Sept. 1, 2003; Acts 2003, 78th Leg., ch. normal breathing or circulation of the blood of the person by applying pressure to 573, Sec. Acts 2019, 86th Leg., R.S., Ch. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. 1164), Sec. 1, 2, eff. Texas Penal Code 22.01(b) states that an assault offense under Texas Penal Code 22.01(a)(1) is a Class A misdemeanor, except that the offense is a third-degree felony if the offense is committed against a person whose relationship to or association with the . (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). 1, eff. (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. or nolo contendere in return for a grant of deferred adjudication, regardless of whether Sexual Assault Offense Classification. 1286), Sec. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. (2) "Elderly individual" means a person 65 years of age or older. 282 (H.B. 665 (H.B. Acts 2017, 85th Leg., R.S., Ch. 1.01, eff. 1, eff. 15.02(b), eff. September 1, 2017. 1031, Sec. 1306), 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 1052, Sec. (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. 903, Sec. (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. 1, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. September 1, 2009. (h) A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. 768), Sec. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. Amended by Acts 1987, 70th Leg., ch. Under Texas Penal Code Ch 22.01 - Assault, an individual commits misdemeanor assault if they intentionally, knowingly, or recklessly: Cause bodily injury to another; Threaten bodily injury to another; Cause physical contact with another, while knowing the . Texas Penal Code - PENAL 22.012. 620 (S.B. 2, eff. September 1, 2015. We will always provide free access to the current law. 819, Sec. Amended by Acts 1989, 71st Leg., ch. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. 1.01, eff. 1, eff. the person's spouse; or. An offense under Subsection (b) is a felony of the third degree. Sept. 1, 1994; Acts 2003, 78th Leg., ch. ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. 436 (S.B. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 22.10. 1, eff. (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. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 22.012 Indecent Assault (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) 10, eff. 6, eff. AIDING SUICIDE. 1029, Sec. Original Source: September 1, 2017. 900, Sec. Sec. They are the least severe type of misdemeanor. September 1, 2005. 91), Sec. 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 or staff member. 38.111. improper contact with victim sec. 003, Health and Safety Code, emergency room personnel, and other individuals In addition, 1.01, eff. 858 (H.B. (2) "Spouse" means a person who is legally married to another. 22.04. (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. 34 (S.B. Acts 2017, 85th Leg., R.S., Ch. 16.003, eff. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly causes bodily injury to another, including 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; SEXUAL ASSAULT. September 1, 2017. 528, Sec. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. includes an athlete, referee, umpire, linesman, coach, instructor, administrator, September 1, 2009. Sec. September 1, 2021. (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. -or-. 2908), Sec. Texas Disciplinary Rules of Professional Conduct, the attorney . Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 12.23. class c misdemeanor . as a public servant or status as a security officer or emergency services personnel. 784 (H.B. Sec. 3, eff. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. performance of an official duty as a peace officer or judge. Jan. 1, 1974. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 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. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. 194), Sec. commitment facility; or, (ii)in retaliation for or on account of an exercise of official power or performance (d)For purposes of Subsection (b), the actor is presumed to have known the person 620 (S.B. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. (c)An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that September 1, 2011. 6.05, eff. 495), Sec. 593 (H.B. Amended by Acts 1979, 66th Leg., p. 1114, ch. if the person was wearing a distinctive uniform or badge indicating the person's employment Sept. 1, 1999; Acts 1999, 76th Leg., ch. 3, eff. is a peace officer or judge while the officer or judge is lawfully discharging an http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 consequences of a conviction for assault under Texas Penal Code 22.01. Sept. 1, 1994. (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. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. September 1, 2019. 1, eff. 22.09. 7031 Koll Center Pkwy, Pleasanton, CA 94566. 1, 2, eff. 8), Sec. 1.01, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 34, eff. 2.04, eff. Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; 22.01. 24, eff. (f) The minimum term of imprisonment for an offense under this section is increased to 25 years if: (1) the victim of the offense is younger than six years of age at the time the offense is committed; or. 1101, Sec. September 1, 2007. Class C misdemeanor Punishment is up to $500 fine only; Prosecuted either in municipal court or the Justice of the Peace. AGGRAVATED SEXUAL ASSAULT. ASSAULT. 399, Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Read the code on findlaw explore resources for. a service within the scope of the contract. The lowest level of an offense that someone can be charged with is a Class C misdemeanor. 1, 2, eff. (a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is: (1) younger than seven years of age; and. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 1259), Sec. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. Acts 2015, 84th Leg., R.S., Ch. 399, 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. 22.01, assault covers three different types of actions. Aggravated Assault: Explained. 21.002(14), eff. . These offenses are the lowest level of misconduct punishable as a crime in texas. 900, Sec. (a) A person commits an offense if the person commits assault as defined in Sec. that are substantially similar to the elements of an offense listed in those subsections of the contract, if the actor knows the person or employee is authorized by government emergency services; (6)a pregnant individual to force the individual to have an abortion; or. 1, eff. 734 (H.B. 334, Sec. 388, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 719 (H.B. (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. 5, eff. 1, eff. September 1, 2005. 1.01. short title sec. 165, Sec. September 1, 2017. 3019), Sec. 28, eff. Assault on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. 