22.09. Sec. Amended by Acts 1977, 65th Leg., p. 2067, ch. 667), Sec. 62, Sec. as a public servant or status as a security officer or emergency services personnel. 593 (H.B. Acts 2017, 85th Leg., R.S., Ch. 12.22. class b misdemeanor sec. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. 282 (H.B. (B)a person who contracts with the state to perform a service in a civil commitment 1306), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Penal Code Title 5 Texas Penal Code Sec. 553, Sec. (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. The definition of assault is broad. 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. 739, Sec. (b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01. ASSAULT Sec. 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 . (c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b). 1286), Sec. September 1, 2009. | https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/. Assault in the second degree: Class D or C felony. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 900, Sec. Acts 2021, 87th Leg., R.S., Ch. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. 977, Sec. Acts 2007, 80th Leg., R.S., Ch. (3) 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. 18, Sec. Added by Acts 2003, 78th Leg., ch. 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. Added by Acts 1985, 69th Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 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. 6), Sec. 1029, Sec. 788 (S.B. 1038 (H.B. . (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. ASSAULT. (3)a Class A misdemeanor if the offense is committed against a pregnant individual 1.01, eff. Class C misdemeanor Punishment is up to $500 fine only; Prosecuted either in municipal court or the Justice of the Peace. Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; In addition, title 1. introductory provisions chapter 1. general provisions. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. Acts 2013, 83rd Leg., R.S., Ch. power or performance of an official duty as a public servant; (2)a person whose relationship to or association with the defendant is described (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. 977, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 2240), Sec. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (7)a person the actor knows is pregnant at the time of the offense. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 223, Sec. 22.04. 728 (H.B. 2, eff. 685 (H.B. Feb. 1, 2004. (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 (B)the offense is committed by intentionally, knowingly, or recklessly impeding the Added by Acts 1983, 68th Leg., p. 2812, ch. 1, eff. 22.021. Class A misdemeanor "Bodily injury" means physical pain, illness, or any impairment of physical condition - Texas Penal Code 1.07(8); 446, Sec. 16.002, eff. to provide the service; or. (a) A person commits an offense if the person commits assault as defined in Sec. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. 79, Sec. (g)If conduct constituting an offense under this section also constitutes an offense (2) "Spouse" means a person who is legally married to another. 1354), Sec. 1.01, eff. 1, eff. Next . Acts 2017, 85th Leg., R.S., Ch. 6.05, eff. 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". 22.01, assault covers three different types of actions. 1, eff. 594 (H.B. Through social Sept. 1, 2003. (i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode; (ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person; (iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person; (iv) uses or exhibits a deadly weapon in the course of the same criminal episode; (v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or. (1) "Child" means a person 14 years of age or younger. 6), Sec. 1019, Sec. 294, Sec. 5, eff. Acts 1973, 63rd Leg., p. 883, ch. (b-2)Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony September 1, 2005. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. by Section 71.0021(b), 71.003, or 71.005, Family Code; and. (2) notified in writing the Department of Family and Protective Services that the actor would no longer provide the applicable care described by Subsection (d). 440 (H.B. 1.01, eff. 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. (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. September 1, 2021. Sec. 822, Sec. L/D - Level and . The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. According to Texas law, Texas Penal Code Ann. (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. 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. (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 2nd Degree Felony for Aggravated Assault. Sec. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. These cases are quite complex and benefit from the expertise of a criminal defense attorney. Sept. 1, 1994; Acts 1995, 74th Leg., ch. September 1, 2019. 2, eff. Acts 2017, 85th Leg., R.S., Ch. 768), Sec. 284(32), eff. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. 34 (S.B. September 1, 2015. 1, eff. 728 (H.B. Acts 2015, 84th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. This chapter does not apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is: (1) committed by the mother of the unborn child; (2) a lawful medical procedure performed by a physician or other health care provider with the requisite consent; (3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code; or. Assault - last updated April 14, 2021 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. Community service. official duty or in retaliation or on account of an exercise of official power or Sept. 1, 1987; Acts 1989, 71st Leg., ch. 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 . (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. (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. (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. 