(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. 440 (H.B. 1.01, eff. (b) An offense under this section is a Class A misdemeanor. Assault in the second degree: Class D or C felony. Acts 2005, 79th Leg., Ch. 2, eff. (A) the actor was not more than three years older than the victim and at the time of the offense: (i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or, (ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and, (i) was a child of 14 years of age or older; and, (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. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope (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. 29, eff. 1101, Sec. 21.002(14), eff. 461 (H.B. 24, eff. (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. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. Amended by Acts 1977, 65th Leg., p. 2067, ch. Acts 2019, 86th Leg., R.S., Ch. 2, eff. Acts 1973, 63rd Leg., p. 883, ch. (c) A person commits an offense if he knowingly or intentionally threatens to tamper with a consumer product with the intent to cause fear, to affect the sale of the consumer product, or to cause bodily injury to any person. Sec. 1164), Sec. Sec. Acts 2009, 81st Leg., R.S., Ch. 22.08. 7031 Koll Center Pkwy, Pleasanton, CA 94566. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (2) "Elderly individual" means a person 65 years of age or older. Acts 1973, 63rd Leg., p. 883, ch. 2, eff. You'll have to pay up to $500 if you're charged with Class C assault in Texas. Sept. 1, 1983. 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 900, Sec. 1286, Sec. 1, eff. Acts 2021, 87th Leg., R.S., Ch. 284 (S.B. Acts 2017, 85th Leg., R.S., Ch. 21.01. September 1, 2007. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1, eff. 7, 2021). 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 sec. September 1, 2009. 91), Sec. Class a assault texas penal code. 1, eff. (b)An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense 1, eff. (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. 7, eff. 3, eff. (h) A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. Sept. 1, 1994; Acts 1995, 74th Leg., ch. September 1, 2005. (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. 594 (H.B. September 1, 2015. a service within the scope of the contract. 655, Sec. 62, Sec. 22.05. (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. (ii)in retaliation for or on account of the person's or employee's performance of 1, eff. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. 399, Sec. September 1, 2007. Jan. 1, 1974. . (2) "Spouse" means a person who is legally married to another. 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; 1, eff. 1038 (H.B. the offense is: (1)a Class A misdemeanor if the offense is committed under Subsection (a)(3) against Amended by Acts 1993, 73rd Leg., ch. 284(32), eff. Sec. 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 728 (H.B. 2, eff. (d)For purposes of Subsection (b), the actor is presumed to have known the person It is also important to note that after being convicted of domestic violence, all subsequent convictions could be enhanced. -2nd Degree Felony-. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 22.01. Sec. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or . (1) "Family" has the meaning assigned by Section 71.003, Family Code. 1259), Sec. 16.003, eff. by Section 71.0021(b), 71.003, or 71.005, Family Code; or. that are substantially similar to the elements of an offense listed in those subsections In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. September 1, 2017. September 1, 2017. 1, eff. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. 896, Sec. 1.01, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. 809, 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 1038 (H.B. is a conviction of the offense listed. (7)a person the actor knows is pregnant at the time of the offense. 1, eff. Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. Assault is a common charge in . Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Acts 2015, 84th Leg., R.S., 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. September 1, 2005. September 1, 2009. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the PENAL CODE. 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. Acts 2017, 85th Leg., R.S., Ch. 22.07. 3, eff. 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 335, Sec. Sept. 1, 2003. 24, Sec. Acts 2021, 87th Leg., R.S., Ch. (b-3)Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony 1 (S.B. 22.021. 260 (H.B. 1, eff. 34 (S.B. Public intoxication (Penal Code 49.02), Assault by contact (Penal Code 22.01(a)(3)), Theft of less than $100 (Penal Code 31.03), Acts 2021, 87th Leg., R.S., Ch. 1420, Sec. Sept. 1, 1983. 34, eff. 784 (H.B. 623 (H.B. However, they are still more serious than infractions. who, in the course and scope of employment or as a volunteer, provide services for Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. September 1, 2005. 