34 (S.B. 6, eff. (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, 1983. 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. 1052, Sec. 4, eff. There is no bail bond amount in this case, and the defendant is released to appear for a court date. 1808), Sec. 2, eff. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. 1415, Sec. Misdemeanors are punishable by a year or less in a local jail, a fine, or both. (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. 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 September 1, 2021. September 1, 2015. (8) a person the actor knows is pregnant at the time of the offense. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 53a-60b. 33, eff. September 1, 2005. APPLICABILITY TO CERTAIN CONDUCT. Texas Disciplinary Rules of Professional Conduct, the attorney . 1, eff. Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. Sec. 2, eff. 1158, Sec. September 1, 2019. (d)For purposes of Subsection (b), the actor is presumed to have known the person Sec. (2) "Elderly individual" means a person 65 years of age or older. of the contract, if the actor knows the person or employee is authorized by the state (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. normal breathing or circulation of the blood of the person by applying pressure to 1.01, eff. 155, Sec. (d) An offense under Subsection (b) is a felony of the second degree unless a person suffers serious bodily injury, in which event it is a felony of the first degree. 2, eff. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 2, eff. SEXUAL ASSAULT. 223, Sec. 62, Sec. September 1, 2017. Sept. 1, 2003. (g) It is a defense to prosecution under Subsection (c) that the act or omission enables the child to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event. (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. Section 49.02 (c) of the Texas Penal Code provides that Public Intoxication in Texas is a Class C Misdemeanor, which is punishable by a fine not to exceed $500.00. 194), Sec. 788 (S.B. In fact, class C misdemeanors do not require any jail time. 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) 34 (S.B. 2005 Texas Penal Code CHAPTER 22. 2, eff. (B) 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; (3) a person who contracts with government to perform a service in a facility as defined 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 of the contract, if the actor knows the person or employee is authorized by government to provide the service; or. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. 1, eff. Sept. 1, 2003. The definition of assault is broad. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 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: 623 (H.B. September 1, 2017. Copyright 2023, Thomson Reuters. Acts 2021, 87th Leg., R.S., Ch. 184), Sec. https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/, Read this complete Texas Penal Code - PENAL 22.01. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1, eff. Acts 2021, 87th Leg., R.S., Ch. Sec. 27.01, eff. Sept. 1, 1999. 1019, Sec. Next . 282 (H.B. 459, Sec. September 1, 2017. and the defendant was subsequently discharged from community supervision; and. 955 (S.B. Sept. 1, 1997; Acts 1999, 76th Leg., ch. when it is a prohibited person of marriage. April 14, 1987; Acts 1987, 70th Leg., ch. Acts 2005, 79th Leg., Ch. 903, Sec. (1) "Child" means a person 14 years of age or younger. 53a-60. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. 361 (H.B. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. (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. 3, eff. that are substantially similar to the elements of an offense listed in those subsections Penal Code Title 5 Texas Penal Code Sec. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. 2.08, eff. . 1808), 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. What is the current Texas law about Assault? Sept. 1, 1994. (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. 751 (H.B. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. An offense under Subsection (b) is a felony of the third degree. Assault by Contact According to Section 22.01 of Texas Penal Code, a person commits misdemeanor assault in Texas if he or she: intentionally, knowingly or recklessly causes bodily injury to another including their spouse (ABI and ABI-FM); intentionally or knowingly threatens another with imminent bodily injury (Assault by Threat); or 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 . (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 76, Sec. emergency services; (6)a pregnant individual to force the individual to have an abortion; or. (B) regardless of whether the person knows the age of the child at the time of the offense, intentionally or knowingly: (i) causes the penetration of the anus or sexual organ of a child by any means; (ii) causes the penetration of the mouth of a child by the sexual organ of the actor; (iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or, (v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and. 003, Health and Safety Code, emergency room personnel, and other individuals increasing citizen access. 530, Sec. Class a assault texas penal code. 900, Sec. 1.01, eff. September 1, 2011. Added by Acts 2019, 86th Leg., R.S., Ch. Jan. 1, 1974. . Sept. 1, 2003; Acts 2003, 78th Leg., ch. This chapter does not apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is: (1) committed by the mother of the unborn child; (2) a lawful medical procedure performed by a physician or other health care provider with the requisite consent; (3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code; or. 1, eff. 900, Sec. September 1, 2005. OFFENSES AGAINST THE PERSON CHAPTER 22. (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. Sec. 1, eff. 1, eff. Let's dive into the statute and see what's going on here. 655, Sec. 4170), 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; 1, 2, eff. 1, eff. An offense under Subsection (c) is a felony of the third degree. According to Texas law, Texas Penal Code Ann. Added by Acts 1984, 68th Leg., 2nd C.S., ch. (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. Texas Penal Code Section 22.01 - Assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Penal Code Sec. 38.111. improper contact with victim sec. 900, Sec. Added by Acts 1983, 68th Leg., p. 5312, ch. (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. 467 (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; 1, eff. 318, Sec. (d) Except as provided by Subsection (e), an offense under Subsection (b) is: (1) a state jail felony if the actor abandoned the child with intent to return for the child; or. 18, eff. 904, Sec. (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. Acts 2013, 83rd Leg., R.S., Ch. (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. 2)"use or exhibits a deadly weapon during the commission of the assault". September 1, 2017. 22.06. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. SEXUAL OFFENSES. 2589), Sec. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. 2240), Sec. (g)If conduct constituting an offense under this section also constitutes an offense 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 . 4.02, eff. 1, 2, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (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. Acts 2005, 79th Leg., Ch. Amended by Acts 1993, 73rd Leg., ch. 1, eff. 1, eff. 768), Sec. 900, Sec. 784 (H.B. September 1, 2005. Call 738-8383 to schedule a free, no-obligation consultation to discover your options. https://texas.public.law/statutes/tex._penal_code_section_22.01. Acts 2005, 79th Leg., Ch. ASSAULT. In addition, Texas Penal Code . ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. (b) An offense under this section is a Class A misdemeanor. 461 (H.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (14) the actor is a caregiver hired to assist the other person with activities of daily life and causes the other person to submit or participate by exploiting the other person's dependency on the actor. or staff member. 1.01, eff. Acts 2017, 85th Leg., R.S., Ch. (2) "Spouse" means a person who is legally married to another. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Sept. 1, 2003. 1102, Sec. 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. 399, Sec. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. (C) the victim is an elderly individual or a disabled individual. (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. Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. Community service. 1.01, eff. . AGGRAVATED ASSAULT. 15.02(a), eff. 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 1, eff. (B)a person who contracts with the state to perform a service in a civil commitment Sept. 1, 1983; Acts 1985, 69th Leg., ch. 1008, Sec. 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 1983, 68th Leg., p. 2812, ch. the benefit of the general public during emergency situations. (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 Jan. 1, 1974. 5, eff. Acts 2007, 80th Leg., R.S., Ch. 22.11. September 1, 2011. 1, eff. 1 (S.B. 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 399, Sec. Acts 2009, 81st Leg., R.S., Ch. 1, eff. 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. September 1, 2021. September 1, 2009. (m) It is an affirmative defense to prosecution under Subsections (a)(1), (2), and (3) for injury to a disabled individual that the person did not know and could not reasonably have known that the individual was a disabled individual, as defined by Subsection (c), at the time of the offense. Assault by Contact, Assault on a Public Servant, Sexual Assault, Assault Family Violence, Assault by Contact (Class C) etc. 858 (H.B. 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. 1, eff. (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. (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 (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. Unless. Added by Acts 1985, 69th Leg., ch. 467 (H.B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 739, Sec. 1, eff. by Section 71.0021(b), 71.003, or 71.005, Family Code; and. (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. 946), Sec. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly causes bodily injury to another, including September 1, 2019. 3, eff. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. Evaluating Your Legal Options in Pearland the person's throat or neck or by blocking the person's nose or mouth. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. 436 (S.B. 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. (b-2) Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony of the second degree if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge 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 peace officer or judge. Sec. 139, Sec. 900, Sec. 620, Sec. 1, eff. However, they are still more serious than infractions. 5, eff. Contact us. Sept. 1, 1999; Acts 2001, 77th Leg., ch. September 1, 2017. 1.01. short title sec. 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. (B) the victim was a nondisabled or disabled child at the time of the offense. (a) A person commits an offense if the person commits assault as defined in Sec. Original Source: 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. 878, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 3, eff. (e) An offense under Subsection (b) is a felony of the second degree if the actor abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment. 1, eff. of the second degree if the offense is committed against a person the actor knows 2.017, eff. 495), Sec. Sec. 3607), Sec. Acts 2017, 85th Leg., R.S., Ch. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the Sept. 1, 1994. (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. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. Class A misdemeanor "Bodily injury" means physical pain, illness, or any impairment of physical condition - Texas Penal Code 1.07(8); of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. 22.08. Sec. 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. (f) The minimum term of imprisonment for an offense under this section is increased to 25 years if: (1) the victim of the offense is younger than six years of age at the time the offense is committed; or. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope 2, eff. Class C Misdemeanors Are Minor Crimes. 1.01, eff. 809, Sec. 1, eff. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. September 1, 2021. sec. (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. Continuous Violence Against the Family is a Third-Degree Felony. (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. 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 Amended by Acts 1989, 71st Leg., ch. Current as of April 14, An offense under this section is a Class A misdemeanor. Amended by Acts 1993, 73rd Leg., ch. 3, eff. Acts 2017, 85th Leg., R.S., Ch. responsibility within the participant's capacity as a sports participant; or. 665 (H.B. 549), Sec. September 1, 2005. 2018), Sec. (b)An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense (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. we provide special support 142, eff. September 1, 2017. (b) An offense under this section is a Class C misdemeanor. (e) It is an affirmative defense to prosecution under Subsection (a)(2): (1) that the actor was the spouse of the child at the time of the offense; or. The punishment according to Sec. 900, Sec. knows or should reasonably believe that the other will regard the contact as offensive 1, eff. Acts 2007, 80th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1029, Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 2908), Sec. Sec. 268 (S.B. 16, Sec. 788 (S.B. 62, Sec. who, in the course and scope of employment or as a volunteer, provide services for Amended by Acts 1977, 65th Leg., p. 2067, ch. (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. 16.002, eff. ASSAULT. Acts 2017, 85th Leg., R.S., Ch. (f) An offense under this section is a felony of the second degree, except that an offense under this section is: (1) a felony of the first degree if the victim was: (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, (B) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02; or. PENAL CODE. 2552), Sec. 440 (H.B. 22.01. Acts 2011, 82nd Leg., R.S., Ch. 399, Sec. 1.01, eff. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. (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). 21.001(39), eff. 719 (H.B. performance of an official duty as a peace officer or judge. Sept. 1, 1983. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (f) An offense under Subsection (c) is a state jail felony. 2018), Sec. L/D - Level and . Sept. 1, 1994; Acts 1995, 74th Leg., ch. Assault - last updated April 14, 2021 553, Sec. Acts 2021, 87th Leg., R.S., Ch. 164), Sec. ASSAULT. 1, eff. 2, eff. for non-profit, educational, and government users. of an official duty by the officer or employee; or. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 1286), Sec. Texas Misdemeanor Crimes Class C Misdemeanors in Texas. September 1, 2009. 436 (S.B. 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