1.01, eff. TERRORISTIC THREAT. 497, Sec. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 1028, Sec. (e) An offense under this section is a felony of the first degree. (C) the victim is an elderly individual or a disabled individual. 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. 1101, Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 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. 28, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1029, Sec. 2.017, eff. SEXUAL ASSAULT. DEFINITIONS. Assault - last updated April 14, 2021 September 1, 2013. 361 (H.B. 6), Sec. discharging an official duty, or in retaliation or on account of an exercise of official Acts 1973, 63rd Leg., p. 883, ch. 1576), Sec. 6, eff. 2, eff. 1)"Causes serious Bodily INJURY to another, including the person's spouse". 1808), Sec. 2, eff. 719 (H.B. 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. Nevertheless, they become Class A or B misdemeanor offenses . (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. (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 15.02(a), eff. 15.02(b), eff. Sept. 1, 2003. 620, Sec. 946), Sec. 34 (S.B. September 1, 2009. Current as of April 14, 2021 | Updated by FindLaw Staff. 436 (S.B. Class A misdemeanor "Bodily injury" means physical pain, illness, or any impairment of physical condition - Texas Penal Code 1.07(8); (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. September 1, 2005. 751 (H.B. sec. 5, eff. 294, Sec. Class C misdemeanors are the least serious crimes under Texas Penal code. (2) "Spouse" means a person who is legally married to another. Call 738-8383 to schedule a free, no-obligation consultation to discover your options. September 1, 2011. 557, Sec. 1306), Sec. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. Acts 2013, 83rd Leg., R.S., 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. Acts 2005, 79th Leg., Ch. Prev. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 2908), Sec. 773. 4.02, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded. 1286, Sec. Similarly, while assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors, they can be enhanced to Class A or B misdemeanors when the victim has certain characteristics, like being 14, Sec. 584 (S.B. 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 (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. 22.01. (1) "Child" has the meaning assigned by Section 22.011(c). (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. 8), Sec. September 1, 2009. performance of an official duty as a peace officer or judge. (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. 6, eff. Contact us. 1 to 3, eff. 788 (S.B. (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. Over time, the Texas Legislature passes more laws and recently, there has been the passage of a new domestic assault family violence statute (Texas Penal Code 2.01(b)(2),22.01(b)(2)(b)) involving choking or attempting to strangle another person as identified in Texas Penal Code Sections 71.0021(b), 71.003, or 71.005: (b-1)Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony (B) a person who contracts with the state to perform a service in a civil commitment facility or an employee of that person: (i) 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 the state to provide the service; or. (2) is committed against a public servant. Acts 2015, 84th Leg., R.S., Ch. CHAPTER 21. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. September 1, 2009. 2908), Sec. 34 (S.B. 1286), Sec. 2, eff. 34 (S.B. Jan. 1, 1974. 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 1, eff. if the person was wearing a distinctive uniform or badge indicating the person's employment 1158, Sec. 900, Sec. or both sections. 91), Sec. Copyright 2023, Thomson Reuters. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). (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. 655, Sec. September 1, 2017. includes an athlete, referee, umpire, linesman, coach, instructor, administrator, Section 22.01 Assault, (d) For purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant, a security officer, or emergency services personnel if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer or emergency services personnel. 573, Sec. 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. is a peace officer or judge while the officer or judge is lawfully discharging an (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). 12.23. class c misdemeanor . (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. Sec. 6, eff. 728 (H.B. 3, eff. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. (c) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. (b) An offense under this section is a felony of the third degree. 16.002, 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. Assault by contact is an assault where physical contact is involved. The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. 184), Sec. 187 (S.B. -2nd Degree Felony-. (c-1) Notwithstanding Subsection (c)(2), an offense under Subsection (a)(2) is a state jail felony if the offense is committed against a person the actor knows is a peace officer or judge. (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, 1995; Acts 1999, 76th Leg., ch. 768), Sec. However, they are still more serious than infractions. assaulted was a public servant, a security officer, or emergency services personnel Acts 1973, 63rd Leg., p. 883, ch. capacity as a sports participant; or, (B)in retaliation for or on account of the participant's performance of a duty or ABANDONING OR ENDANGERING CHILD. 22.01. (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 . 667), Sec. 12, 13, eff. September 1, 2017. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. 440 (H.B. (d) In this section, "correctional or detention facility" means: (2) a "secure correctional facility" or a "secure detention facility" as defined by Section 51.02, Family Code, operated by or under contract with a juvenile board or the Texas Juvenile Justice Department or any other facility operated by or under contract with that department. 1, eff. (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. Jan. 1, 1974. 1, eff. Sec. Acts 2009, 81st Leg., R.S., Ch. 2, eff. You'll have to pay up to $500 if you're charged with Class C assault in Texas. 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. 1, eff. to force the individual to have an abortion. 388, Sec. 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. (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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. If simple assault involves assaulting an athlete or . 7, 2021). 399, Sec. 1, eff. Feb. 1, 2004. Acts 1973, 63rd Leg., p. 883, ch. 1, eff. (vi) with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim's ability to appraise the nature of the act or to resist the act; (B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or. 14.829, eff. 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 620 (S.B. September 1, 2007. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 2nd Degree Felony for Aggravated Assault. 00 all the way to decades in prison. a service within the scope of the contract. 593 (H.B. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 7, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 53a-60. (e) An offense under Subsection (a) is a Class A misdemeanor. 2)"use or exhibits a deadly weapon during the commission of the assault". September 1, 2015. 38.113. unauthorized absence from community corrections facility, county . 623 (H.B. 1306), Sec. Indecent Assault. 22.01, assault covers three different types of actions. 399, Sec. (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. ASSAULT. We will always provide free access to the current law. -or-. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. Sec. (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. 1, eff. 3, eff. Acts 2007, 80th Leg., R.S., Ch. 38, eff. 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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 687, Sec. 459, Sec. 900, Sec. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 1, eff. Sept. 1, 1997; Acts 1995, 74th Leg., ch. When the conduct is engaged in recklessly, the offense is a state jail felony. (2)Repealed by Acts 2005, 79th Leg., ch. 1164), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. consequences of a conviction for assault under Texas Penal Code 22.01. title 1. introductory provisions chapter 1. general provisions. 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: Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. Class C misdemeanors are a type of crime in Texas. September 1, 2009. Acts 2005, 79th Leg., Ch. 268 (S.B. Acts 2005, 79th Leg., Ch. Amended by Acts 2003, 78th Leg., ch. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. 1, eff. Penal Code 12.22] Confinement in jail for a te rm not to exceed 180 days Fine not to exceed $2,000 (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. Sec. (2) uses or exhibits a deadly weapon during the commission of the assault. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. is a conviction of the offense listed. September 1, 2017. Assault by Threat is a Class C offense in Texas and is subject to fines of up to $500. (b) An offense under this section is a felony of the second degree . (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. Texas Disciplinary Rules of Professional Conduct, the attorney . 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