29), Sec. includes an athlete, referee, umpire, linesman, coach, instructor, administrator, Sept. 1, 2003. Acts 2005, 79th Leg., Ch. (l) It is an affirmative defense to prosecution under this section: (1) that the act or omission was based on treatment in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy; (2) for a person charged with an act of omission causing to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that: (A) there is no evidence that, on the date prior to the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and. Acts 2011, 82nd Leg., R.S., Ch. Sec. the person's spouse; or. 467 (H.B. as a public servant or status as a security officer or emergency services personnel. (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. 1306), Sec. September 1, 2019. 900, Sec. Acts 2005, 79th Leg., Ch. 2, eff. September 1, 2017. TITLE 5. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1983; Acts 1987, 70th Leg., ch. (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. 788, 6. September 1, 2011. 3, eff. Sec. AIDING SUICIDE. Acts 2019, 86th Leg., R.S., Ch. increasing citizen access. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. Added by Acts 2003, 78th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. intercollegiate, or other organized amateur or professional athletic competition and 53a-60. 3, eff. 573, Sec. Assault by Contact According to Section 22.01 of Texas Penal Code, a person commits misdemeanor assault in Texas if he or she: intentionally, knowingly or recklessly causes bodily injury to another including their spouse (ABI and ABI-FM); intentionally or knowingly threatens another with imminent bodily injury (Assault by Threat); or 584 (S.B. 1, 2, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. by Section 71.0021(b), 71.003, or 71.005, Family Code; and. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. 14, Sec. Acts 2005, 79th Leg., Ch. September 1, 2017. 22.06. Through social Join thousands of people who receive monthly site updates. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (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. 76, Sec. 1, eff. (a) A person commits an offense if: (1) the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or, (C) 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. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (e) An offense under this section is a felony of the first degree. Amended by Acts 1979, 66th Leg., p. 367, ch. September 1, 2005. An assault is classified as a class a misdemeanor if bodily injury was caused. 946), Sec. L/D - Level and . 900, Sec. with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; (2)it is shown on the trial of the offense that the defendant has been previously 685 (H.B. 904, Sec. 1, eff. 553, Sec. 15.02(a), eff. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. Section 22.01 Assault, Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. normal breathing or circulation of the blood of the person by applying pressure to 142, eff. Sec. when it is a prohibited person of marriage. https://texas.public.law/statutes/tex._penal_code_section_22.01. (d) Except as provided by Subsection (e), an offense under Subsection (b) is: (1) a state jail felony if the actor abandoned the child with intent to return for the child; or. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 4, eff. Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . Class C misdemeanors are the least serious crimes under Texas Penal code. The punishment according to Sec. 1576), Sec. According to Texas Penal Code 22.01, you could be arrested for the crime of simple assault if you intentionally, knowingly or recklessly cause bodily injury to another person, threaten another person with imminent bodily harm or cause physical contact with another person that you know is provocative or offensive. 3, eff. 1008, Sec. Jan. 1, 1974. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sec. OFFENSES AGAINST THE PERSON CHAPTER 22. September 1, 2007. (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. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. 1, eff. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. a service within the scope of the contract; (4)a person the actor knows is a security officer while the officer is performing or provocative. under another section of this code, the actor may be prosecuted under either section 22.09. (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. An offense under Subsection (a-1) is a state jail felony when the person, with criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), or (3). ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. (2) a state jail felony if the offense is committed under Subsection (a)(1) and the actor has not received express consent as described by Subsection (b)(12). 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. Texas Disciplinary Rules of Professional Conduct, the attorney . (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. 91), Sec. (m) It is an affirmative defense to prosecution under Subsections (a)(1), (2), and (3) for injury to a disabled individual that the person did not know and could not reasonably have known that the individual was a disabled individual, as defined by Subsection (c), at the time of the offense. The texas penal code defines an aggravated assault charge as an assault using or threatening to use a deadly weapon. September 1, 2013. 1, eff. 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; Often, verbal threats are made in response to a challenging or tense situation, and the person making them may not mean what they say. Knows is pregnant at the time of the person by applying pressure to 142 eff... 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