Acts 2005, 79th Leg., Ch. Acts 2017, 85th Leg., R.S., Ch. (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; (2) while committed to a civil commitment facility, causes: (A) an officer or employee of the Texas Civil Commitment Office to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (B) a person who contracts with the state to perform a service in the facility or an employee of that person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; or. September 1, 2017. (c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded. September 1, 2019. (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. 366, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. A person convicted of a Class C misdemeanor in Texas can expect the following penalties: Fines up to $500. Acts 2017, 85th Leg., R.S., Ch. (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. September 1, 2017. 3, eff. 1, eff. Assault on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. In addition, 2, eff. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the 165, Sec. 34 (S.B. 3, eff. of an official duty by the officer or employee; or. (k) It is a defense to prosecution under this section that the act or omission consisted of: (1) reasonable medical care occurring under the direction of or by a licensed physician; or. to provide the service; or. 427 (H.B. 467 (H.B. 12.23. class c misdemeanor . 543 (H.B. (d)For purposes of Subsection (b), the actor is presumed to have known the person September 1, 2007. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 1576), Sec. 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 Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1, eff. TITLE 5. September 1, 2011. 685 (H.B. 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. September 1, 2007. to force the individual to have an abortion. 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. September 1, 2005. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 18, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. What is an Assault? An assault is legally defined as an offensive contact. (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. Acts 2005, 79th Leg., Ch. (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. APPLICABILITY TO CERTAIN CONDUCT. The law defines "family violence" under the Family Code as assault towards a member of the family (by blood) or household. 900, Sec. Current as of April 14, 2021 | Updated by FindLaw Staff. 155, Sec. 819, Sec. 21.01. (2) not attended by an individual in the vehicle who is 14 years of age or older. Criminal bodily harm includes injuries sustained by a . 1, eff. 903, Sec. (c) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. TEXAS PENAL CODE Offense Punishment ex. 184), Sec. (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 719 (H.B. OFFENSES AGAINST THE PERSON CHAPTER 22. Acts 2007, 80th Leg., R.S., Ch. (3) "Security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. 1, eff. by Section 71.0021(b), 71.003, or 71.005, Family Code; or. increasing citizen access. 593 (H.B. 1019, Sec. AIDING SUICIDE. Class A misdemeanor "Bodily injury" means physical pain, illness, or any impairment of physical condition - Texas Penal Code 1.07(8); Assault Family Violence Class A Misdemeanor Conduct caused bodily injury Conduct against someone defined by Texas Family Code Assuming no enhancements apply Up to $4,000 fine; up to 365 days in county jail; or up to 2 years of probation Felony Domestic Violence Charges in Texas Assault Family Violence Impede Breath or Circulation Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. 16, Sec. 8.139, eff. (3) 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. we provide special support 6, eff. 2, eff. Acts 2021, 87th Leg., R.S., Ch. 1306), Sec. Deliberately threatening another person with imminent physical harm "Intentionally, knowingly, or recklessly" causing physical harm or injury to another person Using physical contact on a person that is knowingly offensive or provocative Sept. 1, 1981; Acts 1989, 71st Leg., ch. 22.04. 14, Sec. Section 22.01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sec. Sec. 896, Sec. when it is a prohibited person of marriage. 1, eff. 1.01, eff. 1101, Sec. 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. 728 (H.B. 399, Sec. 399, Sec. 01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. 22.10. discharging an official duty, or in retaliation or on account of an exercise of official Sept. 1, 2003. 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. 1, eff. (a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual: (2) serious mental deficiency, impairment, or injury; or. Amended by Acts 2003, 78th Leg., ch. 495), Sec. (d) The defense provided by Section 22.011(d) applies to this section. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 361 (H.B. 2, eff. September 1, 2015. Amended by Acts 1989, 71st Leg., ch. September 1, 2017. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. (vi) with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim's ability to appraise the nature of the act or to resist the act; (B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or. Added by Acts 1983, 68th Leg., p. 5312, ch. September 1, 2009. September 1, 2019. 1, eff. 2)"use or exhibits a deadly weapon during the commission of the assault". 1029, Sec. 1.01, eff. (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. (2)a conviction under the laws of another state for an offense containing elements 1306), Sec. 1038 (H.B. 399, Sec. Acts 2005, 79th Leg., Ch. Sec. Acts 2007, 80th Leg., R.S., Ch. Sec. 8), Sec. (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. The definition of assault is broad. 1.01, eff. 3, eff. Penal Code Title 5 Texas Penal Code Sec. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. Read the code on findlaw explore resources for. (e) An offense under Subsection (b) is a felony of the second degree if the actor abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment. or provocative. (b) An offense under this section is a felony of the third degree. (2)Repealed by Acts 2005, 79th Leg., ch. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (b) An offense under this section is a felony of the second degree . Acts 2005, 79th Leg., Ch. 530, Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony. to provide the service; or. is a felony of the third degree if the offense is committed against: (1)a person the actor knows is a public servant while the public servant is lawfully While Class C misdemeanors don't require jail time, these charges still come with a hefty fine. Amended by Acts 1985, 69th Leg., ch. 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. 739, Sec. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. 3607), Sec. 1 to 3, eff. 878, Sec. (7)a person the actor knows is pregnant at the time of the offense. (c)An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that of the contract, if the actor knows the person or employee is authorized by government 553, Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; (2)it is shown on the trial of the offense that the defendant has been previously 1286, Sec. 27.01, eff. normal breathing or circulation of the blood of the person by applying pressure to They are the least severe type of misdemeanor. September 1, 2005. September 1, 2005. Oct. 2, 1984. What is the current Texas law about Assault? 