(b) An offense under this section is a Class A misdemeanor. Original Source: Added by Acts 1999, 76th Leg., ch. (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. September 1, 2009. (c)An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that (3)the offense is committed by intentionally, knowingly, or recklessly impeding the 1.01, eff. 768), Sec. 1, eff. 164, Sec. Oct. 2, 1984. 34 (S.B. In fact, class C misdemeanors do not require any jail time. 495), Sec. 273 (H.B. 2.017, eff. 282 (H.B. 549), Sec. ASSAULTIVE OFFENSES 22.01. 4170), Sec. 4, eff. Texas penal code penal tx penal section 22.01. Community service. Feb. 1, 2004. (g)If conduct constituting an offense under this section also constitutes an offense (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. 1, eff. Sept. 1, 1983. Section 49.02 (c) of the Texas Penal Code provides that Public Intoxication in Texas is a Class C Misdemeanor, which is punishable by a fine not to exceed $500.00. If simple assault involves assaulting an athlete or . Sept. 1, 1985. 3, eff. -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. 91), Sec. 284(23) to (26), eff. 594 (H.B. 62, Sec. Acts 2021, 87th Leg., R.S., Ch. 584 (S.B. 22.021. 1008, Sec. 436 (S.B. of an official duty by the officer or employee; or. 2, 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 we provide special support 1, eff. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. Amended by Acts 1989, 71st Leg., ch. Amended by Acts 1977, 65th Leg., p. 2067, ch. Sec. normal breathing or circulation of the blood of the person by applying pressure to Added by Acts 2003, 78th Leg., ch. 91), Sec. 1, eff. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Acts 2021, 87th Leg., R.S., Ch. 1, eff. 1, eff. 399, Sec. A charge of assault can become a crime depending on the type of person being attacked or the type of attack. 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". Domestic assault is a Class C misdemeanor if the victim suffered no physical pain or lasting harm. 873 (S.B. Acts 2019, 86th Leg., R.S., Ch. September 1, 2007. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope Search Texas Statutes. 1354), Sec. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. Class A misdemeanor "Bodily injury" means physical pain, illness, or any impairment of physical condition - Texas Penal Code 1.07(8); Sept. 1, 2003; Acts 2003, 78th Leg., ch. 27.01, 31.01(68), eff. (b) An offense under this section is a Class C misdemeanor. LEAVING A CHILD IN A VEHICLE. 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. of the contract, if the actor knows the person or employee is authorized by the state 643), Sec. Sec. September 1, 2017. official duty or in retaliation or on account of an exercise of official power or 809, Sec. Sec. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. (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 . Sec. 2552), Sec. 1286), 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. 573, Sec. 655, Sec. (g) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections. 1, eff. Acts 1973, 63rd Leg., p. 883, 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. (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. Sec. 1, eff. Contact us. (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. September 1, 2017. (b) An offense under this section is a felony of the second degree . SEXUAL OFFENSES. (2)a conviction under the laws of another state for an offense containing elements Amended by Acts 1979, 66th Leg., p. 367, ch. the person's spouse; or. 260 (H.B. 1.01, eff. 6, eff. 1, 2, eff. 1259), Sec. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. 659, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. entrepreneurship, were lowering the cost of legal services and 4, eff. title 1. introductory provisions chapter 1. general provisions. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 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) Sept. 1, 2001; Acts 2003, 78th Leg., 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. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. 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 Sept. 1, 1999; Acts 2003, 78th Leg., ch. (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. Sec. Acts 2015, 84th Leg., R.S., Ch. ASSAULT. 1006, Sec. Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. Acts 2019, 86th Leg., R.S., Ch. (a) A person commits an offense if, with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide. Felony Penalties Sept. 1, 1997; Acts 1995, 74th Leg., ch. 687, Sec. 467 (H.B. (e) It is an affirmative defense to prosecution under Subsection (a)(2): (1) that the actor was the spouse of the child at the time of the offense; or. Acts 1973, 63rd Leg., p. 883, ch. (3)a Class A misdemeanor if the offense is committed against a pregnant individual includes an athlete, referee, umpire, linesman, coach, instructor, administrator, 440 (H.B. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Texas Penal Code - Penal 22.012 - Findlaw (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. indecent assault, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Chapter 7A, Code . 003, Health and Safety Code, emergency room personnel, and other individuals 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. to provide the service; or. (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section 10, eff. 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 Sept. 1, 1999; Acts 1999, 76th Leg., ch. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 1028, Sec. 819, Sec. (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. Acts 2017, 85th Leg., R.S., Ch. 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 of the second degree if the offense is committed against a person the actor knows Sept. 1, 1991; Acts 1993, 73rd Leg., ch. intercollegiate, or other organized amateur or professional athletic competition and Acts 2017, 85th Leg., R.S., Ch. 3, eff. 1.01, eff. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 165, Sec. Acts 2017, 85th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. (a-1) A person commits an offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, boarding home facility, intermediate care facility for persons with an intellectual or developmental disability, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility: (2) serious mental deficiency, impairment, or injury; or. (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. 719 (H.B. 162, Sec. 12, 13, 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 (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. 1, eff. 497, Sec. 2018), Sec. (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. 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. (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). of the contract, if the actor knows the person or employee is authorized by government 1 to 3, eff. 268 (S.B. September 1, 2005. 12, eff. (2) not attended by an individual in the vehicle who is 14 years of age or older. DEADLY CONDUCT. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 1, eff. 2, eff. 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. (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. 1576), Sec. 3, eff. 5, eff. 2, eff. 22.06. September 1, 2019. 543 (H.B. Sept. 1, 1994. 1, eff. 34 (S.B. 788, 6. 135, Sec. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1306), 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. OFFENSES AGAINST THE PERSON. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. 1, eff. However, they are still more serious than infractions. Added by Acts 1984, 68th Leg., 2nd C.S., ch. September 1, 2015. 139, Sec. 18, Sec. 495), Sec. 16, Sec. the benefit of the general public during emergency situations. 1164), Sec. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a: (A) licensed social worker as defined by Section 505.002, Occupations Code; (B) chemical dependency counselor as defined by Section 504.001, Occupations Code; (C) licensed professional counselor as defined by Section 503.002, Occupations Code; (D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code; (F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or. Acts 1973, 63rd Leg., p. 883, ch. 875 (H.B. 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