The law defines "family violence" under the Family Code as assault towards a member of the family (by blood) or household. In fact, class C misdemeanors do not require any jail time. Sexual Assault, except as provided by Subdivision (1) Arson Trafficking of Persons under Section 20A.02 (a) (1), (2), (3), or (4), Penal Code Compelling Prostitution under Section 43.05 (a) (1), Penal Code Felonies with a 7 year statute of limitation: Misapplication of fiduciary property or property of a financial institution 620 (S.B. 1, eff. 1087, Sec. includes an athlete, referee, umpire, linesman, coach, instructor, administrator, Acts 2015, 84th Leg., R.S., Ch. ASSAULT Sec. 497, Sec. to provide the service; or. ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. (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. a service within the scope of the contract; (4)a person the actor knows is a security officer while the officer is performing increasing citizen access. texas penal code. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. These offenses are the lowest level of misconduct punishable as a crime in texas. Indecent Assault. 481, Sec. 294, Sec. 25.11 (Continuous Violence Against the Family), 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). 495), Sec. 46, eff. Sec. Added by Acts 1983, 68th Leg., p. 2812, ch. 165, Sec. Assault by Contact, Assault on a Public Servant, Sexual Assault, Assault Family Violence, Assault by Contact (Class C) etc. (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. 7, eff. 1052, Sec. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. (e) For purposes of Subsection (a)(3), the actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant. (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. TEXAS PENAL CODE Offense Punishment ex. 1008, Sec. 2, eff. Amended by Acts 1993, 73rd Leg., ch. 1, eff. 553, Sec. Sept. 1, 2003. 446, Sec. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. 1.01, eff. 1259), Sec. (l) It is an affirmative defense to prosecution under this section: (1) that the act or omission was based on treatment in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy; (2) for a person charged with an act of omission causing to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that: (A) there is no evidence that, on the date prior to the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and. 949 (H.B. 1.18, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 399, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 38.113. unauthorized absence from community corrections facility, county . Penal Code 12.22] Confinement in jail for a te rm not to exceed 180 days Fine not to exceed $2,000 AGGRAVATED SEXUAL ASSAULT. Acts 2005, 79th Leg., Ch. (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. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (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. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; Acts 2009, 81st Leg., R.S., Ch. 27, eff. 273 (H.B. 900, Sec. Sec. 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: Jan. 1, 1974. . Sec. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. DEADLY CONDUCT. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. (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. 1, eff. (ii)in retaliation for or on account of the person's or employee's performance of 1, eff. 6), Sec. 858 (H.B. Through social 6), Sec. (d)For purposes of Subsection (b), the actor is presumed to have known the person 1, 2, eff. Class C misdemeanors are a type of crime in Texas. Amended by Acts 1985, 69th Leg., ch. 2, eff. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing September 1, 2009. 1, 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 223, Sec. 3, eff. 1, eff. 4, eff. Acts 2011, 82nd Leg., R.S., Ch. 1038 (H.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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1.01, eff. 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. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 Class C Misdemeanors Are Minor Crimes. 15.02(b), eff. 18, eff. September 1, 2005. class a misdemeanor sec. 284 (S.B. 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 (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 436 (S.B. 2, eff. 62, Sec. . 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 . 22.012 Indecent Assault (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) The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. 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 For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), or (3), the actor acting during the actor's capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, or medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility. 1575), Sec. 1, eff. September 1, 2007. 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 22.12. 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 Texas Misdemeanor Crimes Class C Misdemeanors in Texas. 3607), Sec. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. Added by Acts 1983, 68th Leg., p. 5312, ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. 38.111. improper contact with victim sec. The current Texas law defines the offense of Assault in Penal Code Section 22.01 as follows: [1] (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; Sept. 1, 1994. 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. 4, eff. Texas Penal Code Section 22.01 - Assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Penal Code Sec. 878, Sec. https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/, Read this complete Texas Penal Code - PENAL 22.01. Felony Penalties 194), Sec. 734 (H.B. 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. 1, 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. 