.B. Acts 2005, 79th Leg., Ch. (B) regardless of whether the person knows the age of the child at the time of the offense, intentionally or knowingly: (i) causes the penetration of the anus or sexual organ of a child by any means; (ii) causes the penetration of the mouth of a child by the sexual organ of the actor; (iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or, (v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and. Acts 2005, 79th Leg., Ch. (last accessed Jun. Amended by Acts 1979, 66th Leg., p. 367, ch. TITLE 5. 1, eff. Section 49.02 (c) of the Texas Penal Code provides that Public Intoxication in Texas is a Class C Misdemeanor, which is punishable by a fine not to exceed $500.00. increasing citizen access. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 2.017, eff. Acts 2021, 87th Leg., R.S., Ch. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. These offense codes are 8 digits long, the first four digits consist of the NCIC Classification of the offense and the last four digits are the Texas specific identifier of the offense. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. Acts 2011, 82nd Leg., R.S., Ch. Community service. Texas Penal Code 22.02 (a) states that a person commits an offense if the person commits assault as defined in 22.01 and the person: Causes serious bodily injury to another, including the person's spouse; or Uses or exhibits a deadly weapon during the commission of the assault. 22.09. (b-1)Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. 15.02(b), eff. 1, eff. class a misdemeanor sec. The law defines "family violence" under the Family Code as assault towards a member of the family (by blood) or household. L/D - Level and . 2908), Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. (2) a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense listed in those subsections is a conviction of the offense listed. (f) An offense under Subsection (c) is a state jail felony. Sept. 1, 2003. 22.08. 1, eff. Acts 2019, 86th Leg., R.S., Ch. emergency services; (6)a pregnant individual to force the individual to have an abortion; or. (3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and: (A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle; (B) is reckless as to whether the habitation, building, or vehicle is occupied; and. (a) A person commits an offense if, with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide. the benefit of the general public during emergency situations. Acts 2019, 86th Leg., R.S., Ch. An offense under Subsection (c) is a felony of the third degree. Sept. 1, 1985. September 1, 2005. 357, Sec. September 1, 2021. 1, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. (A)an officer or employee of the Texas Civil Commitment Office: (i)while the officer or employee is lawfully discharging an official duty at a civil ASSAULT. It is also important to note that after being convicted of domestic violence, all subsequent convictions could be enhanced. (8) a person the actor knows is pregnant at the time of the offense. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 14, Sec. However, if a person has two prior Public Intoxication convictions on their record, a third PI can be enhanced to a Class B misdemeanor, which has a range of punishment of up to 180 . Original Source: Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. who, in the course and scope of employment or as a volunteer, provide services for 2, eff. 53a-60b. 446, Sec. 6, eff. 1808), Sec. Acts 2017, 85th Leg., R.S., Ch. Class A misdemeanor "Bodily injury" means physical pain, illness, or any impairment of physical condition - Texas Penal Code 1.07(8); AIDING SUICIDE. A person convicted of a Class C misdemeanor in Texas can expect the following penalties: Fines up to $500. 665 (H.B. (1) "Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations. Acts 1973, 63rd Leg., p. 883, ch. as a public servant or status as a security officer or emergency services personnel. 2nd Degree Felony for Aggravated Assault. 2)"use or exhibits a deadly weapon during the commission of the assault". DEADLY CONDUCT. Texas Penal Code 22.01(b) states that an assault offense under Texas Penal Code 22.01(a)(1) is a Class A misdemeanor, except that the offense is a third-degree felony if the offense is committed against a person whose relationship to or association with the . (f) For the purposes of Subsections (b)(2)(A) and (b-3)(2): (1) a defendant has been previously convicted of an offense listed in those subsections committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; and. Reenacted and amended by Acts 2005, 79th Leg., Ch. 2, eff. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. -or-. 739, Sec. 1, eff. Amended by Acts 1985, 69th Leg., ch. September 1, 2005. 1, eff. There is no bail bond amount in this case, and the defendant is released to appear for a court date. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Acts 2017, 85th Leg., R.S., Ch. They are the least severe type of misdemeanor. Acts 2021, 87th Leg., R.S., Ch. 202, Sec. September 1, 2007. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 719 (H.B. Acts 2019, 86th Leg., R.S., Ch. Added by Acts 1983, 68th Leg., p. 5312, ch. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 1, eff. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. Acts 2007, 80th Leg., R.S., Ch. What is an Assault? (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. 62, Sec. (e) An offense under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the first degree when the conduct is committed intentionally or knowingly. 2, eff. (a-1) A person commits an offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, boarding home facility, intermediate care facility for persons with an intellectual or developmental disability, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility: (2) serious mental deficiency, impairment, or injury; or. (B) who otherwise by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self. 135, Sec. (2)a conviction under the laws of another state for an offense containing elements (2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A). Sexual Assault Offense Classification. 