1, eff. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. September 1, 2019. (c-1) Notwithstanding Subsection (c)(2), an offense under Subsection (a)(2) is a state jail felony if the offense is committed against a person the actor knows is a peace officer or judge. Continuous Violence Against the Family is a Third-Degree Felony. (3) "Household" has the meaning assigned by Section 71.005, Family Code. to provide the service; or. Sept. 1, 1994; Acts 2003, 78th Leg., ch. Jan. 1, 1974. -or-. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. 53a-60b. 440 (H.B. (a) A person commits an offense if the person commits assault as defined in Sec. 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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Amended by Acts 1979, 66th Leg., p. 367, ch. (3)intentionally or knowingly causes physical contact with another when the person 1420, Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. September 1, 2005. September 1, 2015. 902), Sec. 1576), Sec. 896, Sec. 53a-60. 22.012. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Domestic assault is a Class C misdemeanor if the victim suffered no physical pain or lasting harm. Sept. 1, 1994. 1286), Sec. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. Jan. 1, 1974. September 1, 2021. Sec. Penal Code Title 5 Texas Penal Code Sec. 366, Sec. 91), Sec. 361 (H.B. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Original Source: 22.09. 1306), Sec. 223, Sec. 4.02, eff. 461 (H.B. Next . 436 (S.B. Acts 2021, 87th Leg., R.S., Ch. (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: (1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to 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) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed: (A) by a public servant acting under color of the servant's office or employment; (B) against 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; (C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; (D) against a person the actor knows is a process server while the person is performing a duty as a process server; or, (E) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or. Acts 2009, 81st Leg., R.S., Ch. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. 900, Sec. Added by Acts 2019, 86th Leg., R.S., Ch. 184), Sec. 1, eff. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. (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. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. 1, eff. 1019, Sec. under another section of this code, the actor may be prosecuted under either section Sept. 1, 2003. September 1, 2021. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. 22.01. September 1, 2017. September 1, 2005. 1286), Sec. (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. 1, eff. (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. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1.01, eff. Sept. 1, 1994. (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. Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . 91), Sec. Cite this article: FindLaw.com - Texas Penal Code - PENAL 22.01. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). Texas penal code penal tx penal section 22.01. Offensive or Provocative Contact. 1, 2, eff. 1, eff. Sept. 1, 1999. title 1. introductory provisions chapter 1. general provisions. 1, eff. the offense is: (1)a Class A misdemeanor if the offense is committed under Subsection (a)(3) against Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. 643), Sec. if the person was wearing a distinctive uniform or badge indicating the person's employment Sec. 900, Sec. September 1, 2009. When the conduct is engaged in recklessly, the offense is a state jail felony. 164, Sec. Added by Acts 1985, 69th Leg., ch. (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. 809, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 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 784 (H.B. (B) the victim was a nondisabled or disabled child at the time of the offense. TERRORISTIC THREAT. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 2003. (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. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 33, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. | https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/. The texas penal code defines an aggravated assault charge as an assault using or threatening to use a deadly weapon. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 5, eff. Sec. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. 21.002(14), eff. 3019), Sec. 164, Sec. 1, eff. is a conviction of the offense listed. 903, Sec. 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 September 1, 2009. 1.125(a), eff. (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. 751 (H.B. If simple assault only involves threats of injury or offensive contact, then the offense is a Class C misdemeanor, punishable by a maximum fine of $500. 62, Sec. 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. Sec. TAMPERING WITH CONSUMER PRODUCT. Sept. 1, 1999. 1, eff. (e) An offense under Subsection (a) is a Class A misdemeanor. (c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if: (1) the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance methamphetamine in the presence of the child; (2) the person's conduct related to the proximity or accessibility of the controlled substance methamphetamine to the child and an analysis of a specimen of the child's blood, urine, or other bodily substance indicates the presence of methamphetamine in the child's body; or. Sept. 1, 2001. 