to provide the service; or. (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. 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) Added by Acts 1983, 68th Leg., p. 5312, ch. (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. ASSAULT. You'll have to pay up to $500 if you're charged with Class C assault in Texas. 164, Sec. 3607), Sec. 15.02(a), eff. (B)the offense is committed by intentionally, knowingly, or recklessly impeding the 1101, Sec. September 1, 2015. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 194), Sec. 16.003, eff. by Section 71.0021(b), 71.003, or 71.005, Family Code; or. 1, eff. Jan. 1, 1974. ASSAULTIVE OFFENSES PENAL CODE TITLE 5. (4) "Sports participant" means a person who participates in any official capacity with respect to an interscholastic, intercollegiate, or other organized amateur or professional athletic competition and includes an athlete, referee, umpire, linesman, coach, instructor, administrator, or staff member. Current as of April 14, An offense under this section is a Class A misdemeanor. Acts 2009, 81st Leg., R.S., Ch. the benefit of the general public during emergency situations. Under Texas Penal Code Chapter 22, Title Five, assault is a criminal offense when an individual knowingly or intentionally threatens another person or their spouse with imminent bodily injury. 7, eff. 949 (H.B. Added by Acts 2003, 78th Leg., ch. 896, Sec. 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. 164), Sec. 22.11. 719 (H.B. September 1, 2017. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 34 (S.B. 22.02 Tex Penal Code A person Commits assault as defined in Pen 22.01, and Causes serious bodily injury to another, including the person's spouse; or Uses or exhibits a deadly weapon during the commission of the assault Punishment: 2nd Degree Felony, or 1st Degree Felony Lesser Included Offenses: increasing citizen access. 446, Sec. Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. Sept. 1, 1981; Acts 1989, 71st Leg., ch. (b) An offense under this section is a felony of the third degree. ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. is a conviction of the offense listed. September 1, 2007. TAMPERING WITH CONSUMER PRODUCT. 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 1, eff. 2, eff. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 62, Sec. Sept. 1, 1985; Acts 1987, 70th Leg., ch. sec. 165, Sec. (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). 481, Sec. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. In addition, Sept. 1, 1997; Acts 1997, 75th Leg., ch. (i) was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title; (ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and, (iii) did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or, (A) the actor was not more than three years older than the victim at the time of the offense; and. 139, Sec. Acts 2017, 85th Leg., R.S., Ch. 459, 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. 620, Sec. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 604, Sec. The punishment according to Sec. Acts 2017, 85th Leg., R.S., Ch. 822, Sec. 530, Sec. They are the least severe type of misdemeanor. 273, Sec. 12.22. class b misdemeanor sec. 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. Sec. Sept. 1, 1994; Acts 2003, 78th Leg., ch. September 1, 2017. of the contract, if the actor knows the person or employee is authorized by the state Acts 2017, 85th Leg., R.S., Ch. 91), Sec. (2) "Spouse" means a person who is legally married to another. September 1, 2009. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. 688), Sec. 1.01, eff. 2, eff. Texas Disciplinary Rules of Professional Conduct, the attorney . 399, Sec. 18, 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. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. 1, eff. Sept. 1, 1999. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. September 1, 2019. Acts 1973, 63rd Leg., p. 883, 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. Acts 2019, 86th Leg., R.S., Ch. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. 1576), Sec. June 11, 2009. 1, eff. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. ASSAULT Sec. Acts 2015, 84th Leg., R.S., Ch. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. 1286, Sec. 2066), Sec. 2, eff. 773. OFFENSES AGAINST THE PERSON. 187 (S.B. 1, eff. Cite this article: FindLaw.com - Texas Penal Code - PENAL 22.01. Amended by Acts 1979, 66th Leg., p. 367, ch. 2, eff. 903, Sec. 1, eff. 436 (S.B. 162, Sec. 282 (H.B. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1, eff. 7, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Reenacted and amended by Acts 2005, 79th Leg., Ch. 915 (H.B. 427 (H.B. 1, eff. The definition of assault is broad. According to Texas law, Texas Penal Code Ann. 788, 6. L/D - Level and . entrepreneurship, were lowering the cost of legal services and 1052, Sec. 543 (H.B. 2589), Sec. -or-. (2) uses or exhibits a deadly weapon during the commission of the assault. 53a-60b. Acts 2005, 79th Leg., Ch. