1, eff. September 1, 2005. Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. (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. Through social Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. for non-profit, educational, and government users. (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 Sept. 1, 1999; Acts 2003, 78th Leg., ch. (c) Section 25.07(a), Penal Code, is amended to read as follows: (a) A person commits an offense if, in violation of a . The criminal charge of "assault" can mean so many different things in a Texas court, ranging from a credible threat of committing violence to another person to actually inflicting serious bodily injury. (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. (c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if: (1) the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance methamphetamine in the presence of the child; (2) the person's conduct related to the proximity or accessibility of the controlled substance methamphetamine to the child and an analysis of a specimen of the child's blood, urine, or other bodily substance indicates the presence of methamphetamine in the child's body; or. 1029, Sec. September 1, 2017. normal breathing or circulation of the blood of the person by applying pressure to 2, eff. or both sections. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 946), Sec. 4, eff. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. 2552), Sec. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. 14.829, eff. 01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. of the second degree if the offense is committed against a person the actor knows 549), Sec. September 1, 2005. official duty or in retaliation or on account of an exercise of official power or Added by Acts 1983, 68th Leg., p. 2812, ch. 22.02. 902), Sec. 2, eff. 1808), Sec. 2, eff. 1, 2, eff. September 1, 2019. (e) An offense under this section is a felony of the first degree. 1, eff. 2, eff. An assault is legally defined as an offensive contact. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. Acts 2021, 87th Leg., R.S., Ch. Call 738-8383 to schedule a free, no-obligation consultation to discover your options. The punishment according to Sec. 662, Sec. 1420, Sec. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. Sept. 1, 2003. Acts 2017, 85th Leg., R.S., Ch. 357, Sec. 977, Sec. 1.01, eff. 334, Sec. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, 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) (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. (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. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. 719 (H.B. 284(23) to (26), eff. September 1, 2015. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. (d) For purposes of an omission that causes a condition described by Subsection (a)(1), (2), or (3), the actor has assumed care, custody, or control if the actor has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that the actor has accepted responsibility for protection, food, shelter, or medical care for a child, elderly individual, or disabled individual. September 1, 2009. 284(32), eff. by Section 71.0021(b), 71.003, or 71.005, Family Code; and. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. (4)Sports participant means a person who participates in any official capacity with respect to an interscholastic, (b) A person commits an offense if he knowingly discharges a firearm at or in the direction of: (2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied. 1101, Sec. 1 (S.B. 2, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 22.011. 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 . . (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. or nolo contendere in return for a grant of deferred adjudication, regardless of whether Acts 2019, 86th Leg., R.S., Ch. (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. 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 Texas Penal Code has a specific statute for continuous violence against the family. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (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. TAMPERING WITH CONSUMER PRODUCT. 399, Sec. 22.06. (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. (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. September 1, 2011. 12.23. class c misdemeanor . Next . (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). 685 (H.B. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. (ii)in retaliation for or on account of the person's or employee's performance of Assault occurs when a 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) intentionally or knowingly causes physical contact with another when the person knows or Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Criminal bodily harm includes injuries sustained by a . Acts 2005, 79th Leg., Ch. 1.01, eff. Sept. 1, 1985. Sec. 5, eff. 22.12. is a peace officer or judge while the officer or judge is lawfully discharging an Amended by Acts 1979, 66th Leg., p. 1114, ch. 1, eff. Acts 2017, 85th Leg., R.S., Ch. 427 (H.B. 593 (H.B. (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. to provide the service; or. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 2, eff. 900, Sec. Often, verbal threats are made in response to a challenging or tense situation, and the person making them may not mean what they say. What is an Assault? Acts 2011, 82nd Leg., R.S., Ch. (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. (B) the victim was a nondisabled or disabled child at the time of the offense. 459, Sec. 900, Sec. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. September 1, 2005. 1, eff. These offense codes are 8 digits long, the first four digits consist of the NCIC Classification of the offense and the last four digits are the Texas specific identifier of the offense. Sept. 1, 1999. (f) An offense under Subsection (c) is a state jail felony. (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. Acts 2017, 85th Leg., R.S., Ch. (8) a person the actor knows is pregnant at the time of the offense. 3, eff. Acts 2021, 87th Leg., R.S., Ch. ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1.01, eff. 1306), Sec. September 1, 2015. 2018), Sec. Location: 14, Sec. Acts 2013, 83rd Leg., R.S., Ch. Feb. 1, 2004. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. capacity as a sports participant; or, (B)in retaliation for or on account of the participant's performance of a duty or 495), Sec. An offense under Subsection (b) is a felony of the third degree. 399, Sec. (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. 3, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Contact us. 4.02, eff. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. April 14, 1987; Acts 1987, 70th Leg., ch. 7, 2021). 1.18, eff. (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. 440 (H.B. 1286, Sec. 155, Sec. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). For Class A assaultive offenses, the charges must be brought within this time period; if they are brought after the statute of limitations has expired, the defense may file a pretrial motion to dismiss the charges as directed under Title 1, Article 27.08 of the Texas Code of Criminal Procedure. 