623 (H.B. (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. (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. (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. consequences of a conviction for assault under Texas Penal Code 22.01. (c-1) Notwithstanding Subsection (c)(2), an offense under Subsection (a)(2) is a state jail felony if the offense is committed against a person the actor knows is a peace officer or judge. Contact us. 12.23. class c misdemeanor . 334, Sec. 900, Sec. 593 (H.B. Acts 2007, 80th Leg., R.S., Ch. June 11, 2009. when it is a prohibited person of marriage. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1114, ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. September 1, 2011. 6.05, eff. 91), Sec. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope 1102, Sec. 003, Health and Safety Code, emergency room personnel, and other individuals (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. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. (2) not attended by an individual in the vehicle who is 14 years of age or older. -2nd Degree Felony-. 335, Sec. 334, Sec. 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 (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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 788 (S.B. (f) The minimum term of imprisonment for an offense under this section is increased to 25 years if: (1) the victim of the offense is younger than six years of age at the time the offense is committed; or. Added by Acts 1999, 76th Leg., ch. 2908), Sec. September 1, 2005. Amended by Acts 2003, 78th Leg., ch. (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. September 1, 2005. 3, eff. 1420, Sec. Added by Acts 1984, 68th Leg., 2nd C.S., ch. (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. by Section 71.0021(b), 71.003, or 71.005, Family Code; and. capacity as a sports participant; or, (B)in retaliation for or on account of the participant's performance of a duty or Search Texas Statutes. 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. (d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony. September 1, 2007. 6), Sec. (c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded. 53a-60b. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. 900, Sec. Stay up-to-date with how the law affects your life. (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. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. ASSAULTIVE OFFENSES 22.01. 440 (H.B. 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: 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 22.021. Assault - last updated April 14, 2021 268 (S.B. September 1, 2019. 142, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (last accessed Jun. The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. 1, eff. 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 . 875 (H.B. 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. Acts 2019, 86th Leg., R.S., Ch. 33, eff. 6, eff. 19, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 2, eff. Sexual Assault, except as provided by Subdivision (1) Arson Trafficking of Persons under Section 20A.02 (a) (1), (2), (3), or (4), Penal Code Compelling Prostitution under Section 43.05 (a) (1), Penal Code Felonies with a 7 year statute of limitation: Misapplication of fiduciary property or property of a financial institution 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. 22.02. (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. Current as of April 14, 2021 | Updated by FindLaw Staff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (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, 1983; Acts 1983, 68th Leg., p. 5311, ch. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. Acts 1973, 63rd Leg., p. 883, ch. (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. The law defines "family violence" under the Family Code as assault towards a member of the family (by blood) or household. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 14, Sec. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. (a) A person commits an offense if the person commits assault as defined in Sec. 1028, Sec. September 1, 2021. While Class C misdemeanors don't require jail time, these charges still come with a hefty fine. Nevertheless, they become Class A or B misdemeanor offenses . 1, 2, eff. An assault is classified as a class a misdemeanor if bodily injury was caused. . 461 (H.B. September 1, 2019. A person convicted of a Class C misdemeanor in Texas can expect the following penalties: Fines up to $500. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 620, Sec. 2005 Texas Penal Code CHAPTER 22. 481, Sec. Sec. (B)a person who contracts with the state to perform a service in a civil commitment (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2021. 659, Sec. (7)a person the actor knows is pregnant at the time of the offense. An offensive contact is a class C assault which is up to a $500 fine. 1158, Sec. 2, eff. Class C misdemeanors are a type of crime in Texas. 1, eff. 1, eff. (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. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. Acts 2017, 85th Leg., R.S., Ch. Sec. 788 (S.B. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. When the conduct is engaged in recklessly, the offense is a state jail felony. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 00 all the way to decades in prison. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 643), Sec. 2, eff. 3, eff. 34 (S.B. 6), 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. 955 (S.B. 16, Sec. as a public servant or status as a security officer or emergency services personnel. 1, eff. Acts 2009, 81st Leg., R.S., Ch. September 1, 2005. Sept. 1, 1994. Offensive or Provocative Contact. 2, Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Acts 2021, 87th Leg., R.S., Ch. (f) An offense under Subsection (c) is a state jail felony. 165, Sec. In addition, 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1.01, eff. (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. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 2003. 1052, Sec. Texas Penal Code . L/D - Level and . (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; Acts 2017, 85th Leg., R.S., Ch. DEFINITIONS. 719 (H.B. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. 62, Sec. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 3, eff. 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). Acts 2005, 79th Leg., Ch. 900, Sec. 3, eff. September 1, 2019. 584 (S.B. performance of an official duty as a peace officer or judge. Sept. 1, 1985; Acts 1987, 70th Leg., ch. September 1, 2017. 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 . Sec. or provocative. is a conviction of the offense listed. or staff member. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. 11, eff. According to Texas law, Texas Penal Code Ann. 1095), Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. September 1, 2007. 427 (H.B. 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 Sec. 21.002(14), eff. Acts 2007, 80th Leg., R.S., Ch. Oct. 2, 1984. An offense under this section is a Class C misdemeanor. 1, eff. September 1, 2009. 2, eff. 705), Sec. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. (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-2)Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony (h) It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code. Acts 2009, 81st Leg., R.S., Ch. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1087, Sec. PENAL CODE. Class a assault texas penal code. 436 (S.B. 29), Sec. TITLE 5. 273, Sec. Acts 2017, 85th Leg., R.S., 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. 1.01, eff. Sept. 1, 1994. 788 (S.B. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2021. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. Misdemeanors are punishable by a year or less in a local jail, a fine, or both. Sept. 1, 1999. 399, Sec. (b) An offense under this section is a Class C misdemeanor. Sept. 1, 2003. 22.01. September 1, 2005. sec. (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. Amended by Acts 1979, 66th Leg., p. 367, ch. Added by Acts 1985, 69th Leg., ch. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (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. Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 1.125(a), eff. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. 01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. Texas Penal Code - PENAL 22.012. 176), Sec. Acts 2019, 86th Leg., R.S., Ch. the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including (c) Section 25.07(a), Penal Code, is amended to read as follows: (a) A person commits an offense if, in violation of a . 399, Sec. Jan. 1, 1974. (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. According to Texas Penal Code, Section 22.01 (a) (3), a person has committed the misdemeanor offense of assault by contact if the person: "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.". Acts 2009, 81st Leg., R.S., Ch. 29, eff. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. (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. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. 1, 2, eff. 1038 (H.B. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1981; Acts 1989, 71st Leg., ch. Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; 977, Sec. 604, Sec. Sec. 21.01. Acts 2005, 79th Leg., Ch. Sept. 1, 2001. Continuous Violence Against the Family is a Third-Degree Felony. 467 (H.B. Acts 2005, 79th Leg., Ch. 2, eff. Join thousands of people who receive monthly site updates. Acts 1973, 63rd Leg., p. 883, ch. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 3, eff. 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 . September 1, 2005. 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. Degree felony assault consequences of a drug in accordance with law or administration of sexual... 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