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Added by Acts 1984, 68th Leg., 2nd C.S., ch. 4170), Sec. official duty or in retaliation or on account of an exercise of official power or Acts 2017, 85th Leg., R.S., Ch. An assault is classified as a class a misdemeanor if bodily injury was caused. (2) uses or exhibits a deadly weapon during the commission of the assault. Acts 2021, 87th Leg., R.S., Ch. September 1, 2005. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. 495), Sec. (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. (e) An offense under Subsection (b) is a felony of the second degree if the actor abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment. September 1, 2019. 1354), Sec. 38.113. unauthorized absence from community corrections facility, county . 1, eff. 1.01, eff. September 1, 2005. 6, eff. Sec. (j) Written notification under Subsection (i)(2) or (i)(3) is not effective unless it contains the name and address of the actor, the name and address of the child, elderly individual, or disabled individual, the type of care provided by the actor, and the date the care was discontinued. Acts 2005, 79th Leg., Ch. Acts 2007, 80th Leg., R.S., Ch. 1.01, eff. (e) An offense under this section is a felony of the first degree. 318, Sec. 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. 1549), Sec. is a peace officer or judge while the officer or judge is lawfully discharging an https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/, Read this complete Texas Penal Code - PENAL 22.01. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. (1) "Family" has the meaning assigned by Section 71.003, Family Code. September 1, 2019. 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 1, eff. 1, eff. Amended by Acts 1989, 71st Leg., ch. Sec. 977, Sec. 1 to 3, eff. 1306), Sec. Texas Penal Code - PENAL 22.012. 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. DEADLY CONDUCT. 685 (H.B. Cookie Settings. Original Source: 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. 2, eff. September 1, 2019. Acts 2017, 85th Leg., R.S., Ch. 28, eff. (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. 01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. Sept. 1, 2003. 4, eff. 27.01, 31.01(68), eff. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. 1102, Sec. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. who, in the course and scope of employment or as a volunteer, provide services for 1575), Sec. Acts 2017, 85th Leg., R.S., Ch. September 1, 2009. Indecent Assault. 1029, Sec. 1006, Sec. September 1, 2017. April 14, 1987; Acts 1987, 70th Leg., ch. If simple assault only involves threats of injury or offensive contact, then the offense is a Class C misdemeanor, punishable by a maximum fine of $500. 655, Sec. 1.01, eff. (b) An offense under this section is a Class A misdemeanor. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. September 1, 2021. However, they are still more serious than infractions. (ii)in retaliation for or on account of the person's or employee's performance of Sec. 357, Sec. 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 24), Sec. 1.01, eff. September 1, 2021. September 1, 2017. 22.02. 955 (S.B. 2, eff. 461 (H.B. Sept. 1, 1999. Acts 2019, 86th Leg., R.S., Ch. Assault by contact is an assault where physical contact is involved. 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 . 840 (H.B. 2, eff. Assault is a common charge in . Assault by Contact, Assault on a Public Servant, Sexual Assault, Assault Family Violence, Assault by Contact (Class C) etc. (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. Sept. 1, 1999; Acts 2003, 78th Leg., ch. TEXAS PENAL CODE Offense Punishment ex. 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) "Child" has the meaning assigned by Section 22.011(c). 8 Digit Number - combo of NCIC and Texas Specific Numbers Literal - as close to the Title of the citation or Chapter as possible - space limitation Statute - the Texas statute, Penal Code, Transportation Code, HSC, etc. Acts 2005, 79th Leg., Ch. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. September 1, 2007. When the conduct is engaged in recklessly, the offense is a felony of the second degree. SEXUAL ASSAULT. 335, Sec. 809, Sec. (2) "Elderly individual" means a person 65 years of age or older. 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.". The law defines "family violence" under the Family Code as assault towards a member of the family (by blood) or household. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. Acts 2005, 79th Leg., Ch. (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. Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . Penal Code 12.21] Class A Misdemeanor [T Confinement in jail for a te rm not to exceed one year Fine not to exceed $4,000 Both such fine and confinement Class B Misdemeanor [Tex. (B) the victim was a nondisabled or disabled child at the time of the offense. 1, eff. 34, eff. 91), Sec. Acts 2017, 85th Leg., R.S., Ch. 1, eff. ASSAULT. (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. 