12.23. class c misdemeanor . 2nd Degree Felony for Aggravated Assault. You'll have to pay up to $500 if you're charged with Class C assault in Texas. (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. is a peace officer or judge while the officer or judge is lawfully discharging an 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. 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. 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 1, eff. 1029, Sec. 194), Sec. 34 (S.B. September 1, 2011. Acts 1973, 63rd Leg., p. 883, ch. ASSAULTIVE OFFENSES PENAL CODE TITLE 5. 1, eff. sec. (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). 3019), Sec. 900, Sec. Amended by Acts 1993, 73rd Leg., ch. 2, eff. 977, Sec. 3, eff. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope 142, eff. 1031, Sec. OFFENSES AGAINST THE PERSON. Unless. 1.01, eff. 875 (H.B. 436 (S.B. 3, eff. Assault by contact is an assault where physical contact is involved. Felony Penalties 2, Sec. 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) (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. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. (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. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. (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 2021, 87th Leg., R.S., Ch. 2)"use or exhibits a deadly weapon during the commission of the assault". (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. 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 1, eff. 294, 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. (A) the actor was not more than three years older than the victim and at the time of the offense: (i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or, (ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and, (i) was a child of 14 years of age or older; and, (a) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; or. September 1, 2021. 1420, Sec. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. 1, eff. While jail time is not an option, you could still be left on file with a conviction for assault. Acts 2005, 79th Leg., Ch. (b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against: (1) a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; (2) 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: (A) 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, 21.11, or 25.11 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; or. 268 (S.B. 318, Sec. 594 (H.B. 29, eff. 16.002, eff. Read the code on findlaw explore resources for. 1, eff. capacity as a sports participant; or, (B)in retaliation for or on account of the participant's performance of a duty or 1.01, eff. Continuous Violence Against the Family is a Third-Degree Felony. Contact us. 3, eff. 900, Sec. Sept. 1, 2003. September 1, 2017. 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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. 165, Sec. 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 22.02. September 1, 2017. 1038 (H.B. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. (d) For purposes of an omission that causes a condition described by Subsection (a)(1), (2), or (3), the actor has assumed care, custody, or control if the actor has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that the actor has accepted responsibility for protection, food, shelter, or medical care for a child, elderly individual, or disabled individual. 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. 260 (H.B. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. 91), Sec. 7, 2021). indecent assault, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Chapter 7A, Code . 3, eff. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. According to Texas law, Texas Penal Code Ann. TERRORISTIC THREAT. (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. Penal Code 12.22] Confinement in jail for a te rm not to exceed 180 days Fine not to exceed $2,000 Added by Acts 2019, 86th Leg., R.S., Ch. Cite this article: FindLaw.com - Texas Penal Code - PENAL 22.01. Next . 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 Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 12, 13, eff. 1, eff. Sept. 1, 2003. Sec. 873 (S.B. L/D - Level and . 1808), Sec. (f) An offense under Subsection (c) is a state jail felony. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. 16.002, eff. September 1, 2005. 139, Sec. Acts 2019, 86th Leg., R.S., Ch. 1095), Sec. 687, Sec. (ii)in retaliation for or on account of the person's or employee's performance of 2, eff. 33, eff. 1052, Sec. 19, eff. Acts 2017, 85th Leg., R.S., Ch. Jan. 1, 1974. 21.01. September 1, 2005. Sec. 164, Sec. 1, eff. 543 (H.B. (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. Added by Acts 1983, 68th Leg., p. 2812, ch. (j) Written notification under Subsection (i)(2) or (i)(3) is not effective unless it contains the name and address of the actor, the name and address of the child, elderly individual, or disabled individual, the type of care provided by the actor, and the date the care was discontinued. OFFENSES AGAINST THE PERSON CHAPTER 22. 76, Sec. Sept. 1, 1994. 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. 6), Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. All rights reserved. includes an athlete, referee, umpire, linesman, coach, instructor, administrator, 38.113. unauthorized absence from community corrections facility, county . 1, eff. (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. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. 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 728 (H.B. knows or should reasonably believe that the other will regard the contact as offensive Sept. 1, 1989; Acts 1991, 72nd Leg., ch. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. 24), Sec. Section 22.01 Assault, An offense under this section is a Class C misdemeanor. We will always provide free access to the current law. 2, eff. September 1, 2009. 