when it is a prohibited person of marriage. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). 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. 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. 14.829, eff. 784 (H.B. 1, eff. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. (2)a conviction under the laws of another state for an offense containing elements (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 1, eff. 14, Sec. 6), Sec. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the 977, Sec. 1, eff. 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. Current as of April 14, 2021 | Updated by FindLaw Staff. 1286, Sec. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. 2.017, eff. 2005 Texas Penal Code CHAPTER 22. Sept. 1, 1999; Acts 2003, 78th Leg., ch. An offense under Subsection (a-1) is a state jail felony when the person, with criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), or (3). 878, Sec. Added by Acts 1999, 76th Leg., ch. consequences of a conviction for assault under Texas Penal Code 22.01. L/D - Level and . . Assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree: Class D felony: Two years not suspendable. Sept. 1, 2003. (2) uses or exhibits a deadly weapon during the commission of the assault. 399, 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. 194), Sec. ASSAULT. September 1, 2021. (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. 1306), Sec. 1029, Sec. 1, eff. of the contract, if the actor knows the person or employee is authorized by government INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or . (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. 8), 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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. According to Texas law, Texas Penal Code Ann. 273 (H.B. (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 . 2018), Sec. (ii)in retaliation for or on account of the person's or employee's performance of 22.11. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. September 1, 2017. 1808), Sec. Acts 2011, 82nd Leg., R.S., Ch. 8.139, eff. 22.12. (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). (2)Repealed by Acts 2005, 79th Leg., ch. 1, eff. Acts 2009, 81st Leg., R.S., Ch. Nevertheless, they become Class A or B misdemeanor offenses . (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section 2, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. If simple assault involves assaulting an athlete or . Evaluating Your Legal Options in Pearland 1576), Sec. 2, eff. September 1, 2015. 446, Sec. 2, eff. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; OFFENSES AGAINST THE PERSON CHAPTER 22. who, in the course and scope of employment or as a volunteer, provide services for Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 46, eff. (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. (e) An offense under this section is a felony of the first degree. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1, eff. 1.02. objectives of code . 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 What is the current Texas law about Assault? (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. Acts 2009, 81st Leg., R.S., Ch. 623 (H.B. 593 (H.B. Aggravated Assault: Explained. Oct. 2, 1984. (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. by Section 71.0021(b), 71.003, or 71.005, Family Code; and. 788 (S.B. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Texas penal code penal tx penal section 22.01. Added by Acts 1983, 68th Leg., p. 5312, ch. 164), Sec. 334, 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. Search by Keyword or Citation. 1, eff. Acts 2005, 79th Leg., Ch. 1259), Sec. 366, Sec. Sept. 1, 1983. 16.003, eff. Class a assault texas penal code. Original Source: (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. 1, eff. 1576), Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Sec. a service within the scope of the contract; (4)a person the actor knows is a security officer while the officer is performing 12.22. class b misdemeanor sec. TERRORISTIC THREAT. 1, eff. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 900, Sec. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. Acts 2005, 79th Leg., Ch. 719 (H.B. Continuous Violence Against the Family is a Third-Degree Felony. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 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; 1, 2, eff. The lowest level of an offense that someone can be charged with is a Class C misdemeanor. 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. 688), Sec. 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. 3, eff. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. (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. Acts 2021, 87th Leg., R.S., Ch. Assault by Contact, Assault on a Public Servant, Sexual Assault, Assault Family Violence, Assault by Contact (Class C) etc. 4170), Sec. 2240), Sec. September 1, 2021. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. (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 (d) For purposes of an omission that causes a condition described by Subsection (a)(1), (2), or (3), the actor has assumed care, custody, or control if the actor has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that the actor has accepted responsibility for protection, food, shelter, or medical care for a child, elderly individual, or disabled individual. the person's spouse; or. 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 September 1, 2017. 268 (S.B. 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. 1, eff. Similarly, while assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors, they can be enhanced to Class A or B misdemeanors when the victim has certain characteristics, like being Current as of April 14, An offense under this section is a Class A misdemeanor. September 1, 2011. 357, Sec. (B) the victim was a nondisabled or disabled child at the time of the offense. 142, eff. 467 (H.B. In addition, (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. September 1, 2009. 