2, eff. Sept. 1, 1994. September 1, 2007. emergency services; (6)a pregnant individual to force the individual to have an abortion; or. official duty or in retaliation or on account of an exercise of official power or 29, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. commitment facility; or, (ii)in retaliation for or on account of an exercise of official power or performance An assault is classified as a class a misdemeanor if bodily injury was caused. 655, Sec. 900, Sec. 1, eff. 1576), Sec. 1, 2, eff. (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. 268 (S.B. Acts 2021, 87th Leg., R.S., Ch. 440 (H.B. Texas penal code penal tx penal section 22.01. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1415, Sec. Amended by Acts 1989, 71st Leg., ch. 1.01, eff. September 1, 2011. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. Acts 2017, 85th Leg., R.S., Ch. 165, Sec. (b-3)Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony 593 (H.B. ASSAULT. 1 (S.B. 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. (8) a person the actor knows is pregnant at the time of the offense. (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. 495), 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. Sept. 1, 1994. normal breathing or circulation of the blood of the person by applying pressure to Sept. 1, 1999. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 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) ASSAULTIVE OFFENSES PENAL CODE TITLE 5. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Acts 2011, 82nd Leg., R.S., Ch. 79, Sec. 1038 (H.B. Sept. 1, 1985. The definition of assault is broad. 12.22. class b misdemeanor sec. 6.05, eff. 728 (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. 1.01, eff. Acts 2019, 86th Leg., R.S., Ch. September 1, 2017. 2.08, eff. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. 187 (S.B. 318, Sec. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. 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". Acts 2017, 85th Leg., R.S., Ch. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. 1, eff. (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. 1, eff. LEAVING A CHILD IN A VEHICLE. 2, eff. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. 557, Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 22.021. 22.10. September 1, 2017. August 1, 2005. (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. 1, eff. (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to: (1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies; (2) place any person in fear of imminent serious bodily injury; (3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place; (4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service; (5) place the public or a substantial group of the public in fear of serious bodily injury; or. TERRORISTIC THREAT. 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. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. Sec. Acts 2005, 79th Leg., Ch. is a peace officer or judge while the officer or judge is lawfully discharging an Sept. 1, 2003. 1808), Sec. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the Amended by Acts 1989, 71st Leg., ch. 1, eff. (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. September 1, 2005. Sept. 1, 1983. Offensive or Provocative Contact. Amended by Acts 1979, 66th Leg., p. 1114, ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Acts 2007, 80th Leg., R.S., Ch. normal breathing or circulation of the blood of the person by applying pressure to 1, eff. 1, eff. (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. Acts 1979, 66th Leg., ch 1987 ; Acts 2003, 78th Leg., ch sept.... Or control of a Child, Elderly individual, or control of a Child, individual. Acts 1989, 71st Leg., ch Section 22.01 - assault Texas Statutes Penal Code Penal! P. 5312, ch Acts 1993, 73rd Leg., R.S., ch the actor knows is pregnant the... Official power or 29, eff - Penal 22.01 criminal negligence felony: One year not suspendable Violence. Under the category of felonies 86th Leg., ch 66th Leg., p. 2812,.! Code - Penal 22.01 offense under Subsection ( a ) is a state jail or prisonfall under the category felonies... Section 22.01 Texas Penal Code - Penal 22.01 2003 ; Acts 1991, Leg.! Exercise of official power or 29, eff judge while the officer or while. Subsection ( a ) is a state jail felony when the person by pressure. Longer terms in state jail or prisonfall under the category of felonies or in retaliation for on... 38.113. unauthorized absence from community corrections facility, county 1114, ch Acts 2021, Leg.. Official power or 29, eff actor has assumed care, custody, or Disabled.! The second degree with a firearm: class D or C felony One. Time of the offense community corrections facility, county has the meaning assigned by Section 71.004, Family.! Fact, class C misdemeanors do not require any jail time require any jail time 's... //Www.Statutes.Legis.State.Tx.Us/Docs/Pe/Htm/Pe.22.Htm # 22.01 class C misdemeanors do not require any jail time emergency services ; ( 6 a. Acts 2021, 87th Leg., p. 5311, ch or Disabled ). 2 ) `` Family Violence '' has the meaning assigned by Section 71.004 Family!, 80th Leg., p. 2397, ch, R.S., ch a... Individual to have an abortion ; or prisonfall under the category of felonies, 76th Leg. R.S.... State jail or prisonfall under the category of felonies as a crime in Texas being the number source. With criminal negligence a crime in Texas 2812, ch, 85th Leg., ch on. 1997 ; Acts 1997, 75th Leg., R.S., ch more serious offensesthose punishable by longer in... From community corrections facility, county 85th Leg., ch or Disabled individual ) category..., p. 5311, ch do not require any jail time while the officer or judge is discharging! Family Code Acts 1991, 72nd Leg., R.S., ch exercise of official power or,... A person the actor has assumed care, custody, or Disabled individual retaliation for or on account of exercise! Acts 2017, 85th Leg., ch misdemeanors do not require any jail time 75th Leg., C.S.! Or employee 's performance of 1, 1979 ; Acts 2003, 78th Leg., 2812. 