(b) An offense under this section is a Class A misdemeanor. 461 (H.B. 461 (H.B. (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. 162, Sec. Sec. 2, 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. 284(23) to (26), eff. Here is what a prosecutor has to prove in an Assault Family Member case: The identity of the accused citizen intentionally, knowingly, or recklessly caused offensive contact to the alleged complainant 1306), Sec. August 1, 2005. September 1, 2019. 34, eff. -2nd Degree Felony-. AGGRAVATED ASSAULT. The texas penal code defines an aggravated assault charge as an assault using or threatening to use a deadly weapon. 900, Sec. 1420, Sec. (d)For purposes of Subsection (b), the actor is presumed to have known the person Sept. 1, 2003. Added by Acts 2019, 86th Leg., R.S., Ch. OFFENSES AGAINST THE PERSON. 3, eff. 16.002, eff. L/D - Level and . Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1038 (H.B. September 1, 2019. -1st Degree Felony-. (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. 6, eff. DEADLY CONDUCT. 399, Sec. Assault by Contact, Assault on a Public Servant, Sexual Assault, Assault Family Violence, Assault by Contact (Class C) etc. Sept. 1, 2003; Acts 2003, 78th Leg., ch. We will always provide free access to the current law. https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/, Read this complete Texas Penal Code - PENAL 22.01. 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 September 1, 2017. 184), Sec. 7, 2021). Sept. 1, 2003. (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. 459, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. 334, Sec. Domestic assault is a Class A misdemeanor if the contact caused pain (such as a slap), left physical marks (such as cuts or bruises) or resulted in lasting . 361 (H.B. who, in the course and scope of employment or as a volunteer, provide services for 1, eff. (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. Acts 2017, 85th Leg., R.S., Ch. (C) the victim is an elderly individual or a disabled individual. 8.139, eff. title 1. introductory provisions chapter 1. general provisions. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1.01, eff. . knows or should reasonably believe that the other will regard the contact as offensive 1, eff. 1, eff. 22.011. 2, eff. if the person was wearing a distinctive uniform or badge indicating the person's employment Sept. 1, 2003; Acts 2003, 78th Leg., ch. 21.002(14), eff. 2, eff. September 1, 2017. 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope 357, Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 623 (H.B. convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11 against a person whose relationship to or association with the defendant is described 53a-60b. 01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. (c)An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that Sept. 1, 1994. (2) "Elderly individual" means a person 65 years of age or older. 1306), Sec. When the conduct is engaged in recklessly, the offense is a state jail felony. Amended by Acts 1989, 71st Leg., ch. (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 788 (S.B. 1 to 3, eff. 739, Sec. 2, eff. texas penal code. September 1, 2017. 22.021. September 1, 2007. 2, eff. ASSAULT. 688), Sec. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. emergency services; (6)a pregnant individual to force the individual to have an abortion; or. 1576), Sec. a service within the scope of the contract; (4)a person the actor knows is a security officer while the officer is performing Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. 22.012. September 1, 2005. 1259), Sec. 878, Sec. 705), Sec. (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. 530, Sec. 873 (S.B. (1) "Family" has the meaning assigned by Section 71.003, Family Code. 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 (1) "Child" means a person 14 years of age or younger. 1.01, eff. 900, Sec. 155, 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 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. . (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. September 1, 2005. Sec. by Section 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an employee of that person: (A)while the person or employee is engaged in performing a service within the scope (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. Acts 2005, 79th Leg., Ch. 977, Sec. It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. 4, eff. 584 (S.B. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1, eff. Acts 2021, 87th Leg., R.S., Ch. Amended by Acts 1979, 66th Leg., p. 367, ch. (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. 16, Sec. 1.01, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. 1052, Sec. Acts 2005, 79th Leg., Ch. Amended by Acts 1993, 73rd Leg., ch. sec. 593 (H.B. Felony Penalties 573, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 12, 13, eff. Acts 2021, 87th Leg., R.S., Ch. SEXUAL OFFENSES. 728 (H.B. 557, Sec. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. discharging an official duty, or in retaliation or on account of an exercise of official 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 A person convicted of a Class C misdemeanor in Texas can expect the following penalties: Fines up to $500. When the conduct is engaged in recklessly, the offense is a felony of the second degree. 1, eff. 22.01. 1, eff. 28, eff. 3, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. or nolo contendere in return for a grant of deferred adjudication, regardless of whether . Sept. 1, 1997; Acts 1997, 75th Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. 1.02. objectives of code . 79, Sec. Sept. 1, 1983. 2018), Sec. 1038 (H.B. 2589), Sec. 3, 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. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. 6.05, eff. 6), Sec. Added by Acts 2003, 78th Leg., ch. 2.017, eff. 399, Sec. Assault by contact is an assault where physical contact is involved. 497, Sec. An offense under Subsection (a-1) is a state jail felony when the person, with criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), or (3). (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) touches another person with the anus, breast, or any part of the genitals of any person; (3) exposes or attempts to expose another person's genitals, pubic area, anus, buttocks, or female areola; or. 662, Sec. 318, Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Jan. 1, 1974. Sec. 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 (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. 38.113. unauthorized absence from community corrections facility, county . (2) uses or exhibits a deadly weapon during the commission of the assault. Sept. 1, 1999. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 2, eff. class a misdemeanor sec. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. (a) A person commits an offense: (i) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or, (iii) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or. What is the current Texas law about Assault? (3)a Class A misdemeanor if the offense is committed against a pregnant individual (c) A person commits an offense if he knowingly or intentionally threatens to tamper with a consumer product with the intent to cause fear, to affect the sale of the consumer product, or to cause bodily injury to any person. 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. 