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 . (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, 1989; Acts 1991, 72nd Leg., ch. 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. Sexual Assault Offense Classification. 14, Sec. Amended by Acts 1989, 71st Leg., ch. Jan. 1, 1974. | https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/. we provide special support (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. 495), Sec. September 1, 2013. ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. Texas Penal Code has a specific statute for continuous violence against the family. (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. 1576), Sec. 1, 2, eff. Unless. 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. 2908), Sec. Sec. 3, eff. 1, eff. 318, 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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 955 (S.B. Acts 2007, 80th Leg., R.S., Ch. CHAPTER 21. 260 (H.B. 16, Sec. performance of an official duty as a peace officer or judge. Current as of April 14, An offense under this section is a Class A misdemeanor. -2nd Degree Felony-. Sept. 1, 1983; Acts 1987, 70th Leg., ch. April 14, 1987; Acts 1987, 70th Leg., ch. (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. Texas Disciplinary Rules of Professional Conduct, the attorney . 1306), Sec. Acts 1973, 63rd Leg., p. 883, ch. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Sept. 1, 1985. (1) "Child" means a person younger than 17 years of age. (2)Repealed by Acts 2005, 79th Leg., ch. September 1, 2017. 751 (H.B. 3, eff. Acts 2021, 87th Leg., R.S., Ch. or nolo contendere in return for a grant of deferred adjudication, regardless of whether 15.02(a), eff. 29, eff. 1, eff. 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. Join thousands of people who receive monthly site updates. 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 24), Sec. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. Acts 2017, 85th Leg., R.S., Ch. 14, Sec. 2.08, eff. 900, Sec. . Original Source: Sept. 1, 1995; Acts 1995, 74th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. 22.01, assault covers three different types of actions. The definition of assault is broad. 10, 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. (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force, violence, or coercion; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to the other person, and the other person believes that the actor has the present ability to execute the threat; (3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; (4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; (5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; (6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge; (7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; (8) the actor is a public servant who coerces the other person to submit or participate; (9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor; (10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; (11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code; (12) the actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor; (13) the actor is a coach or tutor who causes the other person to submit or participate by using the actor's power or influence to exploit the other person's dependency on the actor; or. Sept. 1, 1983. 29), Sec. 202, Sec. Class A misdemeanor "Bodily injury" means physical pain, illness, or any impairment of physical condition - Texas Penal Code 1.07(8); 594 (H.B. 11, eff. OFFENSES AGAINST THE PERSON. 1, eff. 1306), Sec. Sec. 388, Sec. 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 sec. September 1, 2011. 12.23. class c misdemeanor . for non-profit, educational, and government users. ASSAULTIVE OFFENSES Sec. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. (B) who otherwise by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self. (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. (3) "Disabled individual" means a person older than 13 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self. Jan. 1, 1974. 1, eff. All rights reserved. September 1, 2021. 27, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. 705), Sec. Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 1286), Sec. (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. 896, Sec. Amended by Acts 1987, 70th Leg., ch. 2, eff. 822, Sec. (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 . 1, eff. 7031 Koll Center Pkwy, Pleasanton, CA 94566. (b-2)Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony 7, 2021). 1, eff. (e) For purposes of Subsection (a)(3), the actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant. Acts 2017, 85th Leg., R.S., Ch. Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. 165, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1808), Sec. 467 (H.B. 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 939, Sec. 176), Sec. September 1, 2019. (b) An offense under this section is a felony of the second degree . 900, Sec. Sept. 1, 1994. 739, Sec. 22.11. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 2003. 773. Location: 1029, Sec. 1, eff. 1.01, eff. September 1, 2009. 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; (C) the victim is an elderly individual or a disabled individual. Sec. 162, Sec. 62, Sec. 2, eff. What is an Assault? Acts 2019, 86th Leg., R.S., Ch. 12.23 of the Texas Criminal Penal Code states, "An individual convicted of a Class C misdemeanor shall be punished by a fine not to exceed $500". How Texas Penal Code Ch 22.01 Defines Assault. 12, 13, eff. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1999; Acts 1999, 76th Leg., ch. September 1, 2005. 1.01, eff. Offensive or Provocative Contact. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 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: 1, eff. to force the individual to have an abortion. 2, eff. the person's spouse; or. 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; In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. 2, eff. Sept. 1, 2003. ASSAULT Sec. Amended by Acts 1979, 66th Leg., p. 1114, ch. 34 (S.B. class a misdemeanor sec. (2) not attended by an individual in the vehicle who is 14 years of age or older. 1415, Sec. Sept. 1, 1999. 1, eff. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. 2908), Sec. 440 (H.B. Criminal bodily harm includes injuries sustained by a . 3, eff. 2, eff. Acts 2007, 80th Leg., R.S., Ch. 14.829, eff. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 335, Sec. SEXUAL OFFENSES. 949 (H.B. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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 (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. September 1, 2021. (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. TAMPERING WITH CONSUMER PRODUCT. 1)"Causes serious Bodily INJURY to another, including the person's spouse". 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 Acts 2021, 87th Leg., R.S., Ch. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. September 1, 2017. Feb. 1, 2004. (2) uses or exhibits a deadly weapon during the commission of the assault. Reenacted and amended by Acts 2005, 79th Leg., Ch. 1.01, eff. 1, eff. (c) The actor is presumed to have known the person assaulted was a public servant or a security officer 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. https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/, Read this complete Texas Penal Code - PENAL 22.01. September 1, 2005. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. 858 (H.B. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. September 1, 2017. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 194), Sec. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. 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. 135, Sec. 18, eff. 1576), Sec. September 1, 2021. 1, eff. Aggravated Assault: Explained. 2, eff. 788 (S.B. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). 3, eff. 15.02(b), eff. September 1, 2017. 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. 3019), Sec. 593 (H.B. 2, eff. 1, eff. The texas penal code defines an aggravated assault charge as an assault using or threatening to use a deadly weapon. (3)intentionally or knowingly causes physical contact with another when the person 361 (H.B. (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 2009, 81st Leg., R.S., Ch. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. Acts 2017, 85th Leg., R.S., Ch. Texas Penal Code 22.02 (a) states that a person commits an offense if the person commits assault as defined in 22.01 and the person: Causes serious bodily injury to another, including the person's spouse; or Uses or exhibits a deadly weapon during the commission of the assault. 91), Sec. 461 (H.B. the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including APPLICABILITY TO CERTAIN CONDUCT. ASSAULT. 27.01, 31.01(68), eff. 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) Sept. 1, 1994; Acts 1995, 74th Leg., ch. Community service. (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. (a) A person commits an offense if the person commits assault as defined in Sec. 549), Sec. If simple assault involves assaulting an athlete or . Sec. 788 (S.B. (2)a conviction under the laws of another state for an offense containing elements Sept. 1, 2001; Acts 2003, 78th Leg., ch. 553, Sec. (g) 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 or both sections. 16.002, eff. (C) in discharging the firearm, causes serious bodily injury to any person. To another, including the person & # x27 ; s spouse quot! Acts with criminal negligence, Government Code x27 ; s spouse & quot ; an using... The meaning assigned by Section 71.004, Family Code blog or contact the Clark Law today. 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