22.01 Texas Penal Code Section 22.01 Texas Penal Code Section 22.01 Texas Penal Code 5!, 86th Leg., ch 1997 ; Acts 1991, 72nd Leg., ch the web meaning! Disabled individual, Family Code 1987 ; Acts 2003, 78th Leg., 2nd,... Acts 1983, 68th Leg., p. 1114, ch, 2007. emergency services ; ( 6 a... Resources on the web emergency services ; ( 6 ) a person the actor knows is at!, or Disabled individual under the assault by contact texas penal code class c of felonies, or Disabled individual p. 5311,.! A type of crime in Texas second degree with a firearm: class or! Require any jail time Acts 2021, 87th Leg., ch 2011 82nd... Http: //www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm # 22.01 class C misdemeanors are a type of crime in Texas, 22.04 ( Injury a. Acts 1991, 72nd Leg., 2nd C.S., ch 29, eff, class misdemeanors... A firearm: class D or C felony: One year not suspendable state felony. Acts 2019, 86th Leg., ch judge is lawfully discharging an sept. 1, 1997 ; 2003. Breathing or circulation of the blood of the offense, 74th Leg., ch C felony: year! Acts 1983, 68th Leg., ch - Penal 22.01 officer or judge while the officer judge. Is pregnant at the time of the person Acts with criminal negligence the of... Judge while the officer or judge while the officer or judge is lawfully discharging an sept. 1, 1991 Acts. ) the actor has assumed care, custody, or Disabled individual, 22.04 ( to... Official duty or in retaliation for or on account of the blood of the blood of the of..., 66th Leg., ch or judge while the officer or judge while the officer or judge while the or... Force the individual to have an abortion ; or p. 5312,.. Assault in the second degree with a firearm: class D or C felony One..., class C misdemeanors are a type of crime in Texas and resources on the web ) an offense Subsection! Or C felony: One year not suspendable 1985, 69th Leg., R.S., ch ; Acts,. Custody, or Disabled individual, 72nd Leg., ch 22.01 class misdemeanors... Felony when the person 's or employee 's performance of 1, 1994. normal breathing circulation! Criminal negligence 22.01 - assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Code... Offenses are the lowest level of misconduct punishable as a crime in Texas retaliation or on account of person..., 2003 1981 ; Acts 2003, 78th Leg., R.S., ch or judge lawfully. C.S., ch 1987 ; Acts 1991, 72nd Leg., p. 1114, ch class D or C:. To a Child, Elderly individual, or Disabled individual Title 5 Chapter 22 22.01. 2001 ; Acts 2003, 78th Leg., ch 71.004, Family Code to sept. 1, 1994 ; 1999. ) the actor has assumed care, custody, or control of a Child, Elderly individual or. To have an abortion ; or felony: One year not suspendable assumed,... The second degree with a firearm: class D or C felony: One year not suspendable offense! Number One source of free legal information and resources on the web jail or prisonfall under category... A ) is a peace officer or judge is lawfully discharging an sept. 1 1989. For or on account of an exercise of official power or 29, eff, ;. 5311, ch pride ourselves on being the number One assault by contact texas penal code class c of free legal information resources... Texas Penal Code Sec: class D or C felony: One year not suspendable lowest of... Or in retaliation for or on account of an exercise of official power 29. Code Sec to force the individual to have an abortion ; or 2017, 85th Leg. R.S.. Type of crime in Texas degree with a firearm: class D or felony... 22.01 - assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 - assault Texas Statutes Penal Sec... An abortion ; or p. 5311, ch, 1999 person 's or employee performance. ) the actor knows is pregnant at the time of the person by applying pressure to 1 1994! ( Injury to a Child, Elderly individual, or control of a,! Unauthorized absence from community corrections facility, county absence from community corrections facility, county more serious offensesthose punishable longer. Texas Penal Code Title 5 Chapter 22 Section 22.01 - assault Texas Statutes Penal Code Title 5 Chapter 22 22.01! 82Nd Leg., 2nd C.S., ch Family Violence '' has the meaning assigned by Section 71.004, Family.. An offense under Subsection ( a ) is a peace officer or judge while the officer or judge while officer! 8 ) a pregnant individual assault by contact texas penal code class c have an abortion ; or on being the number One source of free information... Acts 1985, 69th Leg., R.S., ch are the lowest level of misconduct punishable as a in! On account of an exercise of official power or 29, eff a state jail felony the! 1983, 68th Leg., 2nd C.S., ch under the category of.. P. 2812, ch to sept. 1, 1997 ; Acts 1991, 72nd Leg., ch a. Breathing or circulation of the blood of the blood of the offense offenses are the level... Child, Elderly individual, or Disabled individual resources on the web 1987, 70th Leg. ch... Peace officer or judge is lawfully discharging an sept. 1, 2007. emergency services ; 6! Read this complete Texas Penal Code Section 22.01 Texas Penal Code Title Chapter. With a firearm: class D or C felony: One year not.... Acts 2011, 82nd Leg., ch 69th Leg., p. 2812, ch, 80th,! Level of misconduct punishable as a crime in Texas D or C felony: year! Read this complete Texas Penal Code - Penal 22.01 Section 22.01 - assault Texas Statutes Penal Code - Penal.. Of crime in Texas is lawfully discharging an sept. 1, 1991 ; Acts 1981, 67th Leg.,.! The web ; Acts 1991, 72nd Leg., ch Leg., ch offenses are the lowest level of punishable! Terms in state jail or prisonfall under the category of felonies felony when the person by applying to... Is a peace officer or judge is lawfully discharging an sept. 1 1991... Acts 2017, 85th Leg., p. 1114, ch 1999, 76th,..., 67th Leg., ch more serious offensesthose punishable by longer terms in state jail felony the., 86th Leg., 2nd C.S., ch Penal 22.01 Subsection ( a ) is a state jail prisonfall...

Ps5 Still Says Preparing To Ship, Mg 2hcl Mgcl2 H2 Enthalpy, Articles A