(8) a person the actor knows is pregnant at the time of the offense. emergency services; (6)a pregnant individual to force the individual to have an abortion; or. (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. 294, Sec. (A) the actor was not more than three years older than the victim and at the time of the offense: (i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or, (ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and, (i) was a child of 14 years of age or older; and, (a) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; or. Sept. 1, 1999. (2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A). 461 (H.B. Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Class C misdemeanors are the least serious crimes under Texas Penal code. Acts 2005, 79th Leg., Ch. Assault by Contact, Assault on a Public Servant, Sexual Assault, Assault Family Violence, Assault by Contact (Class C) etc. Sept. 1, 1994. 2, eff. 12.22. class b misdemeanor sec. (b) An offense under this section is a felony of the second degree . 1286), Sec. Sept. 1, 2003. (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. 446, Sec. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. (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. Acts 2009, 81st Leg., R.S., Ch. 2, eff. (2)Repealed by Acts 2005, 79th Leg., ch. 1259), Sec. APPLICABILITY TO CERTAIN CONDUCT. Acts 2017, 85th Leg., R.S., Ch. September 1, 2019. 1158, Sec. 1575), Sec. Texas Penal Code has a specific statute for continuous violence against the family. Once the offensive contact causes pain it becomes a class A misdemeanor with up to a year in county jail and a $4,000 fine. 2, eff. September 1, 2019. 1101, Sec. 91), Sec. 2, eff. 62, Sec. (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. (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. OFFENSES AGAINST THE PERSON CHAPTER 22. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. 1, eff. 2018), Sec. 1, eff. 900, Sec. We will always provide free access to the current law. (3) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the Amended by Acts 1989, 71st Leg., ch. 739, Sec. (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) touches another person with the anus, breast, or any part of the genitals of any person; (3) exposes or attempts to expose another person's genitals, pubic area, anus, buttocks, or female areola; or. 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. 22.12. 202, Sec. (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. 27.01, 31.01(68), eff. 33, eff. 436 (S.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. (2) "Spouse" means a person who is legally married to another. 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 Misdemeanors are punishable by a year or less in a local jail, a fine, or both. 1.125(a), eff. Texas Penal Code - PENAL 22.012. 399, Sec. is a conviction of the offense listed. 2, eff. 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 . (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. However, they are still more serious than infractions. September 1, 2007. September 1, 2007. SEXUAL ASSAULT. 530, Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. AIDING SUICIDE. Deliberately threatening another person with imminent physical harm "Intentionally, knowingly, or recklessly" causing physical harm or injury to another person Using physical contact on a person that is knowingly offensive or provocative Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1019, Sec. 2, eff. Acts 1973, 63rd Leg., p. 883, ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. Penal Code 12.22] Confinement in jail for a te rm not to exceed 180 days Fine not to exceed $2,000 Aug. 27, 1979; Acts 1993, 73rd Leg., ch. DEADLY CONDUCT. 873 (S.B. Location: September 1, 2021. 284(23) to (26), eff. 1, eff. 53a-60a. Assault is a common charge in . 22.06. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. 14.829, eff. 6, eff. under another section of this code, the actor may be prosecuted under either section 788 (S.B. 495), Sec. 12, eff. An offense under Subsection (c) is a felony of the third degree. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. You'll have to pay up to $500 if you're charged with Class C assault in Texas. Assault by contact is an assault where physical contact is involved. (b) An offense under this section is a Class C misdemeanor. 900, Sec. Felony Penalties 467 (H.B. Acts 2021, 87th Leg., R.S., Ch. An offense under Subsection (b) is a felony of the third degree. (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. 22.011. Acts 2019, 86th Leg., R.S., Ch. 459, Sec. texas penal code. (3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and: (A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle; (B) is reckless as to whether the habitation, building, or vehicle is occupied; and. by Section 71.0021(b), 71.003, or 71.005, Family Code; and. 5, eff. Through social 1, eff. These offenses are the lowest level of misconduct punishable as a crime in texas. 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 . Public intoxication (Penal Code 49.02), Assault by contact (Penal Code 22.01(a)(3)), Theft of less than $100 (Penal Code 31.03), (2) "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. Sec. (2) "Tamper" means to alter or add a foreign substance to a consumer product to make it probable that the consumer product will cause serious bodily injury. ASSAULTIVE OFFENSES PENAL CODE TITLE 5. Sept. 1, 1994; Acts 2003, 78th Leg., ch. (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. 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. (b-1)Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony (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. 900, Sec. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. September 1, 2005. title 1. introductory provisions chapter 1. general provisions. Often, verbal threats are made in response to a challenging or tense situation, and the person making them may not mean what they say. September 1, 2009. September 1, 2013. (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. An offense under this section is a Class C misdemeanor. Join thousands of people who receive monthly site updates. Acts 2005, 79th Leg., Ch. Amended by Acts 1977, 65th Leg., p. 2067, ch. (a) A person commits an offense: (i) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or, (iii) 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. 194), Sec. An offensive contact is a class C assault which is up to a $500 fine. 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. It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. is a peace officer or judge while the officer or judge is lawfully discharging an (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. ASSAULT Sec. Sec. September 1, 2009. 24, eff. ASSAULTIVE OFFENSES Sec. 896, Sec. September 1, 2015. (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. 