Sept. 1, 1987; Acts 1989, 71st Leg., ch. 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) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or (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. (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. . Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Sec. 11, eff. 655, Sec. 1, eff. Class A misdemeanor "Bodily injury" means physical pain, illness, or any impairment of physical condition - Texas Penal Code 1.07(8); 3, eff. 21.002(14), eff. 34 (S.B. They are the least severe type of misdemeanor. 440 (H.B. Next . (3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and: (A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle; (B) is reckless as to whether the habitation, building, or vehicle is occupied; and. 003, Health and Safety Code, emergency room personnel, and other individuals ASSAULT Sec. . 27, eff. Indecent Assault. Unless. Jan. 1, 1974. 902), Sec. Acts 2021, 87th Leg., R.S., Ch. 1576), Sec. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (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. 294, Sec. 357, Sec. 900, Sec. Through social Acts 2009, 81st Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., 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 . Acts 2011, 82nd Leg., R.S., Ch. (B)a person who contracts with the state to perform a service in a civil commitment 18, Sec. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 14, Sec. 1, eff. (b) A person commits an offense if he knowingly or intentionally tampers with a consumer product knowing that the consumer product will be offered for sale to the public or as a gift to another. 22.10. September 1, 2017. 858 (H.B. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. normal breathing or circulation of the blood of the person by applying pressure to intercollegiate, or other organized amateur or professional athletic competition and (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. PENAL CODE. Read the code on findlaw explore resources for. Class C misdemeanor Punishment is up to $500 fine only; Prosecuted either in municipal court or the Justice of the Peace. 427 (H.B. September 1, 2021. (4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a: (A) licensed social worker as defined by Section 505.002, Occupations Code; (B) chemical dependency counselor as defined by Section 504.001, Occupations Code; (C) licensed professional counselor as defined by Section 503.002, Occupations Code; (D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code; (F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or. September 1, 2009. 2.04, eff. 7, eff. 91), Sec. SEXUAL ASSAULT. 417, Sec. the person's throat or neck or by blocking the person's nose or mouth. (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). ABANDONING OR ENDANGERING CHILD. (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. 79, Sec. 1.01, eff. Sec. 1259), Sec. 584 (S.B. Acts 2019, 86th Leg., R.S., Ch. Current as of April 14, An offense under this section is a Class A misdemeanor. 1.01, eff. 1306), Sec. 6, eff. 24), Sec. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. (i) was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title; (ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and, (iii) did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or, (A) the actor was not more than three years older than the victim at the time of the offense; and. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. 18, eff. 16.003, eff. and the defendant was subsequently discharged from community supervision; and. Acts 2007, 80th Leg., R.S., Ch. 11, eff. 1028, Sec. Acts 2017, 85th Leg., R.S., Ch. 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. 284(32), eff. 76, Sec. 900, Sec. Search by Keyword or Citation. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. (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. 819, Sec. September 1, 2021. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1, eff. Texas Penal Code Section 22.01 - Assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Penal Code Sec. 5, eff. (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. Sept. 1, 1983; Acts 1985, 69th Leg., ch. (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. 260 (H.B. September 1, 2019. Sept. 1, 1985. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 955 (S.B. of the second degree if the offense is committed against a person the actor knows What is the current Texas law about Assault? . September 1, 2005. (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. You'll have to pay up to $500 if you're charged with Class C assault in Texas. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 194), Sec. (b-1) Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony of the third degree if the offense is committed: (1) while the actor is committed to a civil commitment facility; and. (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. 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 All rights reserved. ASSAULTIVE OFFENSES 22.01. 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. (c) A person commits an offense if he knowingly or intentionally threatens to tamper with a consumer product with the intent to cause fear, to affect the sale of the consumer product, or to cause bodily injury to any person. 1008, Sec. 184), Sec. Evaluating Your Legal Options in Pearland 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.". 91), Sec. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; Felony Penalties 1, 2, eff. Added by Acts 1984, 68th Leg., 2nd C.S., ch. Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . (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. TERRORISTIC THREAT. Acts 2009, 81st Leg., R.S., Ch. the benefit of the general public during emergency situations. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, (7)a person the actor knows is pregnant at the time of the offense. Acts 2019, 86th Leg., R.S., Ch. 784 (H.B. 1286, Sec. 1, eff. 900, Sec. (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. 399, Sec. 6, eff. Current as of April 14, 2021 | Updated by FindLaw Staff. 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