6), Sec. Sept. 1, 2003. The lowest level of an offense that someone can be charged with is a Class C misdemeanor. What is the current Texas law about Assault? Added by Acts 2019, 86th Leg., R.S., Ch. (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. 003, Health and Safety Code, emergency room personnel, and other individuals Acts 1973, 63rd Leg., p. 883, ch. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. Acts 2005, 79th Leg., Ch. 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 (k) It is a defense to prosecution under this section that the act or omission consisted of: (1) reasonable medical care occurring under the direction of or by a licensed physician; or. Domestic assault is a Class A misdemeanor if the contact caused pain (such as a slap), left physical marks (such as cuts or bruises) or resulted in lasting . 2.017, eff. ASSAULTIVE OFFENSES 22.01. 1, eff. 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. Current as of April 14, 2021 | Updated by FindLaw Staff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1.01, eff. 1038 (H.B. 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 ASSAULTIVE OFFENSES PENAL CODE TITLE 5. Acts 2019, 86th Leg., R.S., Ch. 481, Sec. September 1, 2009. 22.07. 2, eff. (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. Sept. 1, 1994; Acts 2003, 78th Leg., ch. (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. Reenacted and amended by Acts 2005, 79th Leg., Ch. TERRORISTIC THREAT. 2908), Sec. (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. 3, eff. (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. 467 (H.B. (2) "Elderly individual" means a person 65 years of age or older. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. Jan. 1, 1974. Sept. 1, 1994; Acts 2003, 78th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. (a) A person commits an offense if the person commits assault as defined in Sec. 1, eff. Assault in the second degree: Class D or C felony. Sec. (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. Acts 2015, 84th Leg., R.S., Ch. 21.002(14), eff. Acts 2005, 79th Leg., Ch. (C) the victim is an elderly individual or a disabled individual. of the contract, if the actor knows the person or employee is authorized by the state Acts 2015, 84th Leg., R.S., Ch. 1008, 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; Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . Class C misdemeanor Punishment is up to $500 fine only; Prosecuted either in municipal court or the Justice of the Peace. title 1. introductory provisions chapter 1. general provisions. 2, eff. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. Amended by Acts 1977, 65th Leg., p. 2067, ch. (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section 8), Sec. 557, Sec. Acts 2017, 85th Leg., R.S., Ch. 900, Sec. 22.10. Texas penal code penal tx penal section 22.01. 1164), Sec. 495), Sec. Acts 2007, 80th Leg., R.S., Ch. 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. Acts 2011, 82nd Leg., R.S., Ch. 1095), Sec. 819, Sec. 1259), Sec. 7, eff. September 1, 2021. 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 Acts 2017, 85th Leg., R.S., Ch. (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. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 34 (S.B. 896, Sec. SEXUAL ASSAULT. the sentence for the offense was ever imposed or whether the sentence was probated 1, eff. 27.01, eff. 22.01 Assault (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) 5, eff. (b-1) Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony of the third degree if the offense is committed: (1) while the actor is committed to a civil commitment facility; and. 135, Sec. 10, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (last accessed Jun. (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. 284 (S.B. 22.041. August 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1.01, 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 . 29), Sec. (14) the actor is a caregiver hired to assist the other person with activities of daily life and causes the other person to submit or participate by exploiting the other person's dependency on the actor. September 1, 2009. ABANDONING OR ENDANGERING CHILD. 1, eff. (1) "Family" has the meaning assigned by Section 71.003, Family Code. 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. 784 (H.B. June 11, 2009. Acts 2005, 79th Leg., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. ASSAULT (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 Acts 2021, 87th Leg., R.S., Ch. 1.01. short title sec. (B)in retaliation for or on account of the person's or employee's performance of September 1, 2017. 3, eff. 15.02(a), eff. 1, eff. 788, 6. 528, Sec. Amended by Acts 1993, 73rd Leg., ch. 184), Sec. performance of an official duty as a peace officer or judge. 11, eff. (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. 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; Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; 788 (S.B. 1028, Sec. 19, eff. (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. 1, eff. 1052, Sec. Sec. Sec. (b-2)Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony Section 22.01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. (B)the offense is committed by intentionally, knowingly, or recklessly impeding the 1, eff. 34 (S.B. Jan. 1, 1974. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sec. participant against a person the actor knows is a sports participant either: (A)while the participant is performing duties or responsibilities in the participant's 165, Sec. (a) In this section: (1) "Consumer Product" means any product offered for sale to or for consumption by the public and includes "food" and "drugs" as those terms are defined in Section 431.002, Health and Safety Code. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the 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. (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. 873 (S.B. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. An offense under Subsection (c) is a felony of the third degree. 24), Sec. September 1, 2015. (3) "Disabled individual" means a person: (i) autism spectrum disorder, as defined by Section 1355.001, Insurance Code; (ii) developmental disability, as defined by Section 112.042, Human Resources Code; (iii) intellectual disability, as defined by Section 591.003, Health and Safety Code; (iv) severe emotional disturbance, as defined by Section 261.001, Family Code; (v) traumatic brain injury, as defined by Section 92.001, Health and Safety Code; or, (vi) mental illness, as defined by Section 571.003, Health and Safety Code; or. (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. Sept. 1, 1983. (2) is committed against a public servant. | https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/. Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 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