22.041. Sept. 1, 2001. 1, eff. entrepreneurship, were lowering the cost of legal services and (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. Misdemeanors are punishable by a year or less in a local jail, a fine, or both. 3, eff. (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). 6), Sec. 2, eff. Search Texas Statutes. 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: Assault is a common charge in . 4, eff. 665 (H.B. September 1, 2019. Sec. (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 (B)the offense is committed by intentionally, knowingly, or recklessly impeding the 481, Sec. 1808), Sec. April 14, 1987; Acts 1987, 70th Leg., ch. 135, Sec. 1, 2, eff. 662, Sec. 22.011. 459, Sec. if the person was wearing a distinctive uniform or badge indicating the person's employment 1, eff. (2) is committed against a public servant. Amended by Acts 1993, 73rd Leg., ch. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (vi) with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim's ability to appraise the nature of the act or to resist the act; (B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or. 1, eff. 1, eff. 5, eff. Amended by Acts 1993, 73rd Leg., ch. Contact us. 16.002, eff. Acts 2009, 81st Leg., R.S., Ch. ASSAULTIVE OFFENSES 22.01. (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. 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. These offenses are the lowest level of misconduct punishable as a crime in texas. 76, Sec. 165, Sec. 361 (H.B. 6, eff. Acts 2017, 85th Leg., R.S., Ch. 528, Sec. (k) It is a defense to prosecution under this section that the act or omission consisted of: (1) reasonable medical care occurring under the direction of or by a licensed physician; or. 2552), Sec. (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. Acts 2009, 81st Leg., R.S., Ch. 1 to 3, eff. 294, Sec. Let's dive into the statute and see what's going on here. 1, eff. 667), Sec. 2, eff. (e) An offense under Subsection (a) is a Class A misdemeanor. 260 (H.B. 11, eff. Acts 2015, 84th Leg., R.S., Ch. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. 1.01, eff. 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 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 Sept. 1, 1999. 873 (S.B. Through social 1095), Sec. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. 1, eff. Amended by Acts 2003, 78th Leg., ch. 27.01, eff. Sec. September 1, 2005. assaulted was a public servant, a security officer, or emergency services personnel increasing citizen access. 1, eff. (C) in discharging the firearm, causes serious bodily injury to any person. 15.02(b), eff. 1, eff. 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 emergency services; (6)a pregnant individual to force the individual to have an abortion; or. 399, Sec. 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 . Sec. (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. (d) Except as provided by Subsection (e), an offense under Subsection (b) is: (1) a state jail felony if the actor abandoned the child with intent to return for the child; or. September 1, 2009. Acts 2005, 79th Leg., 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. 436 (S.B. Penal Code 12.21] Class A Misdemeanor [T Confinement in jail for a te rm not to exceed one year Fine not to exceed $4,000 Both such fine and confinement Class B Misdemeanor [Tex. Feb. 1, 2004. Acts 2019, 86th Leg., R.S., Ch. 282 (H.B. September 1, 2005. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. Assault in the second degree: Class D or C felony. Indecent Assault Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. AGGRAVATED SEXUAL ASSAULT. Acts 2019, 86th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 4.02, eff. sec. 284(32), eff. (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. Sec. 549), Sec. September 1, 2007. 2.04, eff. 1, eff. September 1, 2017. ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. 840 (H.B. 530, Sec. Amended by Acts 1985, 69th Leg., ch. Prev. 22.021. Sept. 1, 1983. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. Acts 2007, 80th Leg., R.S., Ch. 819, Sec. 5, eff. CHAPTER 21. 155, Sec. 260 (H.B. Offensive or Provocative Contact. 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 (1) "Family" has the meaning assigned by Section 71.003, Family Code. commitment facility; or, (ii)in retaliation for or on account of an exercise of official power or performance 91), Sec. -1st Degree Felony-. Cookie Settings. (b-2) Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony of the second degree if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge 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 peace officer or judge. 623 (H.B. 6, eff. Acts 2021, 87th Leg., R.S., Ch. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. 1038 (H.B. 2)"use or exhibits a deadly weapon during the commission of the assault". 1087, Sec. September 1, 2015. September 1, 2017. (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) touches another person with the anus, breast, or any part of the genitals of any person; (3) exposes or attempts to expose another person's genitals, pubic area, anus, buttocks, or female areola; or. (c)An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that Added by Acts 1983, 68th Leg., p. 2812, ch. An offense under Subsection (b) is a felony of the third degree. 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 . For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 003, Health and Safety Code, emergency room personnel, and other individuals (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). Read the code on findlaw explore resources for. 955 (S.B. Acts 2015, 84th Leg., R.S., Ch. (1) "Child" means a person younger than 17 years of age. (b) An offense under this section is a Class C misdemeanor. (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. 3, eff. 34 (S.B. Sec. 1354), Sec. 1, 2, eff. (1) "Child" has the meaning assigned by Section 22.011(c). Added by Acts 2003, 78th Leg., ch. 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