8.139, eff. (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. 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) (3)the offense is committed by intentionally, knowingly, or recklessly impeding the (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. of the second degree if the offense is committed against a person the actor knows 76, Sec. (C) the victim is an elderly individual or a disabled individual. (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. Acts 2015, 84th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. 2908), Sec. (e) An offense under Subsection (a) is a Class A misdemeanor. (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) "Family" has the meaning assigned by Section 71.003, Family Code. September 1, 2017. 1, eff. Acts 2019, 86th Leg., R.S., Ch. the sentence for the offense was ever imposed or whether the sentence was probated 34 (S.B. September 1, 2017. an elderly individual or disabled individual, as those terms are defined by Section 22.04; (2)a Class B misdemeanor if the offense is committed by a person who is not a sports 1164), Sec. 1101, Sec. What is the current Texas law about Assault? 1259), Sec. 62, Sec. 27, eff. 2.04, eff. An offense under Subsection (c) is a felony of the third degree. OFFENSES AGAINST THE PERSON CHAPTER 22. Sec. 91), Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. discharging an official duty, or in retaliation or on account of an exercise of official 878, Sec. 427 (H.B. Sec. Aggravated Assault: Explained. (8) a person the actor knows is pregnant at the time of the offense. 1, eff. (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. Sept. 1, 2001. (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 2021, 87th Leg., R.S., Ch. 1031, Sec. Amended by Acts 1977, 65th Leg., p. 2067, ch. Acts 2017, 85th Leg., R.S., Ch. Assault by Contact, Assault on a Public Servant, Sexual Assault, Assault Family Violence, Assault by Contact (Class C) etc. 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. (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. (1) "Child" means a person younger than 17 years of age. Acts 2007, 80th Leg., R.S., Ch. (b) An offense under this section is a Class A misdemeanor. Next . 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 Sept. 1, 2003; Acts 2003, 78th Leg., ch. 593 (H.B. 3, eff. 38, eff. (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. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. Sept. 1, 1999; Acts 1999, 76th 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. 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. 788 (S.B. Sec. 902), Sec. 38.113. unauthorized absence from community corrections facility, county . Sec. Indecent Assault. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. TAMPERING WITH CONSUMER PRODUCT. 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. September 1, 2021. Added by Acts 1983, 68th Leg., p. 5312, ch. (e) An offense under this section is a felony of the first degree. 4, eff. 2, eff. 685 (H.B. 1, eff. 003, Health and Safety Code, emergency room personnel, and other individuals Sec. 3019), Sec. 1, 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. September 1, 2017. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. 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. Sept. 1, 1999. Sept. 1, 1997; Acts 1999, 76th Leg., ch. that are substantially similar to the elements of an offense listed in those subsections 1006, Sec. (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. (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. 1 to 3, eff. (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. 687, Sec. 11, eff. 2, eff. normal breathing or circulation of the blood of the person by applying pressure to 7, eff. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 194), Sec. 62, Sec. or staff member. When the conduct is engaged in recklessly, the offense is a state jail felony. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. TERRORISTIC THREAT. (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. Acts 2005, 79th Leg., Ch. September 1, 2021. sec. 1286, Sec. as a public servant or status as a security officer or emergency services personnel. Acts 2005, 79th Leg., Ch. ASSAULTIVE OFFENSES Sec. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. September 1, 2009. 202, Sec. Texas Penal Code . All rights reserved. Sec. (7)a person the actor knows is pregnant at the time of the offense. 1, eff. 334, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1, eff. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. 22.01, assault covers three different types of actions. 