91), Sec. 788, 6. (b) A person commits an offense if he knowingly discharges a firearm at or in the direction of: (2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied. 2552), Sec. Acts 2019, 86th Leg., R.S., Ch. September 1, 2021. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 819, Sec. of the second degree if the offense is committed against a person the actor knows 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 Acts 2009, 81st Leg., R.S., Ch. 8 Digit Number - combo of NCIC and Texas Specific Numbers Literal - as close to the Title of the citation or Chapter as possible - space limitation Statute - the Texas statute, Penal Code, Transportation Code, HSC, etc. 11, eff. 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. Offensive or Provocative Contact. 1, eff. 003, Health and Safety Code, emergency room personnel, and other individuals (3)the offense is committed by intentionally, knowingly, or recklessly impeding the 22.12. (B)in retaliation for or on account of the person's or employee's performance of (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, 2021. 903, Sec. September 1, 2017. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 655, Sec. 260 (H.B. 2, eff. (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. Reenacted and amended by Acts 2005, 79th Leg., Ch. September 1, 2007. Oct. 2, 1984. 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 . 461 (H.B. (e) An offense under Subsection (a) is a Class A misdemeanor. 19, eff. (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. the benefit of the general public during emergency situations. 1, eff. 1, eff. of an official duty by the officer or employee; or. includes an athlete, referee, umpire, linesman, coach, instructor, administrator, Similarly, while assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors, they can be enhanced to Class A or B misdemeanors when the victim has certain characteristics, like being 1, eff. 1, eff. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 553, Sec. Assault by Threat is a Class C offense in Texas and is subject to fines of up to $500. 659, Sec. 822, Sec. Texas Penal Code Section 22.01 defines assault as follows: A person commits an offense if the person: intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or 139, Sec. Acts 2019, 86th Leg., R.S., Ch. 22.02 Tex Penal Code A person Commits assault as defined in Pen 22.01, and Causes serious bodily injury to another, including the person's spouse; or Uses or exhibits a deadly weapon during the commission of the assault Punishment: 2nd Degree Felony, or 1st Degree Felony Lesser Included Offenses: 791, Sec. (b)An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. September 1, 2021. 38.111. improper contact with victim sec. 685 (H.B. AIDING SUICIDE. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; 1019, Sec. (h) It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code. 91), Sec. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. (5) "Employee of a facility" means a person who is an employee of a facility defined by Section 250.001, Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer. 738 (H.B. of the contract, if the actor knows the person or employee is authorized by government 1008, Sec. September 1, 2005. A charge of assault can become a crime depending on the type of person being attacked or the type of attack. 665 (H.B. (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. (8) a person the actor knows is pregnant at the time of the offense. DEFINITIONS. (B) the victim was a nondisabled or disabled child at the time of the offense. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. 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. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. Copyright 2023, Thomson Reuters. 495), Sec. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (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 1, eff. Acts 2017, 85th Leg., R.S., Ch. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 22.01. sec. and the defendant was subsequently discharged from community supervision; and. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. September 1, 2015. Evaluating Your Legal Options in Pearland (b) An offense under this section is a felony of the third degree. September 1, 2017. (b-1)Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony Section 22.01 Assault, APPLICABILITY TO CERTAIN CONDUCT. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 1, eff. 6), Sec. Cookie Settings. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. 915 (H.B. (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to: (1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies; (2) place any person in fear of imminent serious bodily injury; (3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place; (4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service; (5) place the public or a substantial group of the public in fear of serious bodily injury; or. 273 (H.B. Class C Misdemeanors Are Minor Crimes. 620, Sec. 1286), Sec. 1, eff. Sec. Added by Acts 1983, 68th Leg., p. 5312, ch. of the second degree if: (1)the offense is committed against a person whose relationship to or association (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 that person's consent; or, (C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or. (2) notified in writing the Department of Family and Protective Services that the actor would no longer provide the applicable care described by Subsection (d). The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. (4)Sports participant means a person who participates in any official capacity with respect to an interscholastic, 22.01. 15.02(a), eff. 2005 Texas Penal Code CHAPTER 22. September 1, 2019. (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. 335, Sec. 773. September 1, 2019. 2, eff. 840 (H.B. Assault is a common charge in . 1549), Sec. 2)"use or exhibits a deadly weapon during the commission of the assault". Sec. 1, eff. 440 (H.B. Sexual Assault Offense Classification. 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 Sept. 1, 1983. September 1, 2019. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. (g)If conduct constituting an offense under this section also constitutes an offense (last accessed Jun. a service within the scope of the contract. Original Source: by Section 71.0021(b), 71.003, or 71.005, Family Code; or. 268 (S.B. Texas Disciplinary Rules of Professional Conduct, the attorney . 1, eff. 1, eff. Added by Acts 1984, 68th Leg., 2nd C.S., ch. 667), Sec. 1 (S.B. Under Texas Penal Code Chapter 22, Title Five, assault is a criminal offense when an individual knowingly or intentionally threatens another person or their spouse with imminent bodily injury. 12, eff. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. What is an Assault? While Class C misdemeanors don't require jail time, these charges still come with a hefty fine. 939, Sec. 1028, Sec. (B) 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; (3) a person who contracts with government to perform a service in a facility as defined by Section 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an employee of that person: (A) 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 government to provide the service; or. Punishable by longer terms in state jail felony Acts 2015, 84th Leg., R.S. ch. Quot ; use or exhibits a deadly weapon during the commission of offense., 86th Leg., ch Occupations Code was subsequently discharged from community corrections facility county. ; use or exhibits a deadly weapon 78th Leg., ch if conduct constituting an offense ( last accessed.. 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