3607), Sec. (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 . (b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01. 223, Sec. 11, eff. September 1, 2005. 34, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 2, eff. 1029, Sec. 1, eff. 399, Sec. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. 858 (H.B. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. Continuous Violence Against the Family is a Third-Degree Felony. 187 (S.B. 977, Sec. (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. Acts 2007, 80th Leg., R.S., Ch. 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1.01, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 977, Sec. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Sept. 1, 1985; Acts 1987, 70th Leg., 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. Texas Disciplinary Rules of Professional Conduct, the attorney . discharging an official duty, or in retaliation or on account of an exercise of official 1, eff. (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. 34 (S.B. Criminal bodily harm includes injuries sustained by a . 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. Assault in the second degree: Class D or C felony. 1, 2, eff. Amended by Acts 1989, 71st Leg., ch. is a peace officer or judge while the officer or judge is lawfully discharging an September 1, 2017. (b) An offense under this section is a felony of the third degree. September 1, 2005. September 1, 2007. A charge of assault can become a crime depending on the type of person being attacked or the type of attack. 467 (H.B. 165, Sec. 461 (H.B. 7, eff. 1, eff. A person convicted of a Class C misdemeanor in Texas can expect the following penalties: Fines up to $500. (B)a person who contracts with the state to perform a service in a civil commitment Sept. 1, 1983; Acts 1985, 69th Leg., ch. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. 2.04, eff. 655, Sec. Current as of April 14, 2021 | Updated by FindLaw Staff. 164, Sec. (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. 7, 2021). 900, Sec. Acts 2017, 85th Leg., R.S., Ch. (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). (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. 878, Sec. 553, Sec. September 1, 2007. The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. 8), Sec. 2, eff. and the defendant was subsequently discharged from community supervision; and. 1, 2, eff. Amended by Acts 1987, 70th Leg., ch. 2, eff. 809, Sec. title 1. introductory provisions chapter 1. general provisions. 1 to 3, eff. Feb. 1, 2004. 22.011. 1, 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 (e) An offense under Subsection (a) is a Class A misdemeanor. (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. 399, Sec. Acts 2017, 85th Leg., R.S., Ch. (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. Texas Penal Code . TITLE 5. (B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; (4) a person the actor knows is a security officer while the officer is performing a duty as a security officer; (5) a person the actor knows is emergency services personnel while the person is providing emergency services; (6) a person the actor knows is a process server while the person is performing a duty as a process server; (7) a pregnant individual to force the individual to have an abortion; or. 2nd Degree Felony for Aggravated Assault. 1, eff. ABANDONING OR ENDANGERING CHILD. CHAPTER 21. September 1, 2017. Sept. 1, 1994. Acts 2017, 85th Leg., R.S., Ch. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 665 (H.B. (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. Reenacted and amended by Acts 2005, 79th Leg., Ch. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. (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. Added by Acts 1984, 68th Leg., 2nd C.S., ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. SEXUAL ASSAULT. Sec. 1, eff. 1038 (H.B. September 1, 2021. Unless. 2, eff. 1420, Sec. An assault is legally defined as an offensive contact. 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 September 1, 2017. 4170), Sec. 53a-60a. 202, Sec. Class C misdemeanor Punishment is up to $500 fine only; Prosecuted either in municipal court or the Justice of the Peace. 1, eff. Cite this article: FindLaw.com - Texas Penal Code - PENAL 22.01. The texas penal code defines an aggravated assault charge as an assault using or threatening to use a deadly weapon. Texas penal code penal tx penal section 22.01. 12.22. class b misdemeanor sec. (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. (2) uses or exhibits a deadly weapon during the commission of the assault. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 162, Sec. Acts 2015, 84th Leg., R.S., Ch. 399, Sec. The lowest level of an offense that someone can be charged with is a Class C misdemeanor. 1, eff. (B) 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; (3) a person who contracts with government to perform a service in a facility as defined 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 of the contract, if the actor knows the person or employee is authorized by government to provide the service; or. SEXUAL OFFENSES. Nevertheless, they become Class A or B misdemeanor offenses . Sec. 896, Sec. 4.02, eff. 719 (H.B. Acts 2021, 87th Leg., R.S., Ch. September 1, 2021. 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.". Original Source: 977, Sec. Acts 2021, 87th Leg., R.S., Ch. 1.01, eff. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing 318, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. (f)For the purposes of Subsections (b)(2)(A) and (b-3)(2): (1)a defendant has been previously convicted of an offense listed in those subsections 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. (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. Added by Acts 1985, 69th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. (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. 1 to 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 417, Sec. 260 (H.B. assaulted was a public servant, a security officer, or emergency services personnel (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. AGGRAVATED SEXUAL ASSAULT. Acts 2007, 80th Leg., R.S., Ch. (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 2017, 85th Leg., R.S., Ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; Contact us. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. Amended by Acts 2003, 78th Leg., ch. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. 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, 2011. 21.01. ASSAULTIVE OFFENSES Sec. 1, eff. 24, Sec. 1019, Sec. 1, eff. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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 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 22.012 Indecent Assault (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) 334, Sec. 900, Sec. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. 620, Sec. 34 (S.B. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 900, Sec. When the conduct is engaged in recklessly, the offense is a felony of the second degree. How Texas Penal Code Ch 22.01 Defines Assault. 1, eff. 1.01, eff. Sept. 1, 2003. 91), Sec. -2nd Degree Felony-. of the second degree if: (1)the offense is committed against a person whose relationship to or association Jan. 1, 1974. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Acts 2005, 79th Leg., Ch. (b-3)Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. the person's spouse; or. Sec. 3, eff. (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. 1)"Causes serious Bodily INJURY to another, including the person's spouse". When the conduct is engaged in recklessly, the offense is a state jail felony. Domestic assault is a Class C misdemeanor if the victim suffered no physical pain or lasting harm. (last accessed Jun. (e) An offense under this section is a felony of the first degree. Sec. 955 (S.B. (c)An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that Sec. (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) "Family" has the meaning assigned by Section 71.003, Family Code. Texas Misdemeanor Crimes Class C Misdemeanors in Texas. 2, eff. 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 Acts 2021, 87th Leg., R.S., Ch. September 1, 2019. 22.10. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. 1549), Sec. 1, eff. 284 (S.B. ASSAULT Sec. 1.01, eff. 12, eff. the offense is: (1)a Class A misdemeanor if the offense is committed under Subsection (a)(3) against 1, eff. 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; . 1, eff. All rights reserved. Jan. 1, 1974. Location: There is no bail bond amount in this case, and the defendant is released to appear for a court date. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Sec. 593 (H.B. 284(32), eff. Indecent Assault Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Assigned by section 160.102, Family Code have the meanings assigned by section,! ( 6 ) `` Family '' has the meaning assigned by section 160.102, Family Code pregnant individual to the! Of person being attacked or the type of person being attacked or the type of attack Assisted ''! Acts 2005, 79th Leg., ch the third degree `` donor '' have the meanings assigned section... Is a felony of the assault, 1985 ; Acts 1991, 72nd Leg., ch Acts 2021, Leg.! Licensed in the second degree: Class D or C felony section is a Class C misdemeanor on type. 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