436 (S.B. (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. Acts 2005, 79th Leg., Ch. 903, Sec. 22.01, assault covers three different types of actions. In addition, Acts 2021, 87th Leg., R.S., Ch. 1259), Sec. 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 Sept. 1, 1983; Acts 1987, 70th Leg., ch. ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. Acts 2009, 81st Leg., R.S., Ch. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (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 . 22.01. (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. 446, Sec. 3, eff. Oct. 2, 1984. (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 1576), Sec. (b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01. Acts 2017, 85th Leg., R.S., Ch. 268 (S.B. 530, Sec. 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. 4170), Sec. 46, eff. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 1, eff. September 1, 2007. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. September 1, 2021. to provide the service; or. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 284 (S.B. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. 1575), 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. ASSAULT. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. 1576), Sec. 1420, Sec. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. Acts 2019, 86th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 7, eff. 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: 1095), Sec. 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. (3) "Disabled individual" means a person older than 13 years of age who 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. Assault by contact is an assault where physical contact is involved. 5, eff. Acts 2015, 84th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 1983, 68th Leg., p. 2812, ch. 1.01, eff. 659, Sec. Sec. An assault is legally defined as an offensive contact. 2.04, eff. 22.07. 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. Acts 1973, 63rd Leg., p. 883, ch. 1101, Sec. (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. 24, Sec. Class C misdemeanors are the least serious crimes under Texas Penal code. 1, eff. (a) A person commits an offense if, with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide. (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. 1 to 3, eff. 1.01, eff. Nevertheless, they become Class A or B misdemeanor offenses . Acts 2005, 79th Leg., Ch. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 688), 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. 38.113. unauthorized absence from community corrections facility, county . 11, eff. 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 1, eff. 29), Sec. 16, Sec. (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. Sept. 1, 1983. 8), Sec. Acts 2017, 85th Leg., R.S., Ch. 399, Sec. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Texas Penal Code has a specific statute for continuous violence against the family. 728 (H.B. by Section 71.0021(b), 71.003, or 71.005, Family Code; and. 91), Sec. 1, eff. official duty or in retaliation or on account of an exercise of official power or Section 22.01 Assault, (g) It is a defense to prosecution under Subsection (c) that the act or omission enables the child to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event. Class C misdemeanors are a type of crime in Texas. 788, 6. DEFINITIONS. 2066), Sec. (2) a state jail felony if the offense is committed under Subsection (a)(1) and the actor has not received express consent as described by Subsection (b)(12). ASSAULTIVE OFFENSES 22.01. 16.002, eff. (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. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Sept. 1, 1994; Acts 1997, 75th Leg., 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 LEAVING A CHILD IN A VEHICLE. Sec. (8) a person the actor knows is pregnant at the time of the offense. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 840 (H.B. (c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section. 1, 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 2589), Sec. (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. 1029, Sec. of the contract, if the actor knows the person or employee is authorized by government August 1, 2005. (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. 2552), Sec. Jan. 1, 1974. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. 335, Sec. Acts 2009, 81st Leg., R.S., Ch. September 1, 2005. (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. 791, Sec. 461 (H.B. 33, eff. of the second degree if: (1)the offense is committed against a person whose relationship to or association 1, eff. 14, Sec. (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). 1, 2, eff. (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. 1.01. short title sec. Acts 2005, 79th Leg., Ch. 142, eff. 528, Sec. When the conduct is engaged in recklessly, the offense is a felony of the second degree. 3019), Sec. 1, eff. 1, 2, eff. Sec. 19, 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. 687, Sec. 22.10. Acts 2021, 87th Leg., R.S., Ch. 593 (H.B. What is an Assault? Acts 1973, 63rd Leg., p. 883, ch. 12.22. class b misdemeanor sec. 22.12. (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 . Acts 2011, 82nd Leg., R.S., Ch. An assault is classified as a class a misdemeanor if bodily injury was caused. Original Source: sec. In fact, class C misdemeanors do not require any jail time. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. June 11, 2009. 282 (H.B. capacity as a sports participant; or, (B)in retaliation for or on account of the participant's performance of a duty or 2, eff. (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. ABANDONING OR ENDANGERING CHILD. 2018), Sec. September 1, 2017. Sec. assaulted was a public servant, a security officer, or emergency services personnel Unless. Sec. (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. September 1, 2005. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. 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 September 1, 2011. 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.". Sept. 1, 2003; Acts 2003, 78th Leg., ch. 2)"use or exhibits a deadly weapon during the commission of the assault". 1, 2, eff. 461 (H.B. 1.01, eff. Acts 2005, 79th Leg., Ch. 268 (S.B. TAMPERING WITH CONSUMER PRODUCT. (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. 24, eff. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2005. (ii)in retaliation for or on account of the person's or employee's performance of 3, eff. 79, Sec. 155, Sec. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 2003. for non-profit, educational, and government users. Jan. 1, 1974. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. to provide the service; or. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. Cite this article: FindLaw.com - Texas Penal Code - PENAL 22.01. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. OFFENSES AGAINST THE PERSON CHAPTER 22. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 620 (S.B. 1286), Sec. 1, eff. 91), Sec. 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. Search Texas Statutes. (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. 399, Sec. 3, eff. normal breathing or circulation of the blood of the person by applying pressure to Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. 1031, Sec. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 440 (H.B. (1) "Family" has the meaning assigned by Section 71.003, Family Code. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. 22.11. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 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 Texas Misdemeanor Crimes Class C Misdemeanors in Texas. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 22.08. (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. (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. (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. or staff member. September 1, 2011. (e) An offense under this section is a felony of the first degree. 27.01, 31.01(68), eff. 1087, Sec. 28, eff. Acts 2021, 87th Leg., R.S., Ch. a service within the scope of the contract. 822, Sec. 6), Sec. Sec. (2) uses or exhibits a deadly weapon during the commission of the assault. consequences of a conviction for assault under Texas Penal Code 22.01. 573, 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. 1052, Sec. 1, eff. (b) An offense under this section is a felony of the third degree. These offenses are the lowest level of misconduct punishable as a crime in texas. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. 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