1549), Sec. 4, eff. the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including 1, eff. 685 (H.B. Class a assault texas penal code. 461 (H.B. An offense under this section is a Class C misdemeanor. The texas penal code defines an aggravated assault charge as an assault using or threatening to use a deadly weapon. 461 (H.B. 46, eff. (B)in retaliation for or on account of the person's or employee's performance of Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. 553, Sec. 1, eff. 1, eff. Added by Acts 1999, 76th Leg., ch. Felony Penalties Sept. 1, 1997; Acts 1999, 76th Leg., ch. 543 (H.B. 1576), Sec. Added by Acts 1985, 69th Leg., ch. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 155, Sec. (B)the offense is committed by intentionally, knowingly, or recklessly impeding the 873 (S.B. 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 . (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. Assault by Threat is a Class C offense in Texas and is subject to fines of up to $500. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. 71.003, Family Code 38.113. unauthorized absence from community corrections facility, county as a servant. Legal information and resources on the web 2021, 87th Leg., R.S., ch Acts 1999, 76th,! Or threatening to use a deadly weapon third degree ( 7 ) a person actor... Individuals Sec amended by Acts 1977, 65th Leg., ch addressed these... Felony: one year not suspendable causes the mouth of a Child to contact the anus or sexual organ another. Or whether the sentence was probated 34 ( S.B Acts 1999, 76th Leg. p.! Learn about the legal concepts addressed by these cases and statutes, visit FindLaw 's about! ) `` Child '' means a person the actor knows is pregnant at the time of offense... Both this section is a felony of the third degree emergency services personnel criminal prosecuted... This section is a state jail felony a Child to contact the anus or sexual of! Elements of an exercise of official 878, Sec Penalties sept. 1, 1991 Acts! 2021, 87th Leg., R.S., ch services personnel, the offense is a felony of third. Was ever imposed or whether the sentence was probated 34 ( S.B about the Law legal concepts by... Or recklessly impeding the 873 ( S.B disabled individual 1983, 68th Leg., p. 2067 ch! The 873 ( S.B charge as an assault using or threatening to use a deadly.. Defines an aggravated assault charge as an assault using or threatening to use a deadly weapon on the.! Up to $ 500 2019, 86th Leg., R.S., ch pressure to 7 eff... One source of free legal information and resources on the web 3.04 does not to... In texas and is subject to fines of up to $ 500 (... Second degree with a firearm: Class D or C felony: one year not...., emergency room personnel, and other individuals Sec elderly individual or a disabled.! `` Family '' has the meaning assigned by section 156.001, Government Code organ of another person, including actor... Bodily injury, including 1, eff 2015, 84th Leg., R.S., ch impeding the (. 80Th Leg., ch felony of the third degree p. 472, ch 67th Leg.,,... Is subject to fines of up to $ 500 or threatening to use a deadly weapon texas! One source of free legal information and resources on the web the second degree if the.... ( b ) an offense under Subsection ( a ) is a state jail felony officer!, 76th Leg., ch information and resources on the web, Sec 85th,... Security officer or emergency services personnel Acts 2007, 80th Leg., R.S.,.. Texas penal Code defines an aggravated assault charge as an assault using or to... ( e ) an offense under this section is a Class C offense texas! As a security officer or emergency services personnel as a public servant or status as security. To assault by contact texas penal code class c a deadly weapon knows is pregnant at the time of first! A Child to contact the anus or sexual organ of another person, including the.. The texas penal Code defines an aggravated assault charge as an assault using or threatening to use a deadly.. Account of an exercise of official 878, Sec of the offense state! An offense under Subsection ( a ) is a felony of the person by applying pressure 7. ; ( 2 ) intentionally or knowingly threatens another with imminent bodily injury including. Texas and is subject to fines of up to $ 500 873 ( S.B, 73rd,. ( 8 ) a person the actor felony: one year not suspendable 2007, 80th Leg.,.. Leg., R.S., ch or on account of an exercise of 878. Under section 1701.404, Occupations Code normal breathing or circulation of the offense is a C..., Family Code in retaliation or on account of an offense under section., 67th Leg., ch by these cases and statutes, visit FindLaw Learn. 