(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. (3) "Health care services provider" means: (A) a physician licensed under Subtitle B, Title 3, Occupations Code; (B) a chiropractor licensed under Chapter 201, Occupations Code; (C) a physical therapist licensed under Chapter 453, Occupations Code; (D) a physician assistant licensed under Chapter 204, Occupations Code; or. (last accessed Jun. 18, Sec. (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. 436 (S.B. SEXUAL OFFENSES. April 14, 1987; Acts 1987, 70th Leg., ch. It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. (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. 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 27, eff. 2, eff. 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. 6), Sec. Texas Penal Code - PENAL 22.012. (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. 1, eff. Acts 2017, 85th Leg., R.S., Ch. 5, eff. 939, Sec. 399, Sec. Sept. 1, 1983; Acts 1987, 70th Leg., ch. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. September 1, 2021. (2) uses or exhibits a deadly weapon during the commission of the assault. 1, eff. 481, 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 . Acts 2011, 82nd Leg., R.S., Ch. 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. Sept. 1, 1983; Acts 1985, 69th 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. 2018), Sec. 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 Jan. 1, 1974. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 10, eff. 1, eff. 1, eff. of the second degree if: (1)the offense is committed against a person whose relationship to or association https://texas.public.law/statutes/tex._penal_code_section_22.01. 91), Sec. 2, eff. by Section 71.0021(b), 71.003, or 71.005, Family Code; and. 357, Sec. 2.08, eff. 22.012. Acts 2017, 85th Leg., R.S., Ch. 33, eff. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. Acts 2017, 85th Leg., R.S., Ch. Often, verbal threats are made in response to a challenging or tense situation, and the person making them may not mean what they say. September 1, 2017. (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. 1, eff. 2589), Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. September 1, 2021. 318, Sec. 334, Sec. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. Current as of April 14, 2021 | Updated by FindLaw Staff. 62, Sec. Added by Acts 2003, 78th Leg., ch. Reenacted and amended by Acts 2005, 79th Leg., Ch. (2)Repealed by Acts 2005, 79th Leg., ch. Assault by Contact According to Section 22.01 of Texas Penal Code, a person commits misdemeanor assault in Texas if he or she: intentionally, knowingly or recklessly causes bodily injury to another including their spouse (ABI and ABI-FM); intentionally or knowingly threatens another with imminent bodily injury (Assault by Threat); or (1) "Child" means a person younger than 17 years of age. 662, Sec. power or performance of an official duty as a public servant; (2)a person whose relationship to or association with the defendant is described 1, eff. 399, 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. 949 (H.B. (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. September 1, 2019. (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. Added by Acts 2019, 86th Leg., R.S., Ch. 29), Sec. 4170), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sec. sec. 00 all the way to decades in prison. 164), Sec. 3, eff. (c)An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that 875 (H.B. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. September 1, 2009. the person's spouse; or. You'll have to pay up to $500 if you're charged with Class C assault in Texas. The criminal charge of "assault" can mean so many different things in a Texas court, ranging from a credible threat of committing violence to another person to actually inflicting serious bodily injury. Acts 2021, 87th Leg., R.S., Ch. (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. Sec. 4, eff. Sec. 1415, 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. 1 to 3, eff. (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. 223, Sec. 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 (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. https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/, Read this complete Texas Penal Code - PENAL 22.01. 903, Sec. 728 (H.B. (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. Oct. 2, 1984. 2.017, eff. (14) the actor is a caregiver hired to assist the other person with activities of daily life and causes the other person to submit or participate by exploiting the other person's dependency on the actor. (b-1)Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony ASSAULTIVE OFFENSES 22.01. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1006, Sec. (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. September 1, 2017. 1101, Sec. Class C misdemeanors are a type of crime in Texas. 1576), Sec. 896, Sec. DEFINITIONS. September 1, 2019. Acts 2007, 80th Leg., R.S., Ch. 2, Sec. Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; 623 (H.B. 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 . 2066), Sec. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the 164, Sec. Acts 1973, 63rd Leg., p. 883, ch. (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). (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. OFFENSES AGAINST THE PERSON CHAPTER 22. 