2005 Texas Penal Code CHAPTER 22. 904, Sec. 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. (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. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. 12.23 of the Texas Criminal Penal Code states, "An individual convicted of a Class C misdemeanor shall be punished by a fine not to exceed $500". 5, eff. 946), Sec. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. Copyright 2023, Thomson Reuters. 273, Sec. September 1, 2017. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or . 53a-60. includes an athlete, referee, umpire, linesman, coach, instructor, administrator, September 1, 2017. 28, eff. Added by Acts 1983, 68th Leg., p. 5312, 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. 1.01, eff. 16, 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. (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. under another section of this code, the actor may be prosecuted under either section Community service. In Texas, an aggravated assault is a second degree felony with punishments including 2 to 20 years in prison and a fine of up to $10,000. 2589), Sec. 977, Sec. 12.22. class b misdemeanor sec. 1, eff. 7, 2021). Acts 2009, 81st Leg., R.S., Ch. DEFINITIONS. (d) The defense provided by Section 22.011(d) applies to this section. 1, eff. September 1, 2011. 1575), Sec. 25.11 (Continuous Violence Against the Family), 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). 162, Sec. 91), Sec. (f) An offense under Subsection (c) is a state jail felony. 977, Sec. Acts 2019, 86th Leg., R.S., Ch. A charge of assault can become a crime depending on the type of person being attacked or the type of attack. (b-1) Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony of the third degree if the offense is committed: (1) while the actor is committed to a civil commitment facility; and. (1) "Child" has the meaning assigned by Section 22.011(c). 10, eff. September 1, 2019. 2, eff. 1286, Sec. All rights reserved. 665 (H.B. 22.10. 1, 2, eff. 1031, Sec. Evaluating Your Legal Options in Pearland intercollegiate, or other organized amateur or professional athletic competition and 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 . ASSAULT. 1038 (H.B. 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 . Amended by Acts 1985, 69th Leg., ch. texas penal code. (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 (3 . 29), Sec. 436 (S.B. 2, eff. September 1, 2015. Acts 2007, 80th Leg., R.S., Ch. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. 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 Sept. 1, 2003. Assault by Threat is a Class C offense in Texas and is subject to fines of up to $500. September 1, 2013. 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. (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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (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. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, 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. Amended by Acts 1993, 73rd Leg., ch. 18, Sec. September 1, 2017. Sept. 1, 1989; Acts 1991, 72nd Leg., 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: the offense is: (1)a Class A misdemeanor if the offense is committed under Subsection (a)(3) against 461 (H.B. 38, eff. 900, Sec. 3, eff. Sec. Texas Disciplinary Rules of Professional Conduct, the attorney . Original Source: Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 604, Sec. 3019), Sec. 2552), 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. An offensive contact is a class C assault which is up to a $500 fine. Amended by Acts 1977, 65th Leg., p. 2067, ch. or both sections. 1, eff. 22.05. (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. PENAL CODE. 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 Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1999. 184), Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 436 (S.B. 4, eff. Sept. 1, 1983. 7, eff. 1259), Sec. or staff member. Acts 2017, 85th Leg., R.S., Ch. 573, Sec. 1, eff. 284 (S.B. 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 29), Sec. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. Acts 2017, 85th Leg., R.S., Ch. 915 (H.B. INDECENT ASSAULT. Sept. 1, 1987; Acts 1989, 71st Leg., ch. September 1, 2007. 399, Sec. 11, eff. 2066), Sec. 2, eff. Reenacted and amended by Acts 2005, 79th Leg., Ch. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. 12, eff. Nevertheless, they become Class A or B misdemeanor offenses . The punishment according to Sec. 2, eff. TITLE 5. (d)For purposes of Subsection (b), the actor is presumed to have known the person 467 (H.B. (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. (3) "Household" has the meaning assigned by Section 71.005, Family Code. September 1, 2009. 388, Sec. 1420, Sec. 728 (H.B. (b) An offense under this section is a felony of the second degree . 977, Sec. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. Acts 2005, 79th Leg., Ch. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. 3, eff. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. 164), Sec. ASSAULTIVE OFFENSES Sec. the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope (last accessed Jun. 334, Sec. 357, Sec. 2908), Sec. assaulted was a public servant, a security officer, or emergency services personnel 1, eff. 1164), Sec. (3)a Class A misdemeanor if the offense is committed against a pregnant individual (m) It is an affirmative defense to prosecution under Subsections (a)(1), (2), and (3) for injury to a disabled individual that the person did not know and could not reasonably have known that the individual was a disabled individual, as defined by Subsection (c), at the time of the offense. Sept. 1, 2001; Acts 2003, 78th Leg., ch. According to Texas Penal Code, Section 22.01 (a) (3), a person has committed the misdemeanor offense of assault by contact if the person: "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.". 