284(32), eff. Sec. 1, eff. (l) It is an affirmative defense to prosecution under this section: (1) that the act or omission was based on treatment in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy; (2) for a person charged with an act of omission causing to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that: (A) there is no evidence that, on the date prior to the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and. 2, eff. Added by Acts 1999, 76th Leg., ch. (c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b). (b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01. 1, eff. 27, eff. a service within the scope of the contract. Acts 2017, 85th Leg., R.S., Ch. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. These offenses are the lowest level of misconduct punishable as a crime in texas. (c) The actor is presumed to have known the person assaulted was a public servant or a security officer 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. 685 (H.B. September 1, 2005. Sept. 1, 1997; Acts 1995, 74th Leg., ch. 1038 (H.B. 3, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Class C Assault is described in Section 22.01 (a) (2) and (3) of the Texas Penal Code as follows: [1] (a) A person commits an offense if the person: (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or 22.041. (B)a person who contracts with the state to perform a service in a civil commitment 164), Sec. 284(23) to (26), eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 1 (S.B. Acts 2017, 85th Leg., R.S., Ch. the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including Acts 2005, 79th 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 commitment facility; or, (ii) in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or. 11, eff. September 1, 2019. Through social Acts 1973, 63rd Leg., p. 883, ch. (f) The minimum term of imprisonment for an offense under this section is increased to 25 years if: (1) the victim of the offense is younger than six years of age at the time the offense is committed; or. Assault - last updated April 14, 2021 5, eff. The lowest level of an offense that someone can be charged with is a Class C misdemeanor. 2, eff. 1, eff. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. 1808), Sec. September 1, 2017. (3) "Household" has the meaning assigned by Section 71.005, Family Code. of the second degree if the offense is committed against a person the actor knows 3, eff. Acts 2017, 85th Leg., R.S., Ch. 623 (H.B. Felony Penalties (a) In this section, "abandon" means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability. (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. Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . (3) "Disabled individual" means a person: (i) autism spectrum disorder, as defined by Section 1355.001, Insurance Code; (ii) developmental disability, as defined by Section 112.042, Human Resources Code; (iii) intellectual disability, as defined by Section 591.003, Health and Safety Code; (iv) severe emotional disturbance, as defined by Section 261.001, Family Code; (v) traumatic brain injury, as defined by Section 92.001, Health and Safety Code; or, (vi) mental illness, as defined by Section 571.003, Health and Safety Code; or. 2, eff. 2, eff. 900, 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. 1019, Sec. 1808), Sec. 858 (H.B. 2066), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (d) In this section, "correctional or detention facility" means: (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 Department or any other facility operated by or under contract with that department. (B)in retaliation for or on account of the person's or employee's performance of Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. Sept. 1, 1999. While jail time is not an option, you could still be left on file with a conviction for assault. Texas penal code penal tx penal section 22.01. 584 (S.B. AGGRAVATED ASSAULT. Acts 2021, 87th Leg., R.S., Ch. Evaluating Your Legal Options in Pearland Acts 2015, 84th Leg., R.S., Ch. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing 7, eff. Sept. 1, 1994. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. 688), Sec. 900, Sec. (a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is: (1) younger than seven years of age; and. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. 1, eff. 417, Sec. 688), Sec. (2) "Security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. Sec. Added by Acts 1984, 68th Leg., 2nd C.S., ch. Jan. 1, 1974. Sec. 3019), Sec. 1, eff. 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. (g) It is a defense to prosecution under Subsection (c) that the act or omission enables the child to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. includes an athlete, referee, umpire, linesman, coach, instructor, administrator, Sept. 1, 1994; Acts 1995, 74th Leg., ch. 22.012 Indecent Assault (a) A person commits an offense if, without the other person's consent and with the intent to arouse or gratify the sexual desire of any person, the person: (1) touches the anus, breast, or any part of the genitals of another person; (2) 2, eff. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. Nevertheless, they become Class A or B misdemeanor offenses . Acts 2017, 85th Leg., R.S., Ch. 1, eff. 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 1095), Sec. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. Stay up-to-date with how the law affects your life. 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 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. A person convicted of a misdemeanor in Texas faces the following penalties: for a Class A misdemeanor, up to one year in jail and a $4,000 fine for a Class B misdemeanor, up to 180 days in jail and a $2,000 fine, and for a Class C misdemeanor, up to a $500 fine. Added by Acts 2019, 86th Leg., R.S., Ch. 1, eff. (a) A person commits an offense if the person commits assault as defined in Sec. Acts 2009, 81st Leg., R.S., Ch. 788 (S.B. Assault occurs when a 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) intentionally or knowingly causes physical contact with another when the person knows or An offense under Subsection (c) is a felony of the third degree. 1.01. short title sec. 1, eff. Sec. 1, 2, eff. 557, Sec. (b)An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense September 1, 2021. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 91), Sec. (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. 16.002, eff. 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) Amended by Acts 1979, 66th Leg., p. 1114, ch. 620, Sec. 1, eff. In fact, class C misdemeanors do not require any jail time. (ii)in retaliation for or on account of the person's or employee's performance of 62, Sec. Added by Acts 1983, 68th Leg., p. 5312, ch. (2) is committed against a public servant. (b-3) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if: (1) the offense is 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; (2) it is shown on the trial of the offense that the defendant has been previously 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 by Section 71.0021(b), 71.003, or 71.005, Family Code; and. 1)"Causes serious Bodily INJURY to another, including the person's spouse". . 268 (S.B. 1102, Sec. AGGRAVATED SEXUAL ASSAULT. Acts 2019, 86th Leg., R.S., Ch. 1, eff. (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 2019, 86th 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. 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