Sept. 1, 1994; Acts 1995, 74th Leg., ch. 728 (H.B. ASSAULTIVE OFFENSES PENAL CODE TITLE 5. 260 (H.B. 162, Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. Sept. 1, 2003. Jan. 1, 1974. . 2908), Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (g) For purposes of Subsection (d), the amount of pecuniary loss is the amount of economic loss suffered by the owner of the building, room, place, or conveyance as a result of the prevention or interruption of the occupation or use of the building, room, place, or conveyance. Community service. (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. 1038 (H.B. 1, eff. 1, eff. Jan. 1, 1974. Acts 2017, 85th Leg., R.S., Ch. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 1, eff. 1.01, eff. 79, Sec. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (B)a person who contracts with the state to perform a service in a civil commitment PENAL CODE. 003, Health and Safety Code, emergency room personnel, and other individuals CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. (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. 357, Sec. An offensive contact is a class C assault which is up to a $500 fine. Jan. 1, 1974. 3, eff. (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. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 399, Sec. Search Texas Statutes. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. 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 September 1, 2019. 164), Sec. Added by Acts 1983, 68th Leg., p. 5312, ch. discharging an official duty, or in retaliation or on account of an exercise of official Added by Acts 1984, 68th Leg., 2nd C.S., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 22.06. (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 . September 1, 2007. Assault is a common charge in . September 1, 2009. (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. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. Sec. Amended by Acts 1979, 66th Leg., p. 1114, ch. September 1, 2005. September 1, 2007. 6, eff. (B)in retaliation for or on account of the person's or employee's performance of Sept. 1, 1983; Acts 1987, 70th Leg., ch. 977, Sec. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 1.01, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (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. 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. Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. 1, eff. 2.08, eff. 2, eff. the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including (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. Acts 2005, 79th Leg., Ch. 955 (S.B. September 1, 2009. (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. Once the offensive contact causes pain it becomes a class A misdemeanor with up to a year in county jail and a $4,000 fine. Amended by Acts 1985, 69th Leg., ch. Acts 2021, 87th Leg., R.S., 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 1, eff. Texas Misdemeanor Crimes Class C Misdemeanors in Texas. September 1, 2017. It is also important to note that after being convicted of domestic violence, all subsequent convictions could be enhanced. September 1, 2017. 5, eff. 1, eff. (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. An assault is legally defined as an offensive contact. 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. 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 Class C misdemeanors are a type of crime in Texas. Added by Acts 1985, 69th Leg., ch. (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 2, Sec. (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. 667), Sec. 165, Sec. Sec. Cookie Settings. Sec. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. SEXUAL ASSAULT. 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) Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Sexual Assault, except as provided by Subdivision (1) Arson Trafficking of Persons under Section 20A.02 (a) (1), (2), (3), or (4), Penal Code Compelling Prostitution under Section 43.05 (a) (1), Penal Code Felonies with a 7 year statute of limitation: Misapplication of fiduciary property or property of a financial institution Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 688), Sec. 773. 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. (d) The defense provided by Section 22.011(d) applies to this section. 440 (H.B. Acts 2007, 80th Leg., R.S., Ch. 164, Sec. 1, eff. ASSAULTIVE OFFENSES Sec. Assault - last updated April 14, 2021 Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. (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. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. (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, eff. 3, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (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. Sec. 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. 2, eff. Acts 2005, 79th Leg., Ch. Acts 1973, 63rd Leg., p. 883, ch. When the conduct is engaged in recklessly, the offense is a state jail felony. 334, Sec. ASSAULT Sec. (2) uses or exhibits a deadly weapon during the commission of the assault. September 1, 2017. 620, Sec. (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. 2589), Sec. (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section 399, Sec. According to Texas Penal Code 22.01, you could be arrested for the crime of simple assault if you intentionally, knowingly or recklessly cause bodily injury to another person, threaten another person with imminent bodily harm or cause physical contact with another person that you know is provocative or offensive. 62, Sec. 91), Sec. These offenses are the lowest level of misconduct punishable as a crime in texas. Penal Code Title 5 Texas Penal Code Sec. (d) An offense under Subsection (b) is a felony of the second degree unless a person suffers serious bodily injury, in which event it is a felony of the first degree. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1, eff. 1.18, eff. September 1, 2021. This chapter does not apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is: (1) committed by the mother of the unborn child; (2) a lawful medical procedure performed by a physician or other health care provider with the requisite consent; (3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code; or. 34, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 91), Sec. Reenacted and amended by Acts 2005, 79th Leg., Ch. 21.01. 436 (S.B. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. September 1, 2005. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. when it is a prohibited person of marriage. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. 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 . DEADLY CONDUCT. 1420, Sec. 4, eff. Call 738-8383 to schedule a free, no-obligation consultation to discover your options. Acts 2005, 79th Leg., Ch. 1, eff. official duty or in retaliation or on account of an exercise of official power or 900, Sec. 2)"use or exhibits a deadly weapon during the commission of the assault". 361 (H.B. (4)Sports participant means a person who participates in any official capacity with respect to an interscholastic, Acts 2019, 86th Leg., R.S., Ch. 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 2018), Sec. 318, Sec. Sept. 1, 1985. (a) In this section: (1) "Consumer Product" means any product offered for sale to or for consumption by the public and includes "food" and "drugs" as those terms are defined in Section 431.002, Health and Safety Code. A charge of assault can become a crime depending on the type of person being attacked or the type of attack. Acts 2017, 85th Leg., R.S., Ch. (a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual: (2) serious mental deficiency, impairment, or injury; or. Sept. 1, 1983. 495), Sec. ASSAULT. (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 . 1, eff. While jail time is not an option, you could still be left on file with a conviction for assault. by Section 71.0021(b), 71.003, or 71.005, Family Code; and. 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 655, Sec. Sept. 1, 2001. (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. Acts 2021, 87th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 791, Sec. 1, eff. Amended by Acts 1993, 73rd Leg., ch. 1.125(a), 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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Amended by Acts 2003, 78th Leg., ch. (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. The most recent version of the assault & quot ; Acts 1979, 66th Leg., R.S. ch. 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