184), Sec. 2552), Sec. 22.08. Sexual Assault Offense Classification. 2, eff. 294, Sec. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. Through social (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. (d) In this section, "correctional or detention facility" means: (2) a "secure correctional facility" or a "secure detention facility" as defined by Section 51.02, Family Code, operated by or under contract with a juvenile board or the Texas Juvenile Justice Department or any other facility operated by or under contract with that department. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 461 (H.B. 1, eff. 1, eff. Acts 2017, 85th Leg., R.S., Ch. (c)An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that September 1, 2011. ASSAULT Sec. (B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; (4) a person the actor knows is a security officer while the officer is performing a duty as a security officer; (5) a person the actor knows is emergency services personnel while the person is providing emergency services; (6) a person the actor knows is a process server while the person is performing a duty as a process server; (7) a pregnant individual to force the individual to have an abortion; or. 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 549), Sec. (B) a person who contracts with the state to perform a service in a civil commitment facility or an employee of that person: (i) 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 the state to provide the service; or. Jan. 1, 1974. 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, eff. ABANDONING OR ENDANGERING CHILD. September 1, 2017. How Texas Penal Code Ch 22.01 Defines Assault. 620 (S.B. 11, eff. September 1, 2017. (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. Assault by contact is an assault where physical contact is involved. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 1, eff. ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. Acts 2017, 85th Leg., R.S., Ch. 2, eff. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. 2.04, eff. What is the current Texas law about Assault? as a public servant or status as a security officer or emergency services personnel. 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 Acts 2009, 81st Leg., R.S., Ch. 2066), Sec. 436 (S.B. (4)Sports participant means a person who participates in any official capacity with respect to an interscholastic, 155, Sec. 4.02, eff. . Feb. 1, 2004. the sentence for the offense was ever imposed or whether the sentence was probated 1, eff. 1, 2, eff. 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 620 (S.B. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. 1, eff. (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. Criminal bodily harm includes injuries sustained by a . (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. 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; 7, 2021). Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 1031, Sec. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to: (1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies; (2) place any person in fear of imminent serious bodily injury; (3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place; (4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service; (5) place the public or a substantial group of the public in fear of serious bodily injury; or. Location: There is no bail bond amount in this case, and the defendant is released to appear for a court date. 2908), Sec. 6), Sec. texas penal code. 3, eff. September 1, 2017. 5, eff. Texas Penal Code - PENAL 22.012. 1259), Sec. 1808), Sec. When the conduct is engaged in recklessly, the offense is a felony of the second degree. (a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is: (1) younger than seven years of age; and. 268 (S.B. It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. Sept. 1, 1994; Acts 2003, 78th Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 139, Sec. September 1, 2005. Sept. 1, 1997; Acts 1997, 75th Leg., ch. class a misdemeanor sec. (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. 788 (S.B. 1, 2, eff. 1549), 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. intercollegiate, or other organized amateur or professional athletic competition and 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 22.07. (B)the offense is committed by intentionally, knowingly, or recklessly impeding the However, they are still more serious than infractions. 553, Sec. 3, eff. Added by Acts 1983, 68th Leg., p. 2812, ch. LEAVING A CHILD IN A VEHICLE. 900, Sec. 665 (H.B. 688), Sec. Acts 2017, 85th Leg., R.S., Ch. 164), 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 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. 91), Sec. Sept. 1, 1981; Acts 1989, 71st Leg., ch. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. we provide special support Misdemeanors are punishable by a year or less in a local jail, a fine, or both. 643), Sec. 284(32), eff. power or performance of an official duty as a public servant; (2)a person whose relationship to or association with the defendant is described 2, eff. by Section 71.0021(b), 71.003, or 71.005, Family Code; or. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Search by Keyword or Citation. 584 (S.B. Added by Acts 1984, 68th Leg., 2nd C.S., ch. 2, eff. 22.05. 1, eff. 12, 13, eff. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. Texas Penal Code has a specific statute for continuous violence against the family. 