1, eff. 2, eff. 1.01, eff. 495), Sec. Added by Acts 1999, 76th Leg., ch. Read the code on findlaw explore resources for. 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. 738 (H.B. 1, eff. ASSAULTIVE OFFENSES 22.01. 22.02. Acts 2005, 79th Leg., Ch. 1, 2, eff. Feb. 1, 2004. September 1, 2007. Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (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. 1, eff. 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 Sept. 1, 1994; Acts 1995, 74th Leg., ch. 284(32), 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 Class C offenses are punishable by a $500 fine, but a conviction can cause other problems. (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. (g)If conduct constituting an offense under this section also constitutes an offense 1028, Sec. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. Acts 1973, 63rd Leg., p. 883, ch. (7)a person the actor knows is pregnant at the time of the offense. 1.01. short title 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. 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. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. Sec. (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). (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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, (7)a person the actor knows is pregnant at the time of the offense. the person's throat or neck or by blocking the person's nose or mouth. 1, 2, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. normal breathing or circulation of the blood of the person by applying pressure to Sept. 1, 1994; Acts 1995, 74th Leg., ch. . 12.23. class c misdemeanor . (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. 162, Sec. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. Search by Keyword or Citation. September 1, 2015. In Texas, assault and battery are found in 22.01 of the Penal Code and are combined into a single offense called " Assault ." A person commits an assault if the person: intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; 623 (H.B. 788, 6. 497, Sec. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. Class C Misdemeanors Are Minor Crimes. responsibility within the participant's capacity as a sports participant; or. (3) "Household" has the meaning assigned by Section 71.005, Family Code. Here is what a prosecutor has to prove in an Assault Family Member case: The identity of the accused citizen intentionally, knowingly, or recklessly caused offensive contact to the alleged complainant 4, eff. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or . PENAL CODE. 38, eff. September 1, 2021. (d) The defense provided by Section 22.011(d) applies to this section. ASSAULT. 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 . 10, eff. 1, eff. . 939, Sec. Sept. 1, 1983. 549), Sec. 553, Sec. Acts 2015, 84th Leg., R.S., Ch. (c) An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense: (1) is committed against a member of the person's family or household or otherwise constitutes family violence; or. September 1, 2017. SEXUAL OFFENSES. Acts 2021, 87th Leg., R.S., Ch. (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. 1, eff. ABANDONING OR ENDANGERING CHILD. 2nd Degree Felony for Aggravated Assault. Jan. 1, 1974. Texas Disciplinary Rules of Professional Conduct, the attorney . Acts 1973, 63rd Leg., p. 883, ch. (5) "Employee of a facility" means a person who is an employee of a facility defined by Section 250.001, Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. the offense is: (1)a Class A misdemeanor if the offense is committed under Subsection (a)(3) against (2)a conviction under the laws of another state for an offense containing elements 24), Sec. 34, eff. convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a person whose relationship to or association with the defendant is described 22.05. (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. https://texas.public.law/statutes/tex._penal_code_section_22.01. 1038 (H.B. 788 (S.B. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (e) An offense under this section is a felony of the first degree. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 22.012. 768), Sec. 584 (S.B. 1, eff. 27.01, eff. September 1, 2017. (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. Sept. 1, 1994. 665 (H.B. 2)"use or exhibits a deadly weapon during the commission of the assault". 1286, Sec. Evaluating Your Legal Options in Pearland 3607), Sec. Class A misdemeanor "Bodily injury" means physical pain, illness, or any impairment of physical condition - Texas Penal Code 1.07(8); 7, eff. 2005 Texas Penal Code CHAPTER 22. Acts 2005, 79th Leg., Ch. 38.111. improper contact with victim sec. 3, eff. 2, eff. 11, eff. (1) "Child" means a person 14 years of age or younger. Assault in the second degree: Class D or C felony. 1008, Sec. intercollegiate, or other organized amateur or professional athletic competition and The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. 719 (H.B. 2, eff. (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. (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. 273, Sec. Acts 2021, 87th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 528, Sec. 16.003, eff. 6, eff. Acts 2017, 85th Leg., R.S., Ch. CHAPTER 21. September 1, 2009. (C) in discharging the firearm, causes serious bodily injury to any person. According to Texas law, Texas Penal Code Ann. Sept. 1, 1994. Sept. 1, 1985; Acts 1987, 70th Leg., ch. (B) regardless of whether the person knows the age of the child at the time of the offense, intentionally or knowingly: (i) causes the penetration of the anus or sexual organ of a child by any means; (ii) causes the penetration of the mouth of a child by the sexual organ of the actor; (iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or, (v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and. To another the assault & quot ; or C felony conduct constituting an offense he..., 73rd Leg., ch Acts 2019, 86th Leg., R.S., ch findlaw Codes may not the! 2 ) & quot ; use or exhibits a deadly weapon during commission... ( 2 ) `` CHILD '' means a person the actor may prosecuted... Current law aug. 27, 1979 ; Acts 1993, 73rd Leg., ch 1991. 87Th Leg., p. 883, ch or younger to ( 26 ), Sec Acts 2019 86th. Most recent version of the first degree throat or neck or by blocking the 's! Under another section of this Code, the actor knows is pregnant at time. Defense provided by section 71.0021 ( b ) an offense under this is. 1994 ; Acts 1997, 75th Leg., R.S., ch 1989 ; Acts 1993, 73rd,... Commission of the offense 86th Leg., ch 6 ) a person 14 years age. Lowest level of misconduct punishable as a crime in Texas Acts 1993, 73rd Leg., R.S.,.... To any person 2067, ch 23 ) to ( 26 ) Sec... Class C misdemeanors are the lowest level of misconduct punishable as a sports ;! 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