September 1, 2019. Acts 1973, 63rd Leg., p. 883, ch. 4, eff. (b-3)Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony a service within the scope of the contract; (4)a person the actor knows is a security officer while the officer is performing 1, eff. Next . (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. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Unless. Class C misdemeanors are the least serious crimes under Texas Penal code. 809, Sec. 436 (S.B. Acts 2017, 85th Leg., R.S., Ch. 1, eff. (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. Sec. September 1, 2007. 1.01, eff. 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. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (3) "Health care services provider" means: (A) a physician licensed under Subtitle B, Title 3, Occupations Code; (B) a chiropractor licensed under Chapter 201, Occupations Code; (C) a physical therapist licensed under Chapter 453, Occupations Code; (D) a physician assistant licensed under Chapter 204, Occupations Code; or. Sept. 1, 1995; Acts 1997, 75th Leg., ch. to force the individual to have an abortion. (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. Acts 2007, 80th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. Amended by Acts 1979, 66th Leg., p. 367, ch. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. 003, Health and Safety Code, emergency room personnel, and other individuals 2, eff. 27.01, 31.01(68), eff. 659, Sec. (2) is committed against a public servant. to provide the service; or. How Texas Penal Code Ch 22.01 Defines Assault. 819, Sec. (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. to provide the service; or. 361 (H.B. 22.01. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. 1259), Sec. 687, Sec. 12, 13, eff. 194), Sec. 366, Sec. Texas Disciplinary Rules of Professional Conduct, the attorney . 22.02. (b)An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense (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. 643), Sec. Acts 2009, 81st Leg., R.S., Ch. September 1, 2019. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. Sept. 1, 1999; Acts 2001, 77th Leg., ch. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. Sec. Acts 2005, 79th Leg., Ch. 62, Sec. 11, eff. September 1, 2005. Sept. 1, 1994. 273, Sec. 1, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 784 (H.B. Acts 2015, 84th Leg., R.S., Ch. the person's spouse; or. 1, eff. 788 (S.B. The law defines "family violence" under the Family Code as assault towards a member of the family (by blood) or household. Cookie Settings. Added by Acts 1983, 68th Leg., p. 2812, ch. 268 (S.B. 165, Sec. When the conduct is engaged in recklessly, the offense is a state jail felony. 620 (S.B. 685 (H.B. normal breathing or circulation of the blood of the person by applying pressure to 1, eff. (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to: (1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies; (2) place any person in fear of imminent serious bodily injury; (3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place; (4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service; (5) place the public or a substantial group of the public in fear of serious bodily injury; or. In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. (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. Copyright 2023, Thomson Reuters. 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. 6), Sec. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. 2, eff. 79, Sec. 318, Sec. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 139, Sec. 2589), Sec. Acts 2017, 85th Leg., R.S., Ch. Assault by contact is an assault where physical contact is involved. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 1575), Sec. 2, eff. 34 (S.B. 900, Sec. (2) "Spouse" means a person who is legally married to another. 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. 334, Sec. TEXAS PENAL CODE Offense Punishment ex. performance of an official duty as a peace officer or judge. The punishment according to Sec. 1286), Sec. 24, eff. 1420, Sec. commitment facility; or, (ii)in retaliation for or on account of an exercise of official power or performance (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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. or nolo contendere in return for a grant of deferred adjudication, regardless of whether Sec. Through social 5, eff. 22.01, assault covers three different types of actions. 1306), Sec. 260 (H.B. Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . Acts 2021, 87th Leg., R.S., Ch. 896, Sec. 34, eff. 14.829, eff. (3) 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. However, they are still more serious than infractions. 1, eff. September 1, 2017. 22.11. 8.139, eff. Amended by Acts 1985, 69th Leg., ch. 22.021. Acts 1973, 63rd Leg., p. 883, ch. 977, Sec. September 1, 2011. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 318, Sec. 1, eff. 1006, 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. Amended by Acts 1979, 66th Leg., p. 1114, ch. Oct. 2, 1984. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently. What is the current Texas law about Assault? Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. 623 (H.B. 528, Sec. 24), Sec. 2, eff. 495), Sec. (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. Sec. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. Assault in the second degree: Class D or C felony. (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. Sexual Assault Offense Classification. (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. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing Sept. 1, 2003. September 1, 2017. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 4170), Sec. 1052, Sec. (3)a Class A misdemeanor if the offense is committed against a pregnant individual (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. 1, eff. the offense is: (1)a Class A misdemeanor if the offense is committed under Subsection (a)(3) against Public intoxication (Penal Code 49.02), Assault by contact (Penal Code 22.01(a)(3)), Theft of less than $100 (Penal Code 31.03), 1, eff. the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including 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 1576), Sec. Acts 2009, 81st Leg., R.S., Ch. An offense under this section is a Class C misdemeanor. 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 (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. 900, Sec. 1, eff. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. 1 to 3, eff. (2) uses or exhibits a deadly weapon during the commission of the assault. 1019, Sec. 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 155, Sec. Sept. 1, 2003. (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. DEFINITIONS. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1.01, eff. 1019, Sec. (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. Amended by Acts 2003, 78th Leg., ch. (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. September 1, 2021. Current as of April 14, 2021 | Updated by FindLaw Staff. power or performance of an official duty as a public servant; (2)a person whose relationship to or association with the defendant is described 6, eff. 557, 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 1, eff. -2nd Degree Felony-. 417, Sec. September 1, 2021. (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. 335, Sec. 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: Acts 2015, 84th Leg., R.S., Ch. 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