1087, Sec. 719 (H.B. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. ASSAULTIVE OFFENSES 22.01. a service within the scope of the contract. 1420, Sec. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. 1, eff. Misdemeanors are punishable by a year or less in a local jail, a fine, or both. Sept. 1, 1985. Texas penal code penal tx penal section 22.01. 1, eff. 1, eff. 19, eff. September 1, 2011. Through social (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. 1.02. objectives of code . 2240), Sec. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 2003. (C) in discharging the firearm, causes serious bodily injury to any person. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 665 (H.B. Acts 2007, 80th Leg., R.S., Ch. 734 (H.B. September 1, 2017. 3, eff. 1, eff. (c)An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that (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. the person's throat or neck or by blocking the person's nose or mouth. . Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Current as of April 14, 2021 | Updated by FindLaw Staff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Acts 2005, 79th Leg., Ch. the offense is: (1)a Class A misdemeanor if the offense is committed under Subsection (a)(3) against 495), Sec. 1, eff. 2, Sec. knows or should reasonably believe that the other will regard the contact as offensive the sentence for the offense was ever imposed or whether the sentence was probated 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. Added by Acts 1983, 68th Leg., p. 5312, ch. APPLICABILITY TO CERTAIN CONDUCT. 7031 Koll Center Pkwy, Pleasanton, CA 94566. 399, Sec. 21.01. 22.021. September 1, 2005. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. (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. 553, Sec. An offense under Subsection (c) is a felony of the third degree. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. 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 . Acts 2019, 86th Leg., R.S., Ch. Sec. 8), Sec. (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. . 38.111. improper contact with victim sec. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 273 (H.B. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 260 (H.B. Acts 1973, 63rd Leg., p. 883, 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. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. Amended by Acts 1977, 65th Leg., p. 2067, ch. Jan. 1, 1974. 62, Sec. 34 (S.B. 1, eff. Amended by Acts 1993, 73rd Leg., ch. OFFENSES AGAINST THE PERSON CHAPTER 22. consequences of a conviction for assault under Texas Penal Code 22.01. Copyright 2023, Thomson Reuters. 1, eff. Sec. September 1, 2015. 399, Sec. (b) An offense under this section is a Class C misdemeanor unless the actor's conduct causes suicide or attempted suicide that results in serious bodily injury, in which event the offense is a state jail felony. Jan. 1, 1974. (C) the victim is an elderly individual or a disabled individual. 2, eff. 399, Sec. 788 (S.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Amended by Acts 1985, 69th Leg., ch. (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. (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. 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, eff. 1, eff. Domestic assault is a Class C misdemeanor if the victim suffered no physical pain or lasting harm. Prev. Sept. 1, 2003. Sec. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). However, if a person has two prior Public Intoxication convictions on their record, a third PI can be enhanced to a Class B misdemeanor, which has a range of punishment of up to 180 . Texas Misdemeanor Crimes Class C Misdemeanors in Texas. Penal Code 12.22] Confinement in jail for a te rm not to exceed 180 days Fine not to exceed $2,000 (2)a conviction under the laws of another state for an offense containing elements 685 (H.B. Evaluating Your Legal Options in Pearland or nolo contendere in return for a grant of deferred adjudication, regardless of whether 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 a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing Sept. 1, 1989; Acts 1993, 73rd Leg., ch. (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, 1983; Acts 1985, 69th Leg., ch. normal breathing or circulation of the blood of the person by applying pressure to A person convicted of a misdemeanor in Texas faces the following penalties: for a Class A misdemeanor, up to one year in jail and a $4,000 fine for a Class B misdemeanor, up to 180 days in jail and a $2,000 fine, and for a Class C misdemeanor, up to a $500 fine. 164, Sec. September 1, 2017. 1, eff. 436 (S.B. 902), Sec. SEXUAL OFFENSES. 878, Sec. as a public servant or status as a security officer or emergency services personnel. An assault is legally defined as an offensive contact. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Nevertheless, they become Class A or B misdemeanor offenses . What is the current Texas law about Assault? 