34, eff. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. Acts 2009, 81st Leg., R.S., Ch. 1, eff. 791, Sec. 900, Sec. 900, Sec. 1, eff. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. Added by Acts 2019, 86th Leg., R.S., Ch. 900, Sec. 91), Sec. knows or should reasonably believe that the other will regard the contact as offensive power or performance of an official duty as a public servant; (2)a person whose relationship to or association with the defendant is described Acts 2005, 79th Leg., Ch. 688), Sec. September 1, 2005. (4) "Sports participant" means a person who participates in any official capacity with respect to an interscholastic, intercollegiate, or other organized amateur or professional athletic competition and includes an athlete, referee, umpire, linesman, coach, instructor, administrator, or staff member. (b) An offense under this section is a Class C misdemeanor unless the actor's conduct causes suicide or attempted suicide that results in serious bodily injury, in which event the offense is a state jail felony. 21.002(14), eff. 1008, Sec. 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. 2, eff. AGGRAVATED ASSAULT. 1, eff. 22.041. Sept. 1, 1983. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 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 (2)Repealed by Acts 2005, 79th Leg., ch. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. Acts 2005, 79th Leg., Ch. 33, eff. 3, eff. 6, eff. 21.01. (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). Sept. 1, 2003. 76, Sec. 2, eff. 399, Sec. 16.002, eff. 46, eff. Texas Penal Code Section 22.01 - Assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Penal Code Sec. In addition, of the contract, if the actor knows the person or employee is authorized by the state (d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony. 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; Sec. 1087, Sec. 399, Sec. (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section (A) the actor was not more than three years older than the victim and at the time of the offense: (i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or, (ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and, (i) was a child of 14 years of age or older; and, (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. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2019. SEXUAL OFFENSES. Acts 2005, 79th Leg., Ch. Sec. (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). (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. 1, 2, eff. What is an Assault? is a conviction of the offense listed. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the Sec. 2, eff. September 1, 2017. (B) the victim was a nondisabled or disabled child at the time of the offense. (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. 655, Sec. Jan. 1, 1974. Acts 2017, 85th Leg., R.S., Ch. 335, Sec. 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 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. (1) "Family" has the meaning assigned by Section 71.003, Family Code. 1, eff. (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. committed against a person whose relationship to or association with the defendant Acts 2019, 86th Leg., R.S., Ch. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (i) It is an affirmative defense to prosecution under Subsection (b)(2) that before the offense the actor: (1) notified in person the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d), and notified in writing the parents or a person, other than the actor, acting in loco parentis to the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d); or. Sept. 1, 2003; Acts 2003, 78th Leg., ch. An assault is classified as a class a misdemeanor if bodily injury was caused. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. ASSAULT Sec. (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. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. 24), Sec. (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. 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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. of the second degree if the offense is committed against a person the actor knows Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. (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. of the contract, if the actor knows the person or employee is authorized by government normal breathing or circulation of the blood of the person by applying pressure to Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 12, 13, eff. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2005, 79th Leg., Ch. -1st Degree Felony-. 543 (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. (b-3)Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony The definition of assault is broad. 003, Health and Safety Code, emergency room personnel, and other individuals 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 . 3, eff. 1, eff. 819, Sec. Class C misdemeanors are a type of crime in Texas. 6.05, eff. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 15.02(a), 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 (3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and: (A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle; (B) is reckless as to whether the habitation, building, or vehicle is occupied; and. 1, eff. Sept. 1, 2003. CHAPTER 21. Sept. 1, 2003. (e) An offense under Subsection (a) is a Class A misdemeanor. . 399, Sec. 142, eff. 4.02, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 3, eff. 6), Sec. September 1, 2005. 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. 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