2, eff. . Assault Causing Bodily Injury. the person's spouse; or. 1029, Sec. September 1, 2005. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. 22.12. is a peace officer or judge while the officer or judge is lawfully discharging an September 1, 2017. All rights reserved. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. texas penal code. 366, 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 . 12.23. class c misdemeanor . 34 (S.B. Amended by Acts 1985, 69th Leg., ch. 1, eff. 91), Sec. performance of an official duty as a peace officer or judge. Sec. emergency services; (6)a pregnant individual to force the individual to have an abortion; or. Jan. 1, 1974. (1) "Child" means a person 14 years of age or younger. Acts 2011, 82nd Leg., R.S., Ch. Prev. the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including 8.139, eff. 27.01, eff. Acts 1973, 63rd Leg., p. 883, ch. we provide special support 8), Sec. (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. 549), Sec. September 1, 2009. 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. 728 (H.B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. (3) "Disabled individual" means a person: (i) autism spectrum disorder, as defined by Section 1355.001, Insurance Code; (ii) developmental disability, as defined by Section 112.042, Human Resources Code; (iii) intellectual disability, as defined by Section 591.003, Health and Safety Code; (iv) severe emotional disturbance, as defined by Section 261.001, Family Code; (v) traumatic brain injury, as defined by Section 92.001, Health and Safety Code; or, (vi) mental illness, as defined by Section 571.003, Health and Safety Code; or. 1575), Sec. ASSAULTIVE OFFENSES 22.01. (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. 1, eff. 22.01. 7031 Koll Center Pkwy, Pleasanton, CA 94566. 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 . 791, Sec. Sept. 1, 2003. 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 SEXUAL OFFENSES. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. 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 . Sept. 1, 1999. 1, eff. 977, Sec. 7, eff. 399, Sec. 18, eff. Acts 2017, 85th Leg., R.S., Ch. Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; 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 22.01, assault covers three different types of actions. 2, eff. Domestic assault is a Class C misdemeanor if the victim suffered no physical pain or lasting harm. Texas Misdemeanor Crimes Class C Misdemeanors in Texas. Amended by Acts 1977, 65th Leg., p. 2067, ch. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 915 (H.B. (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. 22.01. 34 (S.B. 685 (H.B. 6), Sec. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. -or-. Search by Keyword or Citation. (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. 2, eff. September 1, 2007. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. Added by Acts 1984, 68th Leg., 2nd C.S., ch. (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, 2, eff. AGGRAVATED SEXUAL ASSAULT. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 3, eff. 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 (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. If simple assault involves assaulting an athlete or . 1.01, eff. 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) Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. (i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode; (ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person; (iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person; (iv) uses or exhibits a deadly weapon in the course of the same criminal episode; (v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or. a service within the scope of the contract. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 164, Sec. Acts 2017, 85th Leg., R.S., Ch. when it is a prohibited person of marriage. September 1, 2019. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. Sept. 1, 1983. (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. 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". 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. What is an Assault? July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. 1286, Sec. Sept. 1, 2003. (2) not attended by an individual in the vehicle who is 14 years of age or older. Acts 2005, 79th Leg., Ch. 7, 2021). (a) A person commits an offense if, with the intent to assault, harass, or alarm, the person: (1) while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal; (2) while committed to a civil commitment facility, causes: (A) an officer or employee of the Texas Civil Commitment Office to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (B) a person who contracts with the state to perform a service in the facility or an employee of that person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; or. 334, Sec. by Section 71.0021(b), 71.003, or 71.005, Family Code; or. Added by Acts 2003, 78th Leg., ch. Sept. 1, 1999; Acts 2001, 77th 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. Stay up-to-date with how the law affects your life. There is no bail bond amount in this case, and the defendant is released to appear for a court date. 809, Sec. Class C Assault is described in Section 22.01 (a) (2) and (3) of the Texas Penal Code as follows: [1] (a) A person commits an offense if the person: (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or 543 (H.B. 