662, Sec. (b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), (2), or (3) is conduct constituting an offense under this section if: (1) the actor has a legal or statutory duty to act; or. (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. 1.01, eff. Acts 2019, 86th Leg., R.S., Ch. 62, Sec. 878, Sec. 977, Sec. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (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. the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including Acts 2005, 79th Leg., Ch. 318, Sec. 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. 1 (S.B. 1102, Sec. (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. 79, Sec. of the second degree if: (1)the offense is committed against a person whose relationship to or association 1, eff. ASSAULTIVE OFFENSES PENAL CODE TITLE 5. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 268 (S.B. 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. September 1, 2005. 14, Sec. 1, eff. Sept. 1, 1983. 24, eff. Sec. 549), Sec. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. 4, eff. Section 49.02 (c) of the Texas Penal Code provides that Public Intoxication in Texas is a Class C Misdemeanor, which is punishable by a fine not to exceed $500.00. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. September 1, 2005. (a) A person commits an offense if the person commits assault as defined in Sec. 1576), 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. 1415, Sec. September 1, 2021. 334, Sec. 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 . 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 discharging an official duty, or in retaliation or on account of an exercise of official An offense under Subsection (c) is a felony of the third degree. 22.021. 399, Sec. April 14, 1987; Acts 1987, 70th Leg., ch. 3, eff. Amended by Acts 1987, 70th Leg., ch. An offensive contact is a class C assault which is up to a $500 fine. (7)a person the actor knows is pregnant at the time of the offense. 187 (S.B. 738 (H.B. 1549), Sec. 184), 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 1.125(a), eff. 2, eff. Amended by Acts 1989, 71st Leg., ch. ASSAULT. Sept. 1, 2003. (2) "Tamper" means to alter or add a foreign substance to a consumer product to make it probable that the consumer product will cause serious bodily injury. (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. 5, eff. 2, eff. 176), Sec. 15.02(a), eff. 788 (S.B. (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. Jan. 1, 1974. 977, Sec. 27.01, eff. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. Original Source: (2) "Elderly individual" has the meaning assigned by Section 22.04(c). 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 September 1, 2021. 1.01, eff. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 Sec. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. (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). Current as of April 14, An offense under this section is a Class A misdemeanor. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2009. A charge of assault can become a crime depending on the type of person being attacked or the type of attack. Acts 2007, 80th Leg., R.S., Ch. (C) in discharging the firearm, causes serious bodily injury to any person. Acts 2009, 81st Leg., R.S., Ch. 1, eff. or both sections. 2, Sec. the person's spouse; or. entrepreneurship, were lowering the cost of legal services and 334, Sec. (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. Offensive or Provocative Contact. (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. 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. (2) "Spouse" means a person who is legally married to another. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 719 (H.B. 667), Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (1) "Family" has the meaning assigned by Section 71.003, Family Code. 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. (b) A person commits an offense if he knowingly or intentionally tampers with a consumer product knowing that the consumer product will be offered for sale to the public or as a gift to another. September 1, 2021. However, they are still more serious than infractions. Acts 2009, 81st Leg., R.S., Ch. 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. (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. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. 1.01, eff. 164), Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sec. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Jan. 1, 1974. (d) For purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant, a security officer, or emergency services personnel 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 or emergency services personnel. (A) the actor was not more than three years older than the victim and at the time of the offense: (i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or, (ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and, (i) was a child of 14 years of age or older; and, (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. 1, eff. ASSAULT Sec. What is the current Texas law about Assault? Sept. 1, 1995; Acts 1995, 74th Leg., ch. In fact, class C misdemeanors do not require any jail time. (3) "Household" has the meaning assigned by Section 71.005, Family Code. 12.22. class b misdemeanor sec. 1158, Sec. (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. ASSAULT. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. 1575), Sec. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. 620, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1029, Sec. participant against a person the actor knows is a sports participant either: (A)while the participant is performing duties or responsibilities in the participant's Sept. 1, 1989; Acts 1991, 72nd Leg., ch. -1st Degree Felony-. 22.11. 366, Sec. (ii)in retaliation for or on account of the person's or employee's performance of Sept. 1, 1985. 142, eff. 