623 (H.B. intercollegiate, or other organized amateur or professional athletic competition and 1, eff. Amended by Acts 1985, 69th Leg., ch. Acts 2005, 79th Leg., Ch. How Texas Penal Code Ch 22.01 Defines Assault. (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. September 1, 2005. Sept. 1, 2003. (b) An offense under this section is a felony of the second degree . 2908), Sec. 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 What is the current Texas law about Assault? the person's throat or neck or by blocking the person's nose or mouth. Sept. 1, 1983. Sec. (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: (1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to 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) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed: (A) by a public servant acting under color of the servant's office or employment; (B) against 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; (C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; (D) against a person the actor knows is a process server while the person is performing a duty as a process server; or, (E) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or. 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) "Child" has the meaning assigned by Section 22.011(c). committed against a person whose relationship to or association with the defendant 1.01, eff. Acts 2005, 79th Leg., Ch. 91), Sec. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1575), Sec. 1576), Sec. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. 2, eff. SEXUAL OFFENSES. 1, eff. 497, Sec. 21.001(39), eff. Acts 2017, 85th Leg., R.S., Ch. Similarly, while assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors, they can be enhanced to Class A or B misdemeanors when the victim has certain characteristics, like being Sept. 1, 2003. September 1, 2005. 2, eff. (4)Sports participant means a person who participates in any official capacity with respect to an interscholastic, the benefit of the general public during emergency situations. who, in the course and scope of employment or as a volunteer, provide services for 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, 1981; Acts 1981, 67th Leg., p. 2397, ch. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly causes bodily injury to another, including If simple assault involves assaulting an athlete or . PENAL CODE. (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. 1, eff. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. by Section 71.0021(b), 71.003, or 71.005, Family Code; or. 1, 2, eff. 1.01, eff. Acts 2019, 86th Leg., R.S., Ch. 22.01. August 1, 2005. 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 . (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. Sec. 1, eff. Jan. 1, 1974. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 00 all the way to decades in prison. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. 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. 187 (S.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. (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. (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section 1, eff. (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. Misdemeanors are punishable by a year or less in a local jail, a fine, or both. 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; Sept. 1, 1981; Acts 1989, 71st Leg., ch. 22.01. 858 (H.B. 53a-60b. is a peace officer or judge while the officer or judge is lawfully discharging an Acts 2017, 85th Leg., R.S., Ch. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. sec. 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. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. or staff member. 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 Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (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. (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. (3) "Household" has the meaning assigned by Section 71.005, Family Code. Sec. Continuous Violence Against the Family is a Third-Degree Felony. 1101, Sec. 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. (8) a person the actor knows is pregnant at the time of the offense. 1, eff. 705), Sec. 399, Sec. Class C misdemeanors are the least serious crimes under Texas Penal code. 2)"use or exhibits a deadly weapon during the commission of the assault". 2, eff. Amended by Acts 1979, 66th Leg., p. 1114, ch. 549), Sec. 662, Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (a) A person commits an offense if the person commits assault as defined in 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 29, eff. 165, Sec. 2, eff. 904, Sec. . 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. 2.08, eff. Acts 1973, 63rd Leg., p. 883, ch. 1286, Sec. Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. 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 Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. (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. Amended by Acts 1979, 66th Leg., p. 367, ch. Acts 2009, 81st Leg., R.S., Ch. Class a assault texas penal code. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. When the conduct is engaged in recklessly, the offense is a state jail felony. (2) a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense listed in those subsections is a conviction of the offense listed. 202, Sec. 481, Sec. discharging an official duty, or in retaliation or on account of an exercise of official September 1, 2011. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. September 1, 2011. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. 335, Sec. 1, eff. 399, Sec. (2) "Elderly individual" means a person 65 years of age or older. 361 (H.B. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 1286, Sec. increasing citizen access. 1, eff. 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