2, eff. (d)For purposes of Subsection (b), the actor is presumed to have known the person (2) is committed against a public servant. 1, eff. 164), Sec. 38.113. unauthorized absence from community corrections facility, county . 3, eff. 22.041. September 1, 2009. Sec. 14, Sec. Acts 2017, 85th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 809, Sec. 3, eff. 1286), Sec. 2, eff. 22.12. 728 (H.B. 268 (S.B. An assault is legally defined as an offensive contact. 1, eff. There is no bail bond amount in this case, and the defendant is released to appear for a court date. (b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm. 79, Sec. a service within the scope of the contract. 1259), Sec. June 11, 2009. Sept. 1, 1999; Acts 1999, 76th Leg., ch. (2) not attended by an individual in the vehicle who is 14 years of age or older. to provide the service; or. 27.01, 31.01(68), eff. 399, Sec. While jail time is not an option, you could still be left on file with a conviction for assault. Class C misdemeanors are a type of crime in Texas. 2240), Sec. 12, 13, eff. 1576), Sec. 594 (H.B. Sec. SEXUAL ASSAULT. Sec. (c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the offense is: (1) a Class A misdemeanor if the offense is committed under Subsection (a)(3) against 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 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 capacity as a sports participant; or, (B) in retaliation for or on account of the participant's performance of a duty or responsibility within the participant's capacity as a sports participant; or. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Sec. (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. Acts 2017, 85th Leg., R.S., Ch. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including 620 (S.B. Amended by Acts 1979, 66th Leg., p. 1114, ch. OFFENSES AGAINST THE PERSON CHAPTER 22. (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. However, if a person has two prior Public Intoxication convictions on their record, a third PI can be enhanced to a Class B misdemeanor, which has a range of punishment of up to 180 . Continuous Violence Against the Family is a Third-Degree Felony. (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. 18, 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 Sept. 1, 1987; Acts 1989, 71st Leg., ch. 788 (S.B. DEFINITIONS. 4, eff. SEXUAL OFFENSES. Acts 2017, 85th Leg., R.S., Ch. 91), Sec. 768), Sec. 1038 (H.B. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. Sept. 1, 2003. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 2, eff. includes an athlete, referee, umpire, linesman, coach, instructor, administrator, Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 739, Sec. 5, eff. 1, 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. Acts 1973, 63rd Leg., p. 883, ch. (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. 1.125(a), eff. Sec. 335, Sec. Acts 2005, 79th Leg., Ch. 361 (H.B. https://texas.public.law/statutes/tex._penal_code_section_22.01. 1, eff. 28, eff. 902), Sec. September 1, 2021. 875 (H.B. official duty or in retaliation or on account of an exercise of official power or Jan. 1, 1974. . However, they are still more serious than infractions. 1, eff. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. 1306), Sec. Class C misdemeanors are the least serious crimes under Texas Penal code. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 12.23. class c misdemeanor . 1, eff. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . Assault in Texas is defined in Penal Code Chapter 22 and covers everything from a class C offensive touching to a first-degree aggravated assault punishable by up to life in prison. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing September 1, 2017. 659, Sec. 1, eff. 1 to 3, eff. 977, Sec. (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. (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. 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. 2, eff. PENAL CODE. ASSAULT. Sept. 1, 1997; Acts 1999, 76th Leg., ch. for non-profit, educational, and government users. 1, eff. 1, eff. 6), Sec. we provide special support September 1, 2021. 623 (H.B. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 3019), Sec. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the Sept. 1, 1995; Acts 1997, 75th Leg., ch. 10, eff. 22.01. (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. Assault Family Violence Class A Misdemeanor Conduct caused bodily injury Conduct against someone defined by Texas Family Code Assuming no enhancements apply Up to $4,000 fine; up to 365 days in county jail; or up to 2 years of probation Felony Domestic Violence Charges in Texas Assault Family Violence Impede Breath or Circulation Sept. 1, 1987; Acts 1989, 71st Leg., ch. Stay up-to-date with how the law affects your life. 7, eff. Public intoxication (Penal Code 49.02), Assault by contact (Penal Code 22.01(a)(3)), Theft of less than $100 (Penal Code 31.03), 282 (H.B. 1, eff. 155, Sec. of the contract, if the actor knows the person or employee is authorized by the state September 1, 2021. Acts 2009, 81st Leg., R.S., Ch. 949 (H.B. 662, Sec. 27.01, eff. L/D - Level and . Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. (1) "Family" has the meaning assigned by Section 71.003, Family Code. 738 (H.B. 