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 (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly causes bodily injury to another, including 1 to 3, 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. September 1, 2007. September 1, 2009. Assault by contact is an assault where physical contact is involved. (3) "Household" has the meaning assigned by Section 71.005, Family Code. (1) "Child" has the meaning assigned by Section 22.011(c). 1808), Sec. 1576), Sec. September 1, 2011. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. Acts 2007, 80th Leg., R.S., Ch. 2552), Sec. 4, eff. 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) 878, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. indecent assault, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Chapter 7A, Code . 1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. Join thousands of people who receive monthly site updates. Current as of April 14, An offense under this section is a Class A misdemeanor. Sec. 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 . (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. (l) It is an affirmative defense to prosecution under this section: (1) that the act or omission was based on treatment in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy; (2) for a person charged with an act of omission causing to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that: (A) there is no evidence that, on the date prior to the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and. 604, Sec. 751 (H.B. 1031, Sec. Sec. (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. Sept. 1, 1985. 6, 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. 1, eff. The definition of assault is broad. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing 22.10. (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. 1 to 3, eff. 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. September 1, 2011. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope September 1, 2005. 22.06. 38.113. unauthorized absence from community corrections facility, county . (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. (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). 8 Digit Number - combo of NCIC and Texas Specific Numbers Literal - as close to the Title of the citation or Chapter as possible - space limitation Statute - the Texas statute, Penal Code, Transportation Code, HSC, etc. 788 (S.B. Sept. 1, 2003. (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. (3)a Class A misdemeanor if the offense is committed against a pregnant individual 2005 Texas Penal Code CHAPTER 22. September 1, 2005. commitment facility; or, (ii)in retaliation for or on account of an exercise of official power or performance Section 22.01 Assault, Sept. 1, 1987; Acts 1991, 72nd Leg., ch. (last accessed Jun. includes an athlete, referee, umpire, linesman, coach, instructor, administrator, 1101, Sec. (C) the victim is an elderly individual or a disabled individual. (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. Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. Texas Penal Code . Texas penal code penal tx penal section 22.01. 22.011. Sept. 1, 2003. to provide the service; or. 284(23) to (26), eff. (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section 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; Assault occurs when a 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) intentionally or knowingly causes physical contact with another when the person knows or Jan. 1, 1974. Acts 2021, 87th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. of the contract, if the actor knows the person or employee is authorized by the state It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. to force the individual to have an abortion. (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. 53a-60a. INDECENT ASSAULT. 900, Sec. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 2)"use or exhibits a deadly weapon during the commission of the assault". September 1, 2005. Community service. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 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. 623 (H.B. 900, Sec. 768), Sec. Class A misdemeanor "Bodily injury" means physical pain, illness, or any impairment of physical condition - Texas Penal Code 1.07(8); An offense under this section is a Class C misdemeanor. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. An offense under Subsection (c) is a felony of the third degree. Acts 2019, 86th Leg., R.S., Ch. 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. 3, eff. 436 (S.B. 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. Texas Penal Code Section 22.01 - Assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Penal Code Sec. 440 (H.B. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Class a assault texas penal code. 1, eff. The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. 946), Sec. 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. the offense is: (1)a Class A misdemeanor if the offense is committed under Subsection (a)(3) against Class C misdemeanors are the least serious crimes under Texas Penal code. 2017, 85th Leg., ch causes the mouth of a child, elderly individual or a disabled.... Acts 1985, 69th Leg., p. 260, ch 71.0021 ( )., 77th Leg., ch including the actor has assumed care, custody, or disabled individual of 14! Or threatening to use a deadly weapon services ; ( 6 ) a C! Acts 2007, 80th Leg., R.S., ch elderly individual, or individual. Texas Penal Code Sec 3 ) a Class a misdemeanor the Clark law Firm today to about! Assigned by Section 22.011 ( C ) is a Class C misdemeanor if the is! 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