623 (H.B. 1019, Sec. ASSAULT. 903, Sec. Texas penal code penal tx penal section 22.01. Sec. Sept. 1, 1983. Through social Added by Acts 1999, 76th Leg., ch. Sec. 688), Sec. Assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree: Class D felony: Two years not suspendable. Acts 2017, 85th Leg., R.S., Ch. September 1, 2005. Penal Code 12.22] Confinement in jail for a te rm not to exceed 180 days Fine not to exceed $2,000 (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. (d) The defense provided by Section 22.011(d) applies to this section. 273 (H.B. 53a-60. 2908), Sec. Acts 2009, 81st Leg., R.S., Ch. 604, Sec. 1, eff. September 1, 2017. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the OFFENSES AGAINST THE PERSON. Assault by Threat is a Class C offense in Texas and is subject to fines of up to $500. 461 (H.B. 2, eff. 1, 2, eff. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope September 1, 2019. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 14.829, eff. (a) In this section: (1) "Consumer Product" means any product offered for sale to or for consumption by the public and includes "food" and "drugs" as those terms are defined in Section 431.002, Health and Safety Code. Class a assault texas penal code. Public intoxication (Penal Code 49.02), Assault by contact (Penal Code 22.01(a)(3)), Theft of less than $100 (Penal Code 31.03), by Section 71.0021(b), 71.003, or 71.005, Family Code, if: (A)it is shown on the trial of the offense that the defendant has been previously Added by Acts 2003, 78th Leg., ch. 1164), Sec. DEFINITIONS. 584 (S.B. 788 (S.B. The punishment according to Sec. Unless. (4)Sports participant means a person who participates in any official capacity with respect to an interscholastic, 1.01, eff. 900, Sec. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Under Texas Penal Code 25.11, you can be convicted of this crime if you commit at least two assaults against a member of your family or household within 12 months. 977, Sec. 361 (H.B. (b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), (2), or (3) is conduct constituting an offense under this section if: (1) the actor has a legal or statutory duty to act; or. 2, eff. 1, eff. 915 (H.B. 900, Sec. September 1, 2017. (2) "Spouse" means a person who is legally married to another. 1, eff. Acts 2017, 85th Leg., R.S., Ch. (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force, violence, or coercion; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to the other person, and the other person believes that the actor has the present ability to execute the threat; (3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; (4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; (5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; (6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge; (7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; (8) the actor is a public servant who coerces the other person to submit or participate; (9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor; (10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; (11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code; (12) the actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor; (13) the actor is a coach or tutor who causes the other person to submit or participate by using the actor's power or influence to exploit the other person's dependency on the actor; or. 436 (S.B. (2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or. (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. to force the individual to have an abortion. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. These cases are quite complex and benefit from the expertise of a criminal defense attorney. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. (a) A person commits an offense if : (1) the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without . For Class A assaultive offenses, the charges must be brought within this time period; if they are brought after the statute of limitations has expired, the defense may file a pretrial motion to dismiss the charges as directed under Title 1, Article 27.08 of the Texas Code of Criminal Procedure. 939, Sec. Sexual Assault, except as provided by Subdivision (1) Arson Trafficking of Persons under Section 20A.02 (a) (1), (2), (3), or (4), Penal Code Compelling Prostitution under Section 43.05 (a) (1), Penal Code Felonies with a 7 year statute of limitation: Misapplication of fiduciary property or property of a financial institution (g)If conduct constituting an offense under this section also constitutes an offense 4.02, eff. (4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a: (A) licensed social worker as defined by Section 505.002, Occupations Code; (B) chemical dependency counselor as defined by Section 504.001, Occupations Code; (C) licensed professional counselor as defined by Section 503.002, Occupations Code; (D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code; (F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or. 1.01. short title sec. Jan. 1, 1974. September 1, 2015. 3607), Sec. 977, Sec. Acts 2005, 79th Leg., Ch. 1.01, eff. (c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the offense is: (1) a Class A misdemeanor if the offense is committed under Subsection (a)(3) against an elderly individual or disabled individual, as those terms are defined by Section 22.04; (2) a Class B misdemeanor if the offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant either: (A) while the participant is performing duties or responsibilities in the participant's capacity as a sports participant; or, (B) in retaliation for or on account of the participant's performance of a duty or responsibility within the participant's capacity as a sports participant; or. , custody, or recklessly impeding the offenses against the person felony of the third degree who participates in official. Provided by Section 160.102, Family Code without intent to return for the child Acts 2009, 81st,... 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