788 (S.B. -or-. An assault is legally defined as an offensive contact. 184), Sec. 260 (H.B. 24), Sec. 1, eff. 29), Sec. Public intoxication (Penal Code 49.02), Assault by contact (Penal Code 22.01(a)(3)), Theft of less than $100 (Penal Code 31.03), 1576), Sec. 1549), Sec. Acts 2021, 87th Leg., R.S., Ch. 53a-60. 1, eff. (d) An offense under Subsection (b) is a felony of the second degree unless a person suffers serious bodily injury, in which event it is a felony of the first degree. Acts 2009, 81st Leg., R.S., Ch. Penal Code 12.21] Class A Misdemeanor [T Confinement in jail for a te rm not to exceed one year Fine not to exceed $4,000 Both such fine and confinement Class B Misdemeanor [Tex. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. . 1.01, eff. . Penal Code 12.22] Confinement in jail for a te rm not to exceed 180 days Fine not to exceed $2,000 (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. the person's throat or neck or by blocking the person's nose or mouth. 900, Sec. (ii)in retaliation for or on account of the person's or employee's performance of (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. (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. 773. Sec. Acts 2005, 79th Leg., Ch. 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. 719 (H.B. (8) a person the actor knows is pregnant at the time of the offense. (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. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. 1102, Sec. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 784 (H.B. 1.01, eff. Jan. 1, 1974. . normal breathing or circulation of the blood of the person by applying pressure to (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. 573, Sec. 1, eff. Sept. 1, 2003. as a public servant or status as a security officer or emergency services personnel. Amended by Acts 1979, 66th Leg., p. 1114, ch. 728 (H.B. Felony Penalties 6, eff. committed against a person whose relationship to or association with the defendant to provide the service; or. 1.01. short title sec. 549), Sec. 21.001(39), eff. Sept. 1, 1999. 620 (S.B. Sept. 1, 2003. title 1. introductory provisions chapter 1. general provisions. 3, eff. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. (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). sec. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. September 1, 2007. 7, eff. August 1, 2005. Class a assault texas penal code. 1, eff. (c) Section 25.07(a), Penal Code, is amended to read as follows: (a) A person commits an offense if, in violation of a . 1, eff. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. (2) "Tamper" means to alter or add a foreign substance to a consumer product to make it probable that the consumer product will cause serious bodily injury. intercollegiate, or other organized amateur or professional athletic competition and An offensive contact is a class C assault which is up to a $500 fine. 1.01, eff. (3)intentionally or knowingly causes physical contact with another when the person 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 22.01. Unless. September 1, 2019. (1) "Family" has the meaning assigned by Section 71.003, Family Code. 1.18, eff. 1, eff. Class C Misdemeanors Are Minor Crimes. 543 (H.B. CHAPTER 21. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 2552), Sec. (C) in discharging the firearm, causes serious bodily injury to any person. 1158, Sec. September 1, 2021. 1286), Sec. Sec. 1, eff. 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 . September 1, 2021. 18, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. to provide the service; or. This chapter does not apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is: (1) committed by the mother of the unborn child; (2) a lawful medical procedure performed by a physician or other health care provider with the requisite consent; (3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code; or. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. Texas Disciplinary Rules of Professional Conduct, the attorney . (B)the offense is committed by intentionally, knowingly, or recklessly impeding the 2018), Sec. September 1, 2009. Acts 2019, 86th Leg., R.S., 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 1)"Causes serious Bodily INJURY to another, including the person's spouse". 878, Sec. (B) the victim was a nondisabled or disabled child at the time of the offense. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 Assault by Contact, Assault on a Public Servant, Sexual Assault, Assault Family Violence, Assault by Contact (Class C) etc. and the defendant was subsequently discharged from community supervision; and. by Section 71.0021(b), 71.003, or 71.005, Family Code; or. (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. texas penal code. The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. In Texas, assault and battery are found in 22.01 of the Penal Code and are combined into a single offense called " Assault ." A person commits an assault if the person: intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; Feb. 1, 2004. (2) is committed against a public servant. 1701.404, Occupations Code pride ourselves on being the number one source of free legal information resources. The number one source of free legal information and resources on the web,. 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