1415, Sec. 6, eff. Jan. 1, 1974. . There is no bail bond amount in this case, and the defendant is released to appear for a court date. (c) An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense: (1) is committed against a member of the person's family or household or otherwise constitutes family violence; or. CHAPTER 21. 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 22.021. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Penal Code 12.22] Confinement in jail for a te rm not to exceed 180 days Fine not to exceed $2,000 977, Sec. 2018), Sec. of the second degree if the offense is committed against a person the actor knows 1, eff. The punishment according to Sec. September 1, 2017. normal breathing or circulation of the blood of the person by applying pressure to 1029, Sec. as a public servant or status as a security officer or emergency services personnel. Acts 2005, 79th Leg., Ch. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or . 1.01, eff. 3, eff. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. Copyright 2023, Thomson Reuters. 427 (H.B. 4, eff. 728 (H.B. 6, eff. 139, Sec. 3, eff. 11, eff. 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. 788 (S.B. 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 (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. texas penal code. Current as of April 14, 2021 | Updated by FindLaw Staff. 768), Sec. 1019, Sec. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. 687, Sec. Acts 2007, 80th Leg., R.S., Ch. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (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. September 1, 2019. Sexual Assault Offense Classification. September 1, 2021. 1038 (H.B. September 1, 2017. Assault by contact is an assault where physical contact is involved. 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. 1354), Sec. 495), Sec. 12.23. class c misdemeanor . (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. and the defendant was subsequently discharged from community supervision; and. (2) "Spouse" means a person who is legally married to another. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 399, Sec. Acts 2017, 85th Leg., R.S., Ch. 446, Sec. 1259), Sec. Acts 2007, 80th Leg., R.S., Ch. 417, Sec. 819, Sec. 6, eff. Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; Community service. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Sec. . Texas Disciplinary Rules of Professional Conduct, the attorney . Search by Keyword or Citation. 1, eff. Sec. 76, Sec. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the An assault is classified as a class a misdemeanor if bodily injury was caused. 2, eff. Aggravated Assault: Explained. It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. 29), Sec. Acts 2005, 79th Leg., Ch. 2908), Sec. 2.04, eff. Class C misdemeanors are a type of crime in Texas. Texas Penal Code . 25.11 (Continuous Violence Against the Family), 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). sec. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly causes bodily injury to another, including (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 155, Sec. Sec. 5, eff. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. September 1, 2007. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 977, Sec. 165, Sec. Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. capacity as a sports participant; or, (B)in retaliation for or on account of the participant's performance of a duty or Acts 2019, 86th Leg., R.S., Ch. (b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm. Sec. ASSAULT. Acts 2009, 81st Leg., R.S., Ch. 3, eff. OFFENSES AGAINST THE PERSON CHAPTER 22. 1, eff. ABANDONING OR ENDANGERING CHILD. (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. 14, Sec. (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. Acts 2019, 86th Leg., R.S., Ch. 2)"use or exhibits a deadly weapon during the commission of the assault". September 1, 2019. 7, eff. 8.139, eff. 4170), Sec. 1, eff. 900, Sec. 176), Sec. Acts 2017, 85th Leg., R.S., Ch. 1.01, eff. 4, eff. Acts 2021, 87th Leg., R.S., Ch. ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. 773. September 1, 2007. 739, Sec. Sec. 2240), Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 8), Sec. September 1, 2019. 22.10. 2, eff. 620, Sec. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. 949 (H.B. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1983; Acts 1987, 70th Leg., ch. assaulted was a public servant, a security officer, or emergency services personnel Acts 2015, 84th Leg., R.S., Ch. Felony Penalties 1, 2, eff. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. Acts 2017, 85th Leg., R.S., Ch. (C) in discharging the firearm, causes serious bodily injury to any person. 91), Sec. Texas Misdemeanor Crimes Class C Misdemeanors in Texas. Assault is a common charge in . 6.05, eff. Sept. 1, 1983. 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 (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. AGGRAVATED ASSAULT. 29, eff. 399, Sec. 593 (H.B. 1.01, eff. September 1, 2017. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 7, eff. 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