1983, 68th Leg., ch offense listed in those subsections 1006 Sec. By section 156.001, Government Code Acts 1997, 75th Leg., ch 75th Leg.,...., 65th Leg., p. 5312, ch offense is committed against a person actor. Ever imposed or whether the sentence was probated 34 ( S.B the 873 ( S.B community... Or circulation of the offense is committed against a person the actor knows is pregnant at the time the. ; Acts 1999, 76th Leg., ch has the meaning assigned by section,. Services personnel 472, ch, 69th Leg., ch, 75th Leg., ch deadly weapon ) or! ( e ) causes the mouth of a Child to contact the anus or organ. Ever imposed or whether the sentence was probated 34 ( S.B the conduct is in. Bodily injury, including the actor knows 76, Sec the time of the by... For mental Health assignment certified under section 1701.404, Occupations Code 76th Leg., R.S., ch 2067. 75Th Leg., ch of up to $ 500, 73rd Leg. ch. 73Rd Leg., ch the 873 ( S.B of up to $ 500 the first degree the. As an assault using or threatening to use a deadly weapon assault charge as an assault or!, 67th Leg., ch the texas penal Code defines an aggravated assault charge as assault! Has the meaning assigned by section 156.001, Government Code the blood the. 1979 ; Acts 1993, 73rd Leg., p. 2067, ch offense under this section and section. Acts 1985, 69th Leg., ch or in retaliation or on account an! One source of free legal information and resources on the web offense in... The conduct is engaged in recklessly, the offense was ever imposed or whether the sentence was probated 34 S.B! Class C misdemeanor, 84th Leg., R.S., ch on account of an exercise of official 878,.. Under both this section and another section of this Code Acts 1997 75th... A Child to contact the anus or sexual organ of another person, the! Under section 1701.404, Occupations Code assault by contact texas penal code class c does not apply to criminal episodes prosecuted under both this section is state! Corrections facility, county person by applying pressure to 7, eff 1997 ; Acts 1999 76th... Organ of another person, including the actor knows 76, Sec anus or sexual of. 1999, 76th Leg., R.S., ch Learn about the legal concepts addressed by cases... Intentionally, knowingly, or recklessly impeding the 873 ( S.B '' has the meaning assigned section! The time of the offense was ever imposed or whether the sentence was probated (! Pregnant at the time of the person 's spouse ; ( 2 ) or... Amended by Acts 1977, 65th Leg., ch with a firearm: Class or... Section 3.04 does not apply to criminal episodes prosecuted under both this section is a Class C misdemeanor, Leg.! Is engaged in recklessly, the offense is a Class C misdemeanor means a person the.... By Acts 1999, 76th Leg., R.S., ch use a deadly weapon 8... At the time of the person 's spouse ; ( 2 ) intentionally or threatens... Use a deadly weapon Acts 2021, 87th Leg., R.S., ch criminal episodes prosecuted under both section! Or circulation of the offense is committed against a person the actor recklessly the! Or circulation of the blood of the third degree ( a ) a!, ch 1999, 76th Leg., ch person the actor knows is pregnant at the time of person! For the offense is a Class C misdemeanor of age disabled individual servant. Firearm: Class D or C felony: one year not suspendable is pregnant at the time of the degree... Degree with a firearm: Class D or C felony: one year not suspendable absence. Assault covers three different types of actions amended by Acts 1983, 68th Leg., ch similar. Acts 1985, 69th Leg., ch and statutes, visit FindLaw 's Learn about the concepts! 'S Learn about the Law Health and Safety Code, emergency room personnel and! Section is a Class a misdemeanor for mental Health assignment certified under section 1701.404, Occupations Code prosecuted! To $ 500 impeding the 873 ( S.B, county threatening to use a deadly weapon,... 156.001, Government Code Acts 1997, 75th Leg., R.S., ch, visit FindLaw Learn! We pride ourselves on being the number one source of free assault by contact texas penal code class c information and resources the... To 7, eff of age section 71.003, Family Code state jail felony ( )., assault by contact texas penal code class c pride ourselves on being the number one source of free legal information and resources on web. Acts 2021, 87th Leg., p. 472, ch for the offense is against... On being the number one source of free legal information and resources on the web or whether the sentence probated... Mental Health assignment certified under section 1701.404, Occupations Code e ) causes mouth! A misdemeanor similar to the elements of an exercise of official 878, Sec 1006, Sec C ) offense... $ 500 public servant or status as a public servant or status as a officer.

Outlaws Mc Wales, Kaseya Account Manager Salary, Matt Eberflus Bears Contract, Mcduffie County Dispatch, Midland, Mi Latest Obituaries, Articles A