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, 2021. (2) "Elderly individual" means a person 65 years of age or older. . A person convicted of a misdemeanor in Texas faces the following penalties: for a Class A misdemeanor, up to one year in jail and a $4,000 fine for a Class B misdemeanor, up to 180 days in jail and a $2,000 fine, and for a Class C misdemeanor, up to a $500 fine. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. 1.01, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1.01, eff. (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. 19, eff. 284(23) to (26), eff. September 1, 2015. 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.". How Texas Penal Code Ch 22.01 Defines Assault. 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. For Class A assaultive offenses, the charges must be brought within this time period; if they are brought after the statute of limitations has expired, the defense may file a pretrial motion to dismiss the charges as directed under Title 1, Article 27.08 of the Texas Code of Criminal Procedure. 22.01. 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. What is an Assault? 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 Read the code on findlaw explore resources for. if the person was wearing a distinctive uniform or badge indicating the person's employment (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. 623 (H.B. 2018), Sec. 900, Sec. Acts 2017, 85th Leg., R.S., Ch. 388, Sec. 593 (H.B. 34 (S.B. 1286, Sec. Amended by Acts 2003, 78th Leg., ch. 22.08. September 1, 2005. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1, eff. 549), Sec. 3, eff. 24), Sec. 1164), Sec. (c) An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense: (1) is committed against a member of the person's family or household or otherwise constitutes family violence; or. Acts 2009, 81st Leg., R.S., Ch. 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. 21.001(39), eff. 260 (H.B. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. Class C Misdemeanors Are Minor Crimes. 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. commitment facility; or, (ii)in retaliation for or on account of an exercise of official power or performance 446, Sec. (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 (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. September 1, 2017. Felony Penalties Sec. Assault - last updated April 14, 2021 These cases are quite complex and benefit from the expertise of a criminal defense attorney. 22.10. 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 Jan. 1, 1974. by Section 71.0021(b), 71.003, or 71.005, Family Code; or. Sept. 1, 1994; Acts 2003, 78th Leg., ch. September 1, 2019. 6, eff. 3, eff. Sexual Assault Offense Classification. (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. Sec. (last accessed Jun. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Sept. 1, 2001. Acts 2005, 79th Leg., Ch. (b-3)Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony 1, 2, eff. Penal Code Title 5 Texas Penal Code Sec. 38.111. improper contact with victim sec. 38, eff. committed against a person whose relationship to or association with the defendant 22.05. normal breathing or circulation of the blood of the person by applying pressure to (a) A person commits an offense if, with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide. It is also important to note that after being convicted of domestic violence, all subsequent convictions could be enhanced. 955 (S.B. September 1, 2017. Class: Penal Code: Enhancement: Enhanced Punishment Range: Class A: 12.43(a) Prior Class A or Felony: $4,000, 90 days-1 year: Class B: 12.43(b) Prior Class A, B or Felony: $2,000, 30 days- 180 days: Class C: 12.43(c) 3 Prior Convictions of DOC or Public Intoxication or a combination : $2,000 Max and/or 180 days (2) a state jail felony if the offense is committed under Subsection (a)(1) and the actor has not received express consent as described by Subsection (b)(12). September 1, 2007. 584 (S.B. 8.139, eff. 4170), Sec. Oct. 2, 1984. 22.021. 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 Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. DEADLY CONDUCT. (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. 7, 2021). Sept. 1, 1983. (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. The texas penal code defines an aggravated assault charge as an assault using or threatening to use a deadly weapon. 896, Sec. 620 (S.B. Offensive or Provocative Contact. 2, eff. (3)intentionally or knowingly causes physical contact with another when the person Acts 2021, 87th Leg., R.S., Ch. (3) "Household" has the meaning assigned by Section 71.005, Family Code. Domestic assault is a Class C misdemeanor if the victim suffered no physical pain or lasting harm. Acts 2019, 86th Leg., R.S., Ch. 12.22. class b misdemeanor sec. (i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode; (ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person; (iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person; (iv) uses or exhibits a deadly weapon in the course of the same criminal episode; (v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or. 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