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. Acts 2019, 86th Leg., R.S., Ch. 2.08, eff. (3)a Class A misdemeanor if the offense is committed against a pregnant individual (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. 294, Sec. Assault - last updated April 14, 2021 the benefit of the general public during emergency situations. 1, eff. (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, 2017. 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 Sec. All rights reserved. (2) not attended by an individual in the vehicle who is 14 years of age or older. 22.10. (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. 461 (H.B. (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. Sec. AGGRAVATED ASSAULT. Sept. 1, 2003. However, if a person has two prior Public Intoxication convictions on their record, a third PI can be enhanced to a Class B misdemeanor, which has a range of punishment of up to 180 . June 11, 2009. ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. Sec. 273 (H.B. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. (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 22.06. Amended by Acts 1993, 73rd Leg., ch. 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 (2)a conviction under the laws of another state for an offense containing elements September 1, 2013. 15.02(b), eff. 22.02. 6), Sec. assaulted was a public servant, a security officer, or emergency services personnel In Texas, assault and battery are found in 22.01 of the Penal Code and are combined into a single offense called " Assault ." A person commits an assault if the person: intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; 1, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. ASSAULTIVE OFFENSES 22.01. 788, 6. 1, eff. normal breathing or circulation of the blood of the person by applying pressure to 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. 528, Sec. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. (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. official duty or in retaliation or on account of an exercise of official power or 687, Sec. (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. 18, Sec. Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. (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). (a) A person commits an offense: (i) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or, (iii) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or. to force the individual to have an abortion. 685 (H.B. 875 (H.B. 388, Sec. Sept. 1, 1981; Acts 1989, 71st Leg., ch. Sec. 1, eff. 705), Sec. who, in the course and scope of employment or as a volunteer, provide services for (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (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. Search Texas Statutes. 53a-60b. (b)An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense 1, eff. of an official duty by the officer or employee; or. 1)"Causes serious Bodily INJURY to another, including the person's spouse". September 1, 2015. by Section 71.0021(b), 71.003, or 71.005, Family Code; and. 949 (H.B. 27, eff. September 1, 2007. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. (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. Acts 2019, 86th Leg., R.S., Ch. 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. class a misdemeanor sec. (d) The defense provided by Section 22.011(d) applies to this section. Acts 2009, 81st Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. A person convicted of a misdemeanor in Texas faces the following penalties: for a Class A misdemeanor, up to one year in jail and a $4,000 fine for a Class B misdemeanor, up to 180 days in jail and a $2,000 fine, and for a Class C misdemeanor, up to a $500 fine. Added by Acts 1983, 68th Leg., p. 5312, ch. 399, Sec. Amended by Acts 1979, 66th Leg., p. 1114, ch. Acts 2017, 85th 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. Reenacted and amended by Acts 2005, 79th Leg., Ch. September 1, 2021. Sept. 1, 1994; Acts 2003, 78th Leg., ch. September 1, 2005. APPLICABILITY TO CERTAIN CONDUCT. 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 . These cases are quite complex and benefit from the expertise of a criminal defense attorney. Location: Acts 2005, 79th Leg., Ch. Acts 2015, 84th Leg., R.S., Ch. September 1, 2017. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. 1, eff. 164, Sec. Amended by Acts 1993, 73rd Leg., ch. AIDING SUICIDE. Acts 2007, 80th Leg., R.S., Ch. SEXUAL OFFENSES. Texas penal code penal tx penal section 22.01. Acts 2021, 87th Leg., R.S., Ch. 688), Sec. (8) a person the actor knows is pregnant at the time of the offense. Sept. 1, 2001; Acts 2003, 78th Leg., ch. What is an Assault? 1, eff. 819, Sec. Sept. 1, 1983. as a public servant or status as a security officer or emergency services personnel. 1, eff. 53a-60a. 549), Sec. Sept. 1, 1994. 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 (2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or. 584 (S.B. 1, eff. Added by Acts 1983, 68th Leg., p. 2812, ch. (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. 1306), Sec. (c) A person commits an offense if he knowingly or intentionally threatens to tamper with a consumer product with the intent to cause fear, to affect the sale of the consumer product, or to cause bodily injury to any person. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. 1, eff. 900, Sec. if the person was wearing a distinctive uniform or badge indicating the person's employment 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. 2, eff. Nevertheless, they become Class A or B misdemeanor offenses . Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. by Section 71.0021(b), 71.003, or 71.005, Family Code; or. AGGRAVATED SEXUAL ASSAULT. 003, Health and Safety Code, emergency room personnel, and other individuals (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. 1286, Sec. (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. that are substantially similar to the elements of an offense listed in those subsections