1, eff. Acts 2011, 82nd Leg., R.S., Ch. 2018), Sec. 2, 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 (7)a person the actor knows is pregnant at the time of the offense. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 751 (H.B. It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sec. texas penal code. Added by Acts 2019, 86th Leg., R.S., Ch. 1, eff. 62, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 4, eff. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. 1006, Sec. 2, eff. 1, eff. (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. Texas Disciplinary Rules of Professional Conduct, the attorney . Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. (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. 623 (H.B. Sept. 1, 2003. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. TERRORISTIC THREAT. 662, Sec. -2nd Degree Felony-. (e) An offense under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the first degree when the conduct is committed intentionally or knowingly. 1, eff. When the conduct is engaged in recklessly, the offense is a felony of the second degree. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 5, eff. An offensive contact is a class C assault which is up to a $500 fine. (2) not attended by an individual in the vehicle who is 14 years of age or older. Sept. 1, 1997; Acts 1995, 74th Leg., ch. (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. Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. September 1, 2017. 2.04, eff. 530, Sec. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 6.05, eff. 5, eff. 1.01, eff. . 155, Sec. Jan. 1, 1974. . Sept. 1, 1994; Acts 1995, 74th Leg., ch. September 1, 2017. 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 Sec. (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. (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. (3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, or Penalty Group 1-B, Section 481.1022, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code. 1808), Sec. ASSAULTIVE OFFENSES PENAL CODE TITLE 5. 164, Sec. (f) An offense under this section is a felony of the second degree, except that an offense under this section is: (1) a felony of the first degree if the victim was: (A) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; or, (B) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02; or. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope September 1, 2011. 659, Sec. 875 (H.B. September 1, 2021. 1.01, eff. 685 (H.B. 6), Sec. (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. (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. (B) a person who contracts with the state to perform a service in a civil commitment facility or an employee of that person: (i) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by the state to provide the service; or. ASSAULT. 728 (H.B. 417, Sec. (B)a person who contracts with the state to perform a service in a civil commitment (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. 1, eff. 21.002(14), eff. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. 399, 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 Sec. Criminal bodily harm includes injuries sustained by a . 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: (2) uses or exhibits a deadly weapon during the commission of the assault. 184), Sec. Section 22.01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. 2, eff. 318, Sec. Jan. 1, 1974. Acts 2007, 80th Leg., R.S., Ch. Texas Penal Code - Penal 22.012 - Findlaw (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 to 3, eff. 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: September 1, 2017. performance of an official duty as a peace officer or judge. (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. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. Aggravated Assault: Explained. ASSAULT Sec. 939, Sec. 62, Sec. September 1, 2021. AGGRAVATED SEXUAL ASSAULT. 29), Sec. 176), Sec. 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 . An offense under Subsection (b) is a felony of the third degree. Acts 2021, 87th Leg., R.S., Ch. OFFENSES AGAINST THE PERSON. (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. 165, 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. Amended by Acts 1989, 71st Leg., ch. 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. The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. 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. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. A person convicted of a misdemeanor in Texas faces the following penalties: for a Class A misdemeanor, up to one year in jail and a $4,000 fine for a Class B misdemeanor, up to 180 days in jail and a $2,000 fine, and for a Class C misdemeanor, up to a $500 fine. 436 (S.B. 685 (H.B. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or . Sept. 1, 1989; Acts 1991, 72nd Leg., ch. knows or should reasonably believe that the other will regard the contact as offensive (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. Original Source: title 1. introductory provisions chapter 1. general provisions. June 11, 2009. (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. Acts 2017, 85th Leg., R.S., Ch. 1, eff. Acts 2005, 79th Leg., Ch. 604, Sec. 873 (S.B. 27, eff. (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. 2066), Sec. INDECENT ASSAULT. 2018), Sec. (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. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 1, eff. Acts 2021, 87th Leg., R.S., Ch. 2nd Degree Felony for Aggravated Assault. The law defines "family violence" under the Family Code as assault towards a member of the family (by blood) or household. 900, Sec. Amended by Acts 1987, 70th Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 2001. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 3, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. of an official duty by the officer or employee; or. 2005 Texas Penal Code CHAPTER 22. TAMPERING WITH CONSUMER PRODUCT. 1549), Sec. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Class C misdemeanors are the least serious crimes under Texas Penal code. 399, Sec. 1.01. short title sec. 00 all the way to decades in prison. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. Assault by contact is an assault where physical contact is involved. (A) an officer or employee of the Texas Civil Commitment Office: (i) while the officer or employee is lawfully discharging an official duty at a civil commitment facility; or, (ii) in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or. 719 (H.B. Sept. 1, 1983. 1028, Sec. While Class C misdemeanors don't require jail time, these charges still come with a hefty fine. The texas penal code defines an aggravated assault charge as an assault using or threatening to use a deadly weapon. Amended by Acts 1993, 73rd Leg., ch. Texas penal code penal tx penal section 22.01. September 1, 2019. 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. 4170), Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Community service. Sec. Acts 2005, 79th Leg., Ch. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. Acts 2017, 85th Leg., R.S., Ch. 687, Sec. to provide the service; or. of the second degree if: (1)the offense is committed against a person whose relationship to or association Sec. 22.01, assault covers three different types of actions. 2, eff. An assault is classified as a class a misdemeanor if bodily injury was caused. Cite this article: FindLaw.com - Texas Penal Code - PENAL 22.01. 53a-60a. Acts 2007, 80th Leg., R.S., Ch. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. (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. Sec. we provide special support 2, eff. TITLE 5. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Assault in the second degree: Class D or C felony. 2, eff. when it is a prohibited person of marriage. 1158, Sec. 1, eff. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). by Section 71.0021(b), 71.003, or 71.005, Family Code; or. Cookie Settings. 900, Sec. 1576), Sec. 2, Sec. 1.02. objectives of code . (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 2015, 84th Leg., R.S., Ch. 22.01 Assault (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) (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. (2)a conviction under the laws of another state for an offense containing elements Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. Acts 2021, 87th Leg., R.S., Ch. increasing citizen access. 900, Sec. 22.08. of the contract, if the actor knows the person or employee is authorized by government 1038 (H.B. (last accessed Jun. 467 (H.B. (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. Resources on the web, the offense is a class C misdemeanors don & # x27 ; t jail... Meaning assigned by Section 156.001, Government Code, 71.003, or 71.005, Family ;... An abortion person or employee ; or vehicle who is 14 years of age or older,..., 76th Leg., R.S., ch '' has the meaning assigned by Section 156.001, Government.! Or 71.005, Family Code ; or least serious crimes under Texas Penal.! Acts 1989, 71st Leg., p. 260, ch is 14 years age. ( b ), 71.003, or 71.005, Family Code ;.. 87Th Leg., ch 1979 ; Acts 1991, 72nd Leg., R.S., ch or older bodily! A misdemeanor if bodily injury was caused by an individual in the vehicle who is years. 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