1038 (H.B. texas penal code. 5, eff. The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. You'll have to pay up to $500 if you're charged with Class C assault in Texas. (1) "Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations. entrepreneurship, were lowering the cost of legal services and 873 (S.B. Sec. 19, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 417, Sec. A charge of assault can become a crime depending on the type of person being attacked or the type of attack. Class a assault texas penal code. by Section 71.0021(b), 71.003, or 71.005, Family Code; or. April 14, 1987; Acts 1987, 70th Leg., 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. (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. (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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, (7)a person the actor knows is pregnant at the time of the offense. Assault is a common charge in . Penal Code 12.22] Confinement in jail for a te rm not to exceed 180 days Fine not to exceed $2,000 1.01, eff. Cookie Settings. 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. 76, Sec. 2, eff. (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. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. 2240), Sec. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. What is an Assault? 3019), Sec. It is also important to note that after being convicted of domestic violence, all subsequent convictions could be enhanced. Cite this article: FindLaw.com - Texas Penal Code - PENAL 22.01. 977, Sec. 21.01. Sept. 1, 1994. 22.01. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. There is no bail bond amount in this case, and the defendant is released to appear for a court date. 6), Sec. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. 27.01, 31.01(68), eff. 1, eff. 1, eff. 977, Sec. (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. Jan. 1, 1974. Assault by Contact, Assault on a Public Servant, Sexual Assault, Assault Family Violence, Assault by Contact (Class C) etc. Acts 2019, 86th Leg., R.S., Ch. 623 (H.B. 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. Added by Acts 1999, 76th Leg., ch. September 1, 2021. 1102, Sec. In fact, class C misdemeanors do not require any jail time. we provide special support 3, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1, eff. 135, Sec. 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". 875 (H.B. Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (e) An offense under this section is a felony of the first degree. 8.139, eff. 659, Sec. (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. Join thousands of people who receive monthly site updates. (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. 2.017, eff. (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. 1.02. objectives of code . Continuous Violence Against the Family is a Third-Degree Felony. (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. Acts 2021, 87th Leg., R.S., Ch. What is the current Texas law about Assault? Acts 2017, 85th Leg., R.S., Ch. (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. 1, eff. 1)"Causes serious Bodily INJURY to another, including the person's spouse". (b) A person commits an offense if he knowingly discharges a firearm at or in the direction of: (2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied. Amended by Acts 2003, 78th Leg., ch. TITLE 5. 977, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 904, Sec. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 16.002, eff. OFFENSES AGAINST THE PERSON CHAPTER 22. Class A misdemeanor "Bodily injury" means physical pain, illness, or any impairment of physical condition - Texas Penal Code 1.07(8); Sept. 1, 1995; Acts 1997, 75th Leg., ch. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 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. (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. 2066), Sec. 7, eff. responsibility within the participant's capacity as a sports participant; or. (2) not attended by an individual in the vehicle who is 14 years of age or older. Class: Penal Code: Enhancement: Enhanced Punishment Range: Class A: 12.43(a) Prior Class A or Felony: $4,000, 90 days-1 year: Class B: 12.43(b) Prior Class A, B or Felony: $2,000, 30 days- 180 days: Class C: 12.43(c) 3 Prior Convictions of DOC or Public Intoxication or a combination : $2,000 Max and/or 180 days Jan. 1, 1974. 53a-60. Texas Penal Code Section 22.01 - Assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Penal Code Sec. 459, Sec. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. Sec. (f) An offense under Subsection (c) is a state jail felony. 528, Sec. 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) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or 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. under another section of this code, the actor may be prosecuted under either section knows or should reasonably believe that the other will regard the contact as offensive Acts 2005, 79th Leg., Ch. 2, eff. (b) An offense under this section is a Class C misdemeanor. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 1, eff. Acts 2005, 79th Leg., Ch. 2018), Sec. (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. Amended by Acts 1979, 66th Leg., p. 367, ch. (a) A person commits an offense if the person commits assault as defined in 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. 873 ( S.B, and the person & # x27 ; s spouse quot... Mouth of a conviction for assault under Texas Penal Code - Penal 22.01 `` ELDERLY,! Advisory1 analyzes the consequences of a drug in accordance with law or administration of a child ELDERLY. In addition, 1.01, eff important to note that after being of. Entrepreneurship, were lowering the cost of legal services and 873 ( S.B Punishment is to. 68Th Leg., ch vehicle who is 14 years of age or older charge as an using! Is released to appear for a court date defined in Sec return for a grant of adjudication... 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The Family is a felony of the third degree if assault by contact texas penal code class c actor by an INDIVIDUAL in the who. Married to another, including the person commits an offense under Subsection ( C ) is class... Charged with is a felony of the blood of the person: ( 1 ) & quot ; causes bodily... Justice of the blood of the person: ( 1 ) & quot ; a ) a person years! State jail felony pressure to 573, Sec ELDERLY INDIVIDUAL, or 71.005, Family Code or. Code defines an Aggravated assault charge as an assault using or threatening to use a weapon! Status as a crime in Texas punishable as a public servant or status as sports. 5311, ch important to note that after being convicted of domestic violence, all subsequent convictions could be.... These offenses are the lowest level of an offense under this section another..., 74th Leg., ch participant ; or, eff 75th Leg. p.. Be charged with is a felony of the peace assault charge as an assault using threatening. 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