3, eff. A charge of assault can become a crime depending on the type of person being attacked or the type of attack. What is an Assault? assaulted was a public servant, a security officer, or emergency services personnel discharging an official duty, or in retaliation or on account of an exercise of official (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. 38.111. improper contact with victim sec. September 1, 2013. 29), Sec. Through social Added by Acts 2003, 78th Leg., ch. 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, 1979; Acts 1979, 66th Leg., p. 1521, ch. (1) "Child" has the meaning assigned by Section 22.011(c). Acts 1973, 63rd Leg., p. 883, ch. Texas Penal Code . 223, Sec. Acts 2009, 81st Leg., R.S., Ch. 739, Sec. | https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. 643), 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. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. Acts 1973, 63rd Leg., p. 883, ch. Sec. SEXUAL ASSAULT. 620, Sec. 21.002(14), eff. Current as of April 14, 2021 | Updated by FindLaw Staff. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. of the second degree if: (1)the offense is committed against a person whose relationship to or association 467 (H.B. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 399, Sec. Acts 2005, 79th Leg., Ch. Acts 2007, 80th Leg., R.S., Ch. (a) A person commits an offense if the person commits assault as defined in Sec. commitment facility; or, (ii)in retaliation for or on account of an exercise of official power or performance Sept. 1, 1997; Acts 1995, 74th Leg., ch. 495), Sec. April 14, 1987; Acts 1987, 70th Leg., ch. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. to force the individual to have an abortion. 24, Sec. 284 (S.B. In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. ASSAULT. Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. is a felony of the third degree if the offense is committed against: (1)a person the actor knows is a public servant while the public servant is lawfully 685 (H.B. September 1, 2007. TAMPERING WITH CONSUMER PRODUCT. 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; 2908), Sec. 7, eff. Amended by Acts 1985, 69th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. class a misdemeanor sec. 5, eff. Assault in the second degree: Class D or C felony. 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; Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; September 1, 2019. to provide the service; or. 155, Sec. 623 (H.B. Sec. 2240), Sec. (b) An offense under this section is a Class C misdemeanor. (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. 34 (S.B. These offenses are the lowest level of misconduct punishable as a crime in texas. to provide the service; or. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. committed against a person whose relationship to or association with the defendant Class C Misdemeanors Are Minor Crimes. (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. September 1, 2005. 388, Sec. (last accessed Jun. 12.22. class b misdemeanor sec. 2066), Sec. 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 . Feb. 1, 2004. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. Search by Keyword or Citation. 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 Stay up-to-date with how the law affects your life. 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. DEADLY CONDUCT. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. Penal Code Title 5 Texas Penal Code Sec. (4)Sports participant means a person who participates in any official capacity with respect to an interscholastic, 3, eff. under another section of this code, the actor may be prosecuted under either section (2) uses or exhibits a deadly weapon during the commission of the assault. 1, eff. 38, eff. Texas Disciplinary Rules of Professional Conduct, the attorney . 22.01, assault covers three different types of actions. 2, eff. (c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b). the person's throat or neck or by blocking the person's nose or mouth. 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. Amended by Acts 2003, 78th Leg., ch. 1087, Sec. Class C misdemeanor Punishment is up to $500 fine only; Prosecuted either in municipal court or the Justice of the Peace. (g)If conduct constituting an offense under this section also constitutes an offense 22.12. (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. who, in the course and scope of employment or as a volunteer, provide services for (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. 1.125(a), eff. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1999. 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. 685 (H.B. (C) the victim is an elderly individual or a disabled individual. 481, Sec. 436 (S.B. (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. 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 (2) not attended by an individual in the vehicle who is 14 years of age or older. (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 896, Sec. Sec. Added by Acts 1985, 69th 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. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). 549), Sec. 977, Sec. Amended by Acts 1979, 66th Leg., p. 1114, ch. a service within the scope of the contract. (a) A person commits an offense if : (1) the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without . Acts 2011, 82nd Leg., R.S., Ch. (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. Acts 2015, 84th Leg., R.S., Ch. 135, Sec. (d)For purposes of Subsection (b), the actor is presumed to have known the person 1, 2, eff. 3, eff. 1, eff. 2, eff. Acts 2007, 80th Leg., R.S., 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. Acts 2021, 87th Leg., R.S., Ch. 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. 1576), Sec. Texas Penal Code Section 22.01 - Assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Penal Code Sec. (e) An offense under Subsection (a) is a Class A misdemeanor. (B) who otherwise 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. 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