Added by Acts 2019, 86th Leg., R.S., Ch. 1, eff. Acts 2021, 87th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 2)"use or exhibits a deadly weapon during the commission of the assault". Copyright 2023, Thomson Reuters. (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. An offense under Subsection (a-1) is a state jail felony when the person, with criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), or (3). 34 (S.B. (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. 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: 1, eff. Acts 1973, 63rd Leg., p. 883, ch. . 2589), Sec. 2, eff. Texas penal code penal tx penal section 22.01. TITLE 5. (a) A person commits an offense if the person commits assault as defined in Sec. 1.01, eff. performance of an official duty as a peace officer or judge. Acts 1973, 63rd Leg., p. 883, ch. Sec. 34 (S.B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Jan. 1, 1974. 2nd Degree Felony for Aggravated Assault. September 1, 2017. . 902), Sec. Sept. 1, 2003. According to Texas Penal Code 22.01, you could be arrested for the crime of simple assault if you intentionally, knowingly or recklessly cause bodily injury to another person, threaten another person with imminent bodily harm or cause physical contact with another person that you know is provocative or offensive. 318, Sec. 14, 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. Current as of April 14, 2021 | Updated by FindLaw Staff. (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. 1.01, eff. 1, eff. by Section 71.0021(b), 71.003, or 71.005, Family Code; and. September 1, 2005. Sec. 165, Sec. 662, Sec. 528, Sec. Acts 2005, 79th Leg., Ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 2552), Sec. 1, eff. 361 (H.B. 1, eff. 22.02. According to Texas law, Texas Penal Code Ann. 273, Sec. 1019, Sec. when it is a prohibited person of marriage. consequences of a conviction for assault under Texas Penal Code 22.01. (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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. Deliberately threatening another person with imminent physical harm "Intentionally, knowingly, or recklessly" causing physical harm or injury to another person Using physical contact on a person that is knowingly offensive or provocative texas penal code. These cases are quite complex and benefit from the expertise of a criminal defense attorney. This chapter does not apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is: (1) committed by the mother of the unborn child; (2) a lawful medical procedure performed by a physician or other health care provider with the requisite consent; (3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code; or. 76, Sec. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing 440 (H.B. 900, Sec. Evaluating Your Legal Options in Pearland 1, eff. 1029, Sec. 900, Sec. 16, Sec. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Aggravated Assault: Explained. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1031, Sec. 459, Sec. Acts 2017, 85th Leg., R.S., Ch. 11, 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. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. 1, eff. 620, Sec. 399, Sec. Acts 2017, 85th Leg., R.S., Ch. PENAL CODE. Unless. ASSAULT Sec. Sec. SEXUAL OFFENSES. 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. 366, Sec. (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. (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 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 for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; and. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 6.05, eff. (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. 1, eff. Texas Penal Code has a specific statute for continuous violence against the family. Amended by Acts 1989, 71st Leg., ch. Domestic assault is a Class A misdemeanor if the contact caused pain (such as a slap), left physical marks (such as cuts or bruises) or resulted in lasting . (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). 22.01. 900, Sec. (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. Sept. 1, 2003. 11, eff. | https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/. 6), Sec. 27.01, 31.01(68), eff. (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. 739, Sec. discharging an official duty, or in retaliation or on account of an exercise of official Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. 1, eff. responsibility within the participant's capacity as a sports participant; or. 15.02(a), eff. 900, Sec. 27.01, eff. 2, eff. 165, Sec. Acts 2009, 81st Leg., R.S., Ch. Sec. Penal Code Title 5 Texas Penal Code Sec. 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. 1.02. objectives of code . Amended by Acts 2003, 78th Leg., ch. 1)"Causes serious Bodily INJURY to another, including the person's spouse". 1, eff. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. 549), Sec. 1.125(a), eff. (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. TEXAS PENAL CODE Offense Punishment ex. 3, eff. (2) uses or exhibits a deadly weapon during the commission of the assault. 1.01, eff. 361 (H.B. Jan. 1, 1974. (2) uses or exhibits a deadly weapon during the commission of the assault. 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; 900, Sec. 5, eff. The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. The definition of assault is broad. (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. 436 (S.B. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. 1, eff. (b-3) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if: (1) the offense is 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; (2) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 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; and. Acts 2017, 85th Leg., R.S., Ch. 16.003, eff. . 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. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 467 (H.B. Assault in the second degree: Class D or C felony. Acts 1973, 63rd Leg., p. 883, ch. Search Texas Statutes. sec. Acts 2005, 79th Leg., Ch. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 858 (H.B. Texas Misdemeanor Crimes Class C Misdemeanors in Texas. Search by Keyword or Citation. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 22.05. 788, 6. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Acts 2005, 79th Leg., Ch. Sept. 1, 1983. (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 (C) the victim is an elderly individual or a disabled individual. 900, Sec. 399, Sec. 620 (S.B. 268 (S.B. (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 . 2005 Texas Penal Code CHAPTER 22. 705), Sec. 1, 2, eff. 4.02, eff. Amended by Acts 1987, 70th Leg., ch. September 1, 2021. (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. September 1, 2019. 2, Sec. 495), Sec. 436 (S.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. or provocative. 751 (H.B. 294, Sec. 223, Sec. 1.01. short title sec. While jail time is not an option, you could still be left on file with a conviction for assault. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. 594 (H.B. 3019), Sec. 2, eff. September 1, 2021. 728 (H.B. 977, Sec. Acts 2005, 79th Leg., Ch. (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. 768), 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. Let's dive into the statute and see what's going on here. 91), Sec. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). (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. 1, eff. Sec. (1) "Child" means a person younger than 17 years of age. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 22.11. (7)a person the actor knows is pregnant at the time of the offense. 1415, Sec. Class C misdemeanor Punishment is up to $500 fine only; Prosecuted either in municipal court or the Justice of the Peace. September 1, 2015. 3, eff. https://texas.public.law/statutes/tex._penal_code_section_22.01. The lowest level of an offense that someone can be charged with is a Class C misdemeanor. 667), Sec. Acts 2011, 82nd Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. (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. September 1, 2007. ASSAULT. 318, Sec. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly causes bodily injury to another, including 2908), Sec. We will always provide free access to the current law. 2, eff. Acts 1973, 63rd Leg., p. 883, ch. 12, 13, eff. 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. a service within the scope of the contract. 334, Sec. Assault on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. September 1, 2021. Acts 2009, 81st Leg., R.S., Ch. (3)intentionally or knowingly causes physical contact with another when the person sec. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. ABANDONING OR ENDANGERING CHILD. 904, Sec. 481, Sec. Cite this article: FindLaw.com - Texas Penal Code - PENAL 22.01. (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. 22.07. 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. 1101, Sec. September 1, 2017. 788 (S.B. (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. Texas Penal Code Section 22.01 defines assault as follows: A person commits an offense if the person: intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or September 1, 2011. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1095), Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (2) "Spouse" means a person who is legally married to another. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2005, 79th Leg., Ch. Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; 2, eff. 2, eff. If simple assault involves assaulting an athlete or . 4170), Sec. Acts 2021, 87th Leg., R.S., Ch. 1, eff. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. 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. Sec. (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. 176), Sec. Sec. the person's throat or neck or by blocking the person's nose or mouth. (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. of the contract, if the actor knows the person or employee is authorized by government Jan. 1, 1974. . Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 3, eff. of an official duty by the officer or employee; or. (8) a person the actor knows is pregnant at the time of the offense. if the person was wearing a distinctive uniform or badge indicating the person's employment Amended by Acts 1979, 66th Leg., p. 367, ch. 788 (S.B. 1, eff. Jan. 1, 1974. 29, eff. (2)Repealed by Acts 2005, 79th Leg., ch. Class C misdemeanors are the least serious crimes under Texas Penal code. (m) It is an affirmative defense to prosecution under Subsections (a)(1), (2), and (3) for injury to a disabled individual that the person did not know and could not reasonably have known that the individual was a disabled individual, as defined by Subsection (c), at the time of the offense. (h) It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code. 2.04, eff. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Assault is a common charge in . who, in the course and scope of employment or as a volunteer, provide services for Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. 7, 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. Under Texas Penal Code Ch 22.01 - Assault, an individual commits misdemeanor assault if they intentionally, knowingly, or recklessly: Cause bodily injury to another; Threaten bodily injury to another; Cause physical contact with another, while knowing the . (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. 1, eff. 2018), Sec. 1306), Sec. September 1, 2021. 284(23) to (26), eff. 573, Sec. 946), Sec. Sec. 399, Sec. 33, eff. 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 822, Sec. 12.22. class b misdemeanor sec. 1.01, eff. (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. September 1, 2005. 1, eff. 900, Sec. 1286, 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
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