620 (S.B. Sept. 1, 1983; Acts 1985, 69th Leg., ch. Amended by Acts 1977, 65th Leg., p. 2067, ch. Read the code on findlaw explore resources for. Added by Acts 1984, 68th Leg., 2nd C.S., ch. 946), Sec. (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 34, eff. 1, eff. Acts 2009, 81st Leg., R.S., Ch. Added by Acts 1999, 76th Leg., ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Continuous Violence Against the Family is a Third-Degree Felony. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. (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. (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. or provocative. (h) It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code. 7, 2021). Indecent Assault. Sec. Added by Acts 1985, 69th Leg., ch. 1, eff. Original Source: (B)a person who contracts with the state to perform a service in a civil commitment Texas Penal Code . Amended by Acts 1993, 73rd Leg., ch. 76, Sec. 1, eff. AGGRAVATED ASSAULT. 900, Sec. (g)If conduct constituting an offense under this section also constitutes an offense 6, eff. (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. emergency services; (6)a pregnant individual to force the individual to have an abortion; or. 1019, Sec. 773. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; SEXUAL ASSAULT. 1306), Sec. 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) 1, 2, eff. 357, Sec. Community service. Search by Keyword or Citation. 318, Sec. 593 (H.B. 1 to 3, eff. APPLICABILITY TO CERTAIN CONDUCT. ASSAULT Sec. Sec. Texas Disciplinary Rules of Professional Conduct, the attorney . (c) Section 25.07(a), Penal Code, is amended to read as follows: (a) A person commits an offense if, in violation of a . Assault by Contact, Assault on a Public Servant, Sexual Assault, Assault Family Violence, Assault by Contact (Class C) etc. 903, Sec. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. Join thousands of people who receive monthly site updates. Over time, the Texas Legislature passes more laws and recently, there has been the passage of a new domestic assault family violence statute (Texas Penal Code 2.01(b)(2),22.01(b)(2)(b)) involving choking or attempting to strangle another person as identified in Texas Penal Code Sections 71.0021(b), 71.003, or 71.005: 3607), Sec. 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 (a) A person commits an offense if the person commits assault as defined in Sec. 7, 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 Sept. 1, 1999; Acts 1999, 76th Leg., ch. 784 (H.B. Sept. 1, 1983. Sept. 1, 1994. September 1, 2021. . (last accessed Jun. September 1, 2021. 900, Sec. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. entrepreneurship, were lowering the cost of legal services and 22.01. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. 22.041. (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. 53a-60b. 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. August 1, 2005. Acts 2015, 84th Leg., R.S., Ch. 294, Sec. In Texas, an aggravated assault is a second degree felony with punishments including 2 to 20 years in prison and a fine of up to $10,000. Texas Penal Code Section 22.01 - Assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Penal Code Sec. 22.09. 557, Sec. Amended by Acts 1979, 66th Leg., p. 367, ch. 2, eff. Oct. 2, 1984. of an official duty by the officer or employee; or. 1 (S.B. 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. (8) a person the actor knows is pregnant at the time of the offense. (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). Acts 2005, 79th Leg., Ch. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. (1) "Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations. September 1, 2015. 573, Sec. (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. (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. 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. September 1, 2011. 46, eff. Acts 2017, 85th Leg., R.S., Ch. (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, 1991; Acts 1993, 73rd Leg., ch. (1) "Family" has the meaning assigned by Section 71.003, Family Code. (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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. 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 (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. September 1, 2007. Sept. 1, 2003. Acts 2009, 81st Leg., R.S., Ch. 34 (S.B. These cases are quite complex and benefit from the expertise of a criminal defense attorney. 900, Sec. Acts 2017, 85th Leg., R.S., Ch. 900, Sec. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1981; Acts 1989, 71st Leg., ch. September 1, 2007. 2, eff. Sept. 1, 1983. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. Acts 2011, 82nd Leg., R.S., Ch. . 2908), Sec. 334, Sec. (b-2)Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony (b)An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense the sentence for the offense was ever imposed or whether the sentence was probated For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 260 (H.B. 22.05. June 11, 2009. (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section Sexual Assault Offense Classification. 1.125(a), eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Jan. 1, 1974. Search Texas Statutes. Deliberately threatening another person with imminent physical harm "Intentionally, knowingly, or recklessly" causing physical harm or injury to another person Using physical contact on a person that is knowingly offensive or provocative 91), Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, (7)a person the actor knows is pregnant at the time of the offense. Jan. 1, 1974. 902), Sec. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 2, eff. 1, eff. 1, eff. 875 (H.B. What is an Assault? Sept. 1, 2001; Acts 2003, 78th Leg., ch. 662, Sec. 1415, Sec. Sec. (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. 16.002, eff. 2, eff. or nolo contendere in return for a grant of deferred adjudication, regardless of whether (3)the offense is committed by intentionally, knowingly, or recklessly impeding the (B)in retaliation for or on account of the person's or employee's performance of (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. 176), Sec. 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.". intercollegiate, or other organized amateur or professional athletic competition and September 1, 2019. Assault by contact is an assault where physical contact is involved. 1, eff. (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. 22.01, assault covers three different types of actions. September 1, 2007. Jan. 1, 1974. . 768), Sec. September 1, 2019. Added by Acts 1983, 68th Leg., p. 5312, ch. (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. (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. A charge of assault can become a crime depending on the type of person being attacked or the type of attack. the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including 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. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1991; Acts 1993, 73rd 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 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing 1101, Sec. 528, Sec. Assault Family Violence Class A Misdemeanor Conduct caused bodily injury Conduct against someone defined by Texas Family Code Assuming no enhancements apply Up to $4,000 fine; up to 365 days in county jail; or up to 2 years of probation Felony Domestic Violence Charges in Texas Assault Family Violence Impede Breath or Circulation Location: (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. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. Copyright 2023, Thomson Reuters. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1985. an elderly individual or disabled individual, as those terms are defined by Section 22.04; (2)a Class B misdemeanor if the offense is committed by a person who is not a sports Sept. 1, 2003. 5, eff. 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. 900, Sec. (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. 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 . Sept. 1, 1989; Acts 1991, 72nd Leg., ch. September 1, 2021. ASSAULT. An assault is legally defined as an offensive contact. Acts 2009, 81st Leg., R.S., Ch. 11, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 1019, Sec. Penal Code 12.22] Confinement in jail for a te rm not to exceed 180 days Fine not to exceed $2,000 1038 (H.B. 719 (H.B. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. Acts 2017, 85th Leg., R.S., Ch. These offense codes are 8 digits long, the first four digits consist of the NCIC Classification of the offense and the last four digits are the Texas specific identifier of the offense. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 2nd Degree Felony for Aggravated Assault. 461 (H.B. 164), Sec. Acts 2007, 80th Leg., R.S., Ch. 187 (S.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2005, 79th Leg., Ch. to force the individual to have an abortion. 14, Sec. 1, eff. 1, eff. Cookie Settings. 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