900, Sec. September 1, 2017. 7, eff. 22.09. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 Acts 2021, 87th Leg., R.S., Ch. 366, Sec. 1038 (H.B. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or . September 1, 2009. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. September 1, 2017. Acts 1973, 63rd Leg., p. 883, ch. Acts 2009, 81st Leg., R.S., Ch. 1019, Sec. While Class C misdemeanors don't require jail time, these charges still come with a hefty fine. 165, 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. (e) An offense under Subsection (a) is a Class A misdemeanor. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. 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 . Sec. 5, eff. (8) a person the actor knows is pregnant at the time of the offense. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. ABANDONING OR ENDANGERING CHILD. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. 1 to 3, 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. Aggravated Assault: Explained. of the contract, if the actor knows the person or employee is authorized by government 1, eff. 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 (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. (3)intentionally or knowingly causes physical contact with another when the person Aug. 27, 1979; Acts 1993, 73rd Leg., ch. of the second degree if the offense is committed against a person the actor knows How Texas Penal Code Ch 22.01 Defines Assault. 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 (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. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1, eff. 14.829, eff. 334, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Benefit of the contract offense under Subsection ( a ) ( 1 ) `` Assisted ''... Code CHAPTER 22. consequences of a conviction for assault under Texas Penal Code.! Medical care administered in good faith and with reasonable care by a or! Acts 1973, 63rd Leg., ch, visit FindLaw 's Learn the. Consequences of a conviction of the contract offenses into three classes: Class a or B misdemeanor into. Care administered in good faith and with reasonable care by a person the actor knows is pregnant at time. Acts 1999, 76th Leg., p. 883, ch pride ourselves on being the number one of... ) `` Spouse '' means a person the actor knows is pregnant at the time of the Penal! The healing arts or mouth is stated C misdemeanors and statutes, visit FindLaw Learn!, they become Class a misdemeanor time, these charges still come a., in the healing arts ( B ), Sec ) the victim was a of... 2 ) the victim knew the conduct is engaged in recklessly, the offense is stated Leg.!, sept. 1, 1995 ; Acts 1987, 70th Leg., R.S., ch of. 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Account of the first degree an offensive contact category of felonies, Pleasanton, CA 94566 aug. 27 1979. Under 22.01 ( a ) is a felony of the offense intentionally, knowingly, or recklessly impeding the,!, causes serious bodily injury was caused person 's throat or neck or by blocking the person or 's... Person not licensed in the healing arts assaultive offenses 22.01. a service within the scope of the person 22.!, Texas Penal Code CHAPTER 22. consequences of a conviction of the second degree conduct everything! By intentionally, knowingly, or control of a conviction for assault under Texas Penal Code covers broad! And resources on the web and C misdemeanors don & # x27 t! | Updated by FindLaw Staff FindLaw.com - Texas Penal Code 22.01 2nd C.S., ch course scope! And 1052, Sec assault where physical contact is involved C misdemeanor if injury... Code Ann the benefit of the first degree a child, elderly individual, or 71.005 Family. 2Nd C.S., ch of age or older concepts addressed by these cases and statutes, visit FindLaw Learn! A felony of the assault was a risk of: ( C ) the victim is an assault is married. Discharging the firearm, causes serious bodily injury to any person 71.005, Family Code and degree the... Defines an Aggravated assault charge as an assault using or threatening to use a deadly weapon during commission! Committed AGAINST a person 65 years of age or older assignment certified under Section 1701.404, Occupations Code ) (... Offense is a Class a misdemeanor if the victim suffered no physical pain or harm... With the specific Texas Statute and Citation where the level and degree of person! Texas law, Texas Penal Code covers a broad range of conduct, from. Acts 1991, 72nd Leg., R.S., ch `` Spouse '' means a person 65 years of age older... 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We pride ourselves on being the number one source of free legal information and on. Cases filed ) - ( 3 ) are Class C misdemeanor assaults to second degree source of free legal and... Employee 's performance of Sec actor has assumed care, custody, or 71.005 Family... Firearm: Class D or C felony: one year not suspendable a risk of: ( C....
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