Sept. 1, 2003; Acts 2003, 78th Leg., ch. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or . (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 Sept. 1, 2001; Acts 2003, 78th Leg., ch. 584 (S.B. 366, Sec. We will always provide free access to the current law. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (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. 900, Sec. Assault by Contact, Assault on a Public Servant, Sexual Assault, Assault Family Violence, Assault by Contact (Class C) etc. 1.01, eff. September 1, 2017. 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 Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Aggravated Assault: Explained. Often, verbal threats are made in response to a challenging or tense situation, and the person making them may not mean what they say. Acts 2017, 85th Leg., R.S., Ch. September 1, 2007. 176), Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 461 (H.B. 495), Sec. 399, Sec. September 1, 2021. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. 14.829, eff. . Acts 2017, 85th Leg., R.S., Ch. August 1, 2005. Acts 2009, 81st Leg., R.S., Ch. 38.111. improper contact with victim sec. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 22.05. (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. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 1415, Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. 14, 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 977, Sec. An offense under this section is a Class C misdemeanor. Class C misdemeanors are a type of crime in Texas. 155, Sec. -or-. 1, eff. 1.01. short title sec. (3) "Disabled individual" means a person older than 13 years of age who 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. to force the individual to have an abortion. the person's spouse; or. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1999. Sept. 1, 1997; Acts 1999, 76th Leg., ch. According to Texas Penal Code 22.01, you could be arrested for the crime of simple assault if you intentionally, knowingly or recklessly cause bodily injury to another person, threaten another person with imminent bodily harm or cause physical contact with another person that you know is provocative or offensive. 18, eff. Criminal bodily harm includes injuries sustained by a . (d) The defense provided by Section 22.011(d) applies to this section. Penal Code Title 5 Texas Penal Code Sec. 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. https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/, Read this complete Texas Penal Code - PENAL 22.01. 4170), Sec. September 1, 2005. the person's throat or neck or by blocking the person's nose or mouth. Acts 2005, 79th Leg., Ch. 194), Sec. September 1, 2021. 734 (H.B. (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. 3, eff. 900, Sec. 1, eff. 335, Sec. Acts 1973, 63rd Leg., p. 883, ch. Search by Keyword or Citation. (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. 719 (H.B. These cases are quite complex and benefit from the expertise of a criminal defense attorney. L/D - Level and . 2, eff. September 1, 2005. (g) 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 or both sections. September 1, 2009. (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 . 1)"Causes serious Bodily INJURY to another, including the person's spouse". Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. 53a-60b. (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. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. 1306), Sec. 1038 (H.B. Sept. 1, 1994; Acts 1995, 74th 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). 1028, Sec. 1, eff. 1808), Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. AGGRAVATED ASSAULT. AGGRAVATED SEXUAL ASSAULT. September 1, 2009. (d)For purposes of Subsection (b), the actor is presumed to have known the person 751 (H.B. 24, eff. 1, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. 788 (S.B. 946), Sec. 788 (S.B. (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. ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. power or performance of an official duty as a public servant; (2)a person whose relationship to or association with the defendant is described (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. 4.02, eff. of the second degree if the offense is committed against a person the actor knows 1, eff. and the defendant was subsequently discharged from community supervision; and. (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 2011, 82nd Leg., R.S., Ch. 91), Sec. 1, eff. 399, Sec. 1019, Sec. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1987; Acts 1989, 71st Leg., ch. (b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense 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 discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; (2) 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: (A) 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, 21.11, or 25.11 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; or. (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. 1, eff. (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. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (f) An offense under Subsection (a)(3) or (a-1)(3) is a felony of the third degree when the conduct is committed intentionally or knowingly, except that an offense under Subsection (a)(3) is a felony of the second degree when the conduct is committed intentionally or knowingly and the victim is a disabled individual residing in a center, as defined by Section 555.001, Health and Safety Code, or in a facility licensed under Chapter 252, Health and Safety Code, and the actor is an employee of the center or facility whose employment involved providing direct care for the victim. a service within the scope of the contract. the offense is: (1)a Class A misdemeanor if the offense is committed under Subsection (a)(3) against (3)intentionally or knowingly causes physical contact with another when the person 2, eff. Class A misdemeanor "Bodily injury" means physical pain, illness, or any impairment of physical condition - Texas Penal Code 1.07(8); 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 (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. 1, eff. Added by Acts 1985, 69th Leg., ch. 29, eff. 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. What is an Assault? 21.002(14), eff. 2018), Sec. September 1, 2021. Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; What is the current Texas law about Assault? 273, Sec. 840 (H.B. (last accessed Jun. 1, eff. Acts 2009, 81st Leg., R.S., Ch. 728 (H.B. An assault is legally defined as an offensive contact. 977, Sec. Acts 2005, 79th Leg., Ch. LEAVING A CHILD IN A VEHICLE. September 1, 2019. 29), Sec. 260 (H.B. September 1, 2017. September 1, 2015. 1, eff. 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 (e) An offense under Subsection (a) is a Class A misdemeanor. Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. Amended by Acts 1989, 71st Leg., ch. 318, Sec. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. Added by Acts 1984, 68th Leg., 2nd C.S., ch. 1158, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1, eff. intercollegiate, or other organized amateur or professional athletic competition and 3607), Sec. The degree and severity of Texas assault charges depend on the offender's mental state, the extent of the injury, and certain characteristics of the alleged . Sept. 1, 1994; Acts 2003, 78th Leg., ch. Search Texas Statutes. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (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. 7, eff. SEXUAL OFFENSES. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1, eff. -1st Degree Felony-. (e) It is an affirmative defense to prosecution under Subsection (a)(2): (1) that the actor was the spouse of the child at the time of the offense; or. 76, Sec. Community service. 10, eff. ABANDONING OR ENDANGERING CHILD. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (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. 142, eff. (B)a person who contracts with the state to perform a service in a civil commitment (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. 446, Sec. 2066), Sec. Jan. 1, 1974. 1.01, eff. Amended by Acts 1979, 66th Leg., p. 367, ch. 809, Sec. September 1, 2007. (2) is committed against a public servant. September 1, 2015. (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. Sec. 318, Sec. 440 (H.B. 165, Sec. 788, 6. 22.12. 2)"use or exhibits a deadly weapon during the commission of the assault". Sept. 1, 1991; Acts 1993, 73rd Leg., ch. | https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/. 530, Sec. (2)Repealed by Acts 2005, 79th Leg., ch. 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 Sept. 1, 1999. (b) An offense under this section is a Class C misdemeanor. 29), Sec. September 1, 2021. September 1, 2017. indecent assault, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Chapter 7A, Code . 334, 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. 481, Sec. 1019, Sec. (B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; (4) a person the actor knows is a security officer while the officer is performing a duty as a security officer; (5) a person the actor knows is emergency services personnel while the person is providing emergency services; (6) a person the actor knows is a process server while the person is performing a duty as a process server; (7) a pregnant individual to force the individual to have an abortion; or. Acts 2021, 87th Leg., R.S., Ch. 1, eff. class a misdemeanor sec. Acts 2017, 85th Leg., R.S., Ch. commitment facility; or, (ii)in retaliation for or on account of an exercise of official power or performance Assault by contact is an assault where physical contact is involved. 7, 2021). when it is a prohibited person of marriage. Over time, the Texas Legislature passes more laws and recently, there has been the passage of a new domestic assault family violence statute (Texas Penal Code 2.01(b)(2),22.01(b)(2)(b)) involving choking or attempting to strangle another person as identified in Texas Penal Code Sections 71.0021(b), 71.003, or 71.005: The law defines "family violence" under the Family Code as assault towards a member of the family (by blood) or household. 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 573, Sec. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1102, Sec. Sept. 1, 1994. 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 1006, Sec. 27, eff. September 1, 2017. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. It is also important to note that after being convicted of domestic violence, all subsequent convictions could be enhanced. 436 (S.B. 12, 13, eff. 2, eff. (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). Sec. 915 (H.B. While Class C misdemeanors don't require jail time, these charges still come with a hefty fine. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. 38.113. unauthorized absence from community corrections facility, county . committed against a person whose relationship to or association with the defendant In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. 202, Sec. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 2003. (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. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. September 1, 2007. Added by Acts 1983, 68th Leg., p. 5312, ch. OFFENSES AGAINST THE PERSON. by Section 71.0021(b), 71.003, or 71.005, Family Code; or. 2018), Sec. emergency services; (6)a pregnant individual to force the individual to have an abortion; or. 1 (S.B. 900, Sec. (B)the offense is committed by intentionally, knowingly, or recklessly impeding the Sept. 1, 1994; Acts 1997, 75th Leg., ch. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1420, Sec. An offense under Subsection (c) is a felony of the third degree. that are substantially similar to the elements of an offense listed in those subsections Amended by Acts 1977, 65th Leg., p. 2067, ch. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. September 1, 2019. Acts 2005, 79th Leg., Ch. How Texas Penal Code Ch 22.01 Defines Assault. Acts 2005, 79th Leg., Ch. (c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment. 22.08. . Current as of April 14, 2021 | Updated by FindLaw Staff. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. Class a assault texas penal code. Feb. 1, 2004. September 1, 2019. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. (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. September 1, 2019. ASSAULT. 165, Sec. Texas Disciplinary Rules of Professional Conduct, the attorney . Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 388, Sec. Reenacted and amended by Acts 2005, 79th Leg., Ch. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. Amended by Acts 1987, 70th Leg., ch. Jan. 1, 1974. 873 (S.B. 1, 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. 1, eff. April 14, 1987; Acts 1987, 70th Leg., ch. who, in the course and scope of employment or as a volunteer, provide services for (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. 7, eff. 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. (b-2) Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony of the second degree if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a peace officer or judge. or both sections. Sept. 1, 1995; Acts 1997, 75th Leg., ch. The definition of assault is broad. Jan. 1, 1974. 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 22.021. 12.23. class c misdemeanor . 1038 (H.B. 1.01, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Sec. 27.01, 31.01(68), eff. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 1259), Sec. 900, Sec. 22.012. The current Texas law defines the offense of Assault in Penal Code Section 22.01 as follows: [1] (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; Continuous Violence Against the Family is a Third-Degree Felony. (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. For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), or (3), the actor acting during the actor's capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, or medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility. 1576), Sec. 440 (H.B. 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 22.10. When the conduct is engaged in recklessly, the offense is a felony of the second degree. Amended by Acts 2003, 78th Leg., ch. OFFENSES AGAINST THE PERSON CHAPTER 22. knows or should reasonably believe that the other will regard the contact as offensive The punishment according to Sec. 819, Sec. 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