318, Sec. Class a assault texas penal code. 2, eff. of an official duty by the officer or employee; or. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1, eff. 1306), Sec. 495), Sec. 1, eff. Added by Acts 1999, 76th Leg., ch. Assault Causing Bodily Injury. 22.01. 788 (S.B. (a-1) A person commits an offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, boarding home facility, intermediate care facility for persons with an intellectual or developmental disability, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility: (2) serious mental deficiency, impairment, or injury; or. 6, eff. (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. (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. 318, Sec. 34 (S.B. 1101, Sec. September 1, 2005. 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; 14.829, eff. 27.01, eff. Acts 2007, 80th Leg., R.S., Ch. 900, Sec. Added by Acts 1983, 68th Leg., p. 5312, ch. or provocative. 1, eff. (3)intentionally or knowingly causes physical contact with another when the person increasing citizen access. 900, Sec. 528, Sec. 977, Sec. Under Texas Penal Code Ch 22.01 - Assault, an individual commits misdemeanor assault if they intentionally, knowingly, or recklessly: Cause bodily injury to another; Threaten bodily injury to another; Cause physical contact with another, while knowing the . (c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment. September 1, 2009. (c) An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense: (1) is committed against a member of the person's family or household or otherwise constitutes family violence; or. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. Class A misdemeanor "Bodily injury" means physical pain, illness, or any impairment of physical condition - Texas Penal Code 1.07(8); (1) "Family" has the meaning assigned by Section 71.003, Family Code. Jan. 1, 1974. 896, Sec. 22.09. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. to provide the service; or. September 1, 2021. of the contract, if the actor knows the person or employee is authorized by the state 223, Sec. 2066), Sec. 900, Sec. September 1, 2005. (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. 1, eff. 2, eff. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. If simple assault involves assaulting an athlete or . Search by Keyword or Citation. normal breathing or circulation of the blood of the person by applying pressure to September 1, 2011. 1, eff. 8), Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 260 (H.B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 604, 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. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 22.06. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. 1, 2, eff. 2589), Sec. 1.01, eff. 819, Sec. 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; 662, Sec. 1, eff. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). as a public servant or status as a security officer or emergency services personnel. Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; Added by Acts 2003, 78th Leg., ch. 530, Sec. 1, eff. 01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. Sept. 1, 1994. (b-3)Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony if the person was wearing a distinctive uniform or badge indicating the person's employment (b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm. Nevertheless, they become Class A or B misdemeanor offenses . (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. 659, Sec. (j) Written notification under Subsection (i)(2) or (i)(3) is not effective unless it contains the name and address of the actor, the name and address of the child, elderly individual, or disabled individual, the type of care provided by the actor, and the date the care was discontinued. (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. While jail time is not an option, you could still be left on file with a conviction for assault. 1, eff. Sept. 1, 1994. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 294, Sec. 79, Sec. 6.05, eff. Acts 2005, 79th Leg., Ch. Sec. 14, Sec. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. September 1, 2009. 2.08, eff. (b) An offense under this section is a felony of the third degree. (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. 1286, Sec. 142, eff. (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. 1, eff. Next . 1, eff. September 1, 2017. and the defendant was subsequently discharged from community supervision; and. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Sec. 34, eff. 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. (b-1)Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Sec. 1, eff. While Class C misdemeanors don't require jail time, these charges still come with a hefty fine. knows or should reasonably believe that the other will regard the contact as offensive 1, eff. 7, 2021). 260 (H.B. (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. Felony Penalties 3, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. September 1, 2015. 361 (H.B. 2908), Sec. or staff member. It is also important to note that after being convicted of domestic violence, all subsequent convictions could be enhanced. September 1, 2019. (d)For purposes of Subsection (b), the actor is presumed to have known the person 1, eff. 904, Sec. (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. a service within the scope of the contract; (4)a person the actor knows is a security officer while the officer is performing (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. Acts 2019, 86th Leg., R.S., Ch. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. ASSAULT Sec. 7, eff. September 1, 2011. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (ii)in retaliation for or on account of the person's or employee's performance of An offense under Subsection (c) is a felony of the third degree. Prev. 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: 4, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. texas penal code. (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. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. Added by Acts 1983, 68th Leg., p. 5312, ch. Cite this article: FindLaw.com - Texas Penal Code - PENAL 22.01. 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 . Acts 2005, 79th Leg., Ch. 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. Sec. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. September 1, 2021. (b) An offense under this section is a Class C misdemeanor. 19, eff. What is an Assault? Acts 2021, 87th Leg., R.S., Ch. 187 (S.B. 903, Sec. Class C misdemeanors are the least serious crimes under Texas Penal code. Acts 2017, 85th Leg., R.S., Ch. intercollegiate, or other organized amateur or professional athletic competition and In addition, 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 Acts 2017, 85th Leg., R.S., Ch. 399, Sec. APPLICABILITY TO CERTAIN CONDUCT. 1, 2, eff. June 11, 2009. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (f) An offense under Subsection (c) is a state jail felony. (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). (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. 788, 6. 76, Sec. 1, 2, eff. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. Sec. (1) "Child" has the meaning assigned by Section 22.011(c). September 1, 2017. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Indecent Assault. Acts 2007, 80th Leg., R.S., Ch. 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) The definition of assault is broad. 1, eff. (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 18, Sec. Acts 2017, 85th Leg., R.S., Ch. 1808), Sec. Acts 2019, 86th Leg., R.S., Ch. 900, Sec. 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. 388, Sec. -2nd Degree Felony-. LEAVING A CHILD IN A VEHICLE. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section 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 https://texas.public.law/statutes/tex._penal_code_section_22.01. In fact, class C misdemeanors do not require any jail time. 1, eff. 1.02. objectives of code . (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, 2007. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. 900, Sec. Unless. (C) in discharging the firearm, causes serious bodily injury to any person. 15.02(b), eff. 62, Sec. Public intoxication (Penal Code 49.02), Assault by contact (Penal Code 22.01(a)(3)), Theft of less than $100 (Penal Code 31.03), September 1, 2017. (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 1, eff. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 2, eff. 623 (H.B. 620, Sec. (4) "Sports participant" means a person who participates in any official capacity with respect to an interscholastic, intercollegiate, or other organized amateur or professional athletic competition and includes an athlete, referee, umpire, linesman, coach, instructor, administrator, or staff member. 788 (S.B. 91), Sec. 194), Sec. 1, eff. 949 (H.B. 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. Sept. 1, 2003; Acts 2003, 78th Leg., 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 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 Sept. 1, 2003. Jan. 1, 1974. 164, Sec. 1576), Sec. (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. When the conduct is engaged in recklessly, the offense is a state jail felony. 14, Sec. ASSAULT. 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