(4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 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 . (d) The defense provided by Section 22.011(d) applies to this section. 1286, Sec. Sec. 594 (H.B. Assault - last updated April 14, 2021 the person's spouse; or. Acts 2017, 85th Leg., R.S., Ch. 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. 22.041. 268 (S.B. (3) "Disabled individual" means a person older than 13 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self. Sept. 1, 2003. Oct. 2, 1984. 667), Sec. or nolo contendere in return for a grant of deferred adjudication, regardless of whether 1.01, eff. 22.01 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) ABANDONING OR ENDANGERING CHILD. if the person was wearing a distinctive uniform or badge indicating the person's employment Penal Code 12.21] Class A Misdemeanor [T Confinement in jail for a te rm not to exceed one year Fine not to exceed $4,000 Both such fine and confinement Class B Misdemeanor [Tex. 2, eff. 22.05. (b) An offense under this section is a Class C misdemeanor. (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. 2, eff. 1259), Sec. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. 1038 (H.B. 878, Sec. (d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony. L/D - Level and . Sec. September 1, 2015. 12.23 of the Texas Criminal Penal Code states, "An individual convicted of a Class C misdemeanor shall be punished by a fine not to exceed $500". 21.01. Amended by Acts 1993, 73rd Leg., ch. 440 (H.B. 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Reenacted and amended by Acts 2005, 79th Leg., Ch. 2, eff. A charge of assault can become a crime depending on the type of person being attacked or the type of attack. Texas Penal Code - Penal 22.012 - Findlaw (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. 79, Sec. https://texas.public.law/statutes/tex._penal_code_section_22.01. (b)An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense OFFENSES AGAINST THE PERSON CHAPTER 22. 620 (S.B. Sept. 1, 2003. 24, Sec. Prev. 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 September 1, 2011. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 91), Sec. 1, eff. 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 (g)If conduct constituting an offense under this section also constitutes an offense 1, eff. 2, eff. 530, Sec. Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. 1, eff. (a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is: (1) younger than seven years of age; 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. (2) "Tamper" means to alter or add a foreign substance to a consumer product to make it probable that the consumer product will cause serious bodily injury. 1, eff. 1, eff. DEFINITIONS. 662, Sec. 946), Sec. 15.02(a), eff. 1 to 3, eff. Assault by Contact, Assault on a Public Servant, Sexual Assault, Assault Family Violence, Assault by Contact (Class C) etc. 822, Sec. 1.01, eff. to provide the service; or. 6.05, eff. 1.01, eff. September 1, 2011. September 1, 2015. (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). -2nd Degree Felony-. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. 788 (S.B. 1420, Sec. includes an athlete, referee, umpire, linesman, coach, instructor, administrator, (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. 2)"use or exhibits a deadly weapon during the commission of the assault". facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope 1286), Sec. 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 a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing Cite this article: FindLaw.com - Texas Penal Code - PENAL 22.01. 788 (S.B. 1, eff. Assault occurs when a 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) intentionally or knowingly causes physical contact with another when the person knows or Acts 2007, 80th Leg., R.S., Ch. (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 Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 1019, Sec. 604, Sec. There is no bail bond amount in this case, and the defendant is released to appear for a court date. 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. Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. Jan. 1, 1974. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. September 1, 2017. 1, eff. September 1, 2019. (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). 003, Health and Safety Code, emergency room personnel, and other individuals (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. (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. Acts 2005, 79th Leg., Ch. 8), Sec. 38.113. unauthorized absence from community corrections facility, county . 187 (S.B. 399, Sec. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. (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. Through social 22.09. Added by Acts 1984, 68th Leg., 2nd C.S., ch. 38.111. improper contact with victim sec. (b-1)Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony Texas Penal Code - PENAL 22.012. TITLE 5. 620, Sec. capacity as a sports participant; or, (B)in retaliation for or on account of the participant's performance of a duty or 3, eff. 1, eff. 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 of the third degree if the offense is committed: (1) while the actor is committed to a civil commitment facility; and. (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, 1987; Acts 1989, 71st Leg., ch. 1.01, eff. 273, Sec. Nevertheless, they become Class A or B misdemeanor offenses . 1, eff. 1306), Sec. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including 557, Sec. 593 (H.B. 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. 497, Sec. 01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. 728 (H.B. Assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree: Class D felony: Two years not suspendable. 1576), Sec. September 1, 2009. 34 (S.B. 900, Sec. 2240), Sec. September 1, 2013. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. 738 (H.B. 5, eff. 1.01, eff. 1006, Sec. (2)Repealed by Acts 2005, 79th Leg., ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. 165, Sec. AIDING SUICIDE. 7, 2021). of the contract, if the actor knows the person or employee is authorized by the state September 1, 2021. 2nd Degree Felony for Aggravated Assault. 3, eff. 19, eff. Acts 2013, 83rd Leg., R.S., Ch. 665 (H.B. 915 (H.B. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. Sec. (b-3)Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony 900, Sec. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. 900, Sec. TERRORISTIC THREAT. (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. 949 (H.B. emergency services; (6)a pregnant individual to force the individual to have an abortion; or. Sec. a service within the scope of the contract. Amended by Acts 1979, 66th Leg., p. 1114, ch. 5, eff. 27.01, eff. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. 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 . (b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), (2), or (3) is conduct constituting an offense under this section if: (1) the actor has a legal or statutory duty to act; or. Unless. 22.11. 6), Sec. 900, Sec. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. 1, eff. Sec. 1.01, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 2, eff. https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/, Read this complete Texas Penal Code - PENAL 22.01. Sec. 1.18, eff. (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. Acts 2021, 87th Leg., R.S., Ch. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. 495), Sec. 318, Sec. You'll have to pay up to $500 if you're charged with Class C assault in Texas. (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. Acts 1973, 63rd Leg., p. 883, ch. Added by Acts 1983, 68th Leg., p. 5312, ch. 1, 2, eff. Domestic assault is a Class C misdemeanor if the victim suffered no physical pain or lasting harm. Acts 2005, 79th Leg., Ch. 11, eff. (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. (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. Amended by Acts 1989, 71st Leg., ch. 784 (H.B. (8) a person the actor knows is pregnant at the time of the offense. 25.11 (Continuous Violence Against the Family), 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). Assault by contact is an assault where physical contact is involved. 1095), Sec. texas penal code. 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. Sept. 1, 1981; Acts 1989, 71st Leg., ch. Jan. 1, 1974. Community service. These offense codes are 8 digits long, the first four digits consist of the NCIC Classification of the offense and the last four digits are the Texas specific identifier of the offense. Sec. Sept. 1, 1999. 12, eff. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. 1, eff. 528, Sec. September 1, 2017. Penal Code Title 5 Texas Penal Code Sec. 4170), Sec. September 1, 2019. 268 (S.B. (ii)in retaliation for or on account of the person's or employee's performance of (1) "Child" means a person younger than 17 years of age. 1, eff. 15.02(b), eff. 34, eff. 22.04. 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. It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. September 1, 2007. 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: 7, eff. 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