(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. September 1, 2017. -1st Degree Felony-. (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, 2003. Sec. There is no bail bond amount in this case, and the defendant is released to appear for a court date. 22.041. 1, 2, eff. Acts 2015, 84th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. (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. 1, eff. Sept. 1, 1995; Acts 1997, 75th 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. 719 (H.B. 902), Sec. (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. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 162, Sec. 6.05, eff. 16.002, eff. 1, eff. 7031 Koll Center Pkwy, Pleasanton, CA 94566. (2) is committed against a public servant. 1.02. objectives of code . Acts 2005, 79th Leg., Ch. Texas penal code penal tx penal section 22.01. (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. 22.04. (b-3)Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony AIDING SUICIDE. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. 946), Sec. 1.01, eff. who, in the course and scope of employment or as a volunteer, provide services for 1, eff. 977, Sec. (a) In this section: (1) "Consumer Product" means any product offered for sale to or for consumption by the public and includes "food" and "drugs" as those terms are defined in Section 431.002, Health and Safety Code. 2, eff. (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 (3 . Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1999; Acts 1999, 76th Leg., ch. normal breathing or circulation of the blood of the person by applying pressure to Sept. 1, 1983. (a) A person commits an offense if the person commits assault as defined in Sec. 620, Sec. 1, eff. or nolo contendere in return for a grant of deferred adjudication, regardless of whether 164, Sec. 6), Sec. 1, eff. (1) a defendant has been previously convicted of an offense listed in those subsections committed against a person whose relationship to or association with the defendant is described by Section 71.0021 (b), 71.003, or 71.005, Family Code, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return 495), Sec. Added by Acts 1984, 68th Leg., 2nd C.S., ch. An offense under Subsection (c) is a felony of the third degree. 399, Sec. We will always provide free access to the current law. 2, eff. the person's throat or neck or by blocking the person's nose or mouth. 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. 900, Sec. Acts 2021, 87th Leg., R.S., Ch. 1, eff. September 1, 2011. 1, eff. 003, Health and Safety Code, emergency room personnel, and other individuals 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 . https://texas.public.law/statutes/tex._penal_code_section_22.01. 22.11. 688), Sec. ASSAULTIVE OFFENSES 22.01. 34, eff. 1 to 3, eff. under another section of this code, the actor may be prosecuted under either section 7, eff. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. September 1, 2019. 5, eff. (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. power or performance of an official duty as a public servant; (2)a person whose relationship to or association with the defendant is described 840 (H.B. Acts 1973, 63rd Leg., p. 883, ch. TITLE 5. 665 (H.B. In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Class: Penal Code: Enhancement: Enhanced Punishment Range: Class A: 12.43(a) Prior Class A or Felony: $4,000, 90 days-1 year: Class B: 12.43(b) Prior Class A, B or Felony: $2,000, 30 days- 180 days: Class C: 12.43(c) 3 Prior Convictions of DOC or Public Intoxication or a combination : $2,000 Max and/or 180 days 1.125(a), eff. 1, eff. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. 12.23. class c misdemeanor . Acts 2009, 81st Leg., R.S., Ch. 1576), Sec. 2, eff. 1, eff. (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. (3)intentionally or knowingly causes physical contact with another when the person Next . of the contract, if the actor knows the person or employee is authorized by the state September 1, 2017. 79, Sec. Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. ASSAULTIVE OFFENSES Sec. 1286), Sec. 202, Sec. 3, eff. 900, Sec. 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. An assault is classified as a class a misdemeanor if bodily injury was caused. September 1, 2021. Acts 2017, 85th Leg., R.S., Ch. to provide the service; or. 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; Sept. 1, 1985. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing Sept. 1, 1991; Acts 1993, 73rd Leg., ch. September 1, 2011. Class C misdemeanors are a type of crime in Texas. 1, eff. 900, Sec. (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. (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. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. 16.003, eff. (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. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. Acts 2005, 79th Leg., Ch. September 1, 2007. 29), Sec. 38.113. unauthorized absence from community corrections facility, county . 1087, Sec. (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. September 1, 2009. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. 1028, Sec. 773. 21.002(14), eff. Assault in the second degree: Class D or C felony. Current as of April 14, An offense under this section is a Class A misdemeanor. and the defendant was subsequently discharged from community supervision; and. Cookie Settings. Acts 2017, 85th Leg., R.S., Ch. TAMPERING WITH CONSUMER PRODUCT. Acts 2009, 81st Leg., R.S., Ch. 388, Sec. 1, eff. normal breathing or circulation of the blood of the person by applying pressure to by Section 71.0021(b), 71.003, or 71.005, Family Code; or. 399, Sec. 91), Sec. 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. (B)a person who contracts with the state to perform a service in a civil commitment 187 (S.B. Sept. 1, 2003. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. 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) 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. 1019, Sec. 62, Sec. ABANDONING OR ENDANGERING CHILD. September 1, 2019. for non-profit, educational, and government users. 46, eff. 1158, Sec. 12, 13, eff. 904, Sec. 549), Sec. Acts 2017, 85th Leg., R.S., Ch. April 14, 1987; Acts 1987, 70th Leg., ch. Added by Acts 1985, 69th Leg., ch. 1354), Sec. 1019, 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. Under Texas Penal Code 25.11, you can be convicted of this crime if you commit at least two assaults against a member of your family or household within 12 months. by Section 71.0021(b), 71.003, or 71.005, Family Code; and. (d) The defense provided by Section 22.011(d) applies to this section. September 1, 2017. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 399, Sec. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 38, eff. 900, Sec. -or-. 1, eff. 900, Sec. (f) An offense under Subsection (c) is a state jail felony. Acts 2017, 85th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 734 (H.B. Sept. 1, 1997; Acts 1999, 76th Leg., ch. INDECENT ASSAULT. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Amended by Acts 1979, 66th Leg., p. 367, ch. Class C Assault is described in Section 22.01 (a) (2) and (3) of the Texas Penal Code as follows: [1] (a) A person commits an offense if the person: (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or 1.18, eff. Amended by Acts 1989, 71st Leg., ch. 2589), Sec. Search by Keyword or Citation. September 1, 2021. 977, Sec. Acts 2005, 79th Leg., Ch. 6, eff. (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. While Class C misdemeanors don't require jail time, these charges still come with a hefty fine. discharging an official duty, or in retaliation or on account of an exercise of official Jan. 1, 1974. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 7, eff. 14.829, eff. 705), Sec. 176), Sec. 1.01, eff. 22.012. Indecent Assault. 2, 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. 11, eff. (e) An offense under this section is a felony of the first degree. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. 2, eff. 1)"Causes serious Bodily INJURY to another, including the person's spouse". Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Class C misdemeanor Punishment is up to $500 fine only; Prosecuted either in municipal court or the Justice of the Peace. 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