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. September 1, 2017. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. Prev. who, in the course and scope of employment or as a volunteer, provide services for Sept. 1, 1999; Acts 1999, 76th Leg., ch. 6.05, eff. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. TEXAS PENAL CODE Offense Punishment ex. by Section 71.0021(b), 71.003, or 71.005, Family Code; and. September 1, 2009. 1.01, eff. What is an Assault? 22.02. 14.829, eff. September 1, 2009. Sept. 1, 2003. (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. 900, Sec. 334, Sec. 19, eff. 1, eff. 282 (H.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. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. 788 (S.B. commitment facility; or, (ii)in retaliation for or on account of an exercise of official power or performance of the second degree if the offense is committed against a person the actor knows (2) not attended by an individual in the vehicle who is 14 years of age or older. 5, eff. Penal Code 12.22] Confinement in jail for a te rm not to exceed 180 days Fine not to exceed $2,000 1306), Sec. 2908), Sec. 417, Sec. Acts 1973, 63rd Leg., p. 883, ch. Class a assault texas penal code. (3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and: (A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle; (B) is reckless as to whether the habitation, building, or vehicle is occupied; and. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. 2, eff. September 1, 2019. 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: (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. An assault is legally defined as an offensive contact. Sept. 1, 1995; Acts 1997, 75th Leg., ch. a service within the scope of the contract. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. 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, 2021. 3, eff. 878, Sec. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, 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. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 620, Sec. 1019, Sec. (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. TERRORISTIC THREAT. 1, 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 of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. 900, Sec. Acts 2011, 82nd Leg., R.S., 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. September 1, 2021. . 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 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 . Added by Acts 1983, 68th Leg., p. 5312, ch. 1, eff. 53a-60b. 2nd Degree Felony for Aggravated Assault. that are substantially similar to the elements of an offense listed in those subsections 1, eff. Sec. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. We will always provide free access to the current law. September 1, 2017. 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. The punishment according to Sec. (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). 1.01, eff. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Sept. 1, 2001. (3) "Household" has the meaning assigned by Section 71.005, Family Code. Sept. 1, 1995; Acts 1995, 74th Leg., ch. OFFENSES AGAINST THE PERSON CHAPTER 22. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. Let's dive into the statute and see what's going on here. (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. 3019), Sec. (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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. September 1, 2005. 22.01, assault covers three different types of actions. 2, Sec. 1, 2, eff. (d) The defense provided by Section 22.011(d) applies to this section. DEADLY CONDUCT. Original Source: Sept. 1, 1994; Acts 1995, 74th Leg., ch. It is also important to note that after being convicted of domestic violence, all subsequent convictions could be enhanced. 819, Sec. (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. 22.01. 593 (H.B. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 2003. Acts 1973, 63rd Leg., p. 883, ch. While Class C misdemeanors don't require jail time, these charges still come with a hefty fine. 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. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. (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. Acts 1973, 63rd Leg., p. 883, ch. 6, eff. 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. Sec. Assault in the second degree: Class D or C felony. 900, Sec. 734 (H.B. Amended by Acts 1979, 66th Leg., p. 1114, ch. 1, eff. Acts 2009, 81st Leg., R.S., Ch. 1.125(a), eff. (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. Amended by Acts 1993, 73rd Leg., ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 655, Sec. 1 (S.B. September 1, 2005. 194), Sec. Acts 2013, 83rd Leg., R.S., Ch. If simple assault involves assaulting an athlete or . Sept. 1, 2001; Acts 2003, 78th Leg., ch. Often, verbal threats are made in response to a challenging or tense situation, and the person making them may not mean what they say. (a) A person commits an offense if, with the intent to assault, harass, or alarm, the person: (1) while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal; (2) while committed to a civil commitment facility, causes: (A) an officer or employee of the Texas Civil Commitment Office to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (B) a person who contracts with the state to perform a service in the facility or an employee of that person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; or.