334, Sec. (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. 2, eff. Acts 2005, 79th Leg., Ch. 142, eff. TERRORISTIC THREAT. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 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 Sec. (C) in discharging the firearm, causes serious bodily injury to any person. Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . 361 (H.B. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. A person convicted of a Class C misdemeanor in Texas can expect the following penalties: Fines up to $500. 1, eff. Current as of April 14, 2021 | Updated by FindLaw Staff. (b) An offense under this section is a felony of the third degree. 495), Sec. Public intoxication (Penal Code 49.02), Assault by contact (Penal Code 22.01(a)(3)), Theft of less than $100 (Penal Code 31.03), 1, 2, eff. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. 1, eff. Class C misdemeanor Punishment is up to $500 fine only; Prosecuted either in municipal court or the Justice of the Peace. . 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) How Texas Penal Code Ch 22.01 Defines Assault. In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. 1576), Sec. September 1, 2017. 903, Sec. Sept. 1, 1994. (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. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. (d) The defense provided by Section 22.011(d) applies to this section. Acts 2021, 87th Leg., R.S., Ch. 481, Sec. 1, eff. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. (f) An offense under Subsection (a)(3) or (a-1)(3) is a felony of the third degree when the conduct is committed intentionally or knowingly, except that an offense under Subsection (a)(3) is a felony of the second degree when the conduct is committed intentionally or knowingly and the victim is a disabled individual residing in a center, as defined by Section 555.001, Health and Safety Code, or in a facility licensed under Chapter 252, Health and Safety Code, and the actor is an employee of the center or facility whose employment involved providing direct care for the victim. 1, eff. 6, eff. 1, eff. 1, eff. April 14, 1987; Acts 1987, 70th Leg., ch. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. Class C offenses are punishable by a $500 fine, but a conviction can cause other problems. 399, Sec. Sec. entrepreneurship, were lowering the cost of legal services and 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. Acts 2009, 81st Leg., R.S., Ch. September 1, 2015. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Texas Disciplinary Rules of Professional Conduct, the attorney . (e) An offense under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the first degree when the conduct is committed intentionally or knowingly. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. Acts 2005, 79th Leg., Ch. 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 . to provide the service; or. is a conviction of the offense listed. 2, eff. 5, eff. (b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01. Unless. 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 September 1, 2005. Section 22.01 Assault, (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. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. If the assault also involved certain circumstances such as domestic violence, it can be considered a first degree felony with punishments that include up to life in prison. Next . LEAVING A CHILD IN A VEHICLE. TITLE 5. . Sept. 1, 1994; Acts 1995, 74th Leg., ch. 357, Sec. (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. (C) the victim is an elderly individual or a disabled individual. Sept. 1, 1999; Acts 2001, 77th Leg., ch. includes an athlete, referee, umpire, linesman, coach, instructor, administrator, by Section 71.0021(b), 71.003, or 71.005, Family Code; or. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. 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 These cases are quite complex and benefit from the expertise of a criminal defense attorney. An assault is classified as a class a misdemeanor if bodily injury was caused. Class A misdemeanor "Bodily injury" means physical pain, illness, or any impairment of physical condition - Texas Penal Code 1.07(8); Jan. 1, 1974. Sept. 1, 1995; Acts 1999, 76th Leg., ch. OFFENSES AGAINST THE PERSON CHAPTER 22. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. Felony Penalties consequences of a conviction for assault under Texas Penal Code 22.01. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. (B)the offense is committed by intentionally, knowingly, or recklessly impeding the 459, Sec. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 318, Sec. September 1, 2017. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly causes bodily injury to another, including Cookie Settings. Acts 2017, 85th Leg., R.S., Ch. 4170), Sec. (f) An offense under Subsection (c) is a state jail felony. ABANDONING OR ENDANGERING CHILD. The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. (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. 76, Sec. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. 3, eff. Acts 2009, 81st Leg., R.S., Ch. You'll have to pay up to $500 if you're charged with Class C assault in Texas. (vi) with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim's ability to appraise the nature of the act or to resist the act; (B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or. 1038 (H.B. Jan. 1, 1974. (b-3)Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony 3, eff. 751 (H.B. Acts 2019, 86th Leg., R.S., Ch. 18, eff. 858 (H.B. 875 (H.B. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, 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. 1, eff. (c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment. ASSAULTIVE OFFENSES 22.01. Sec. 4170), Sec. 62, Sec. official duty or in retaliation or on account of an exercise of official power or Assault Causing Bodily Injury. 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. normal breathing or circulation of the blood of the person by applying pressure to September 1, 2017. https://texas.public.law/statutes/tex._penal_code_section_22.01. 22.01. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (d)For purposes of Subsection (b), the actor is presumed to have known the person The punishment according to Sec. emergency services; (6)a pregnant individual to force the individual to have an abortion; or. 3, eff. Sec. September 1, 2015. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Domestic assault is a Class C misdemeanor if the victim suffered no physical pain or lasting harm. Sept. 1, 2003. 22.01, assault covers three different types of actions. -1st Degree Felony-. 24, eff. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 2003. 1306), Sec. Sec. 3, eff. 1, eff. 8), Sec. (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. 38, eff. According to Texas Penal Code 22.01, you could be arrested for the crime of simple assault if you intentionally, knowingly or recklessly cause bodily injury to another person, threaten another person with imminent bodily harm or cause physical contact with another person that you know is provocative or offensive. 164), Sec. What is the current Texas law about Assault? (2) is committed against a public servant. September 1, 2017. 3, eff. 1, eff. (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 sec. 91), Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Search by Keyword or Citation. Added by Acts 1983, 68th Leg., p. 5312, ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 2, Sec. (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. 1576), Sec. (k) It is a defense to prosecution under this section that the act or omission consisted of: (1) reasonable medical care occurring under the direction of or by a licensed physician; or. Once the offensive contact causes pain it becomes a class A misdemeanor with up to a year in county jail and a $4,000 fine. 1286), Sec. 399, Sec. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. If simple assault involves assaulting an athlete or . TEXAS PENAL CODE Offense Punishment ex. 1, eff. ASSAULT. (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. 268 (S.B. A charge of assault can become a crime depending on the type of person being attacked or the type of attack. September 1, 2017. 1, eff. 1354), Sec. 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 (1) "Child" means a person younger than 17 years of age. Acts 1973, 63rd Leg., p. 883, ch. 18, Sec. 28, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1.01, eff. 461 (H.B. 2, eff. of the contract, if the actor knows the person or employee is authorized by government 528, Sec. ASSAULT. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2009. 728 (H.B. September 1, 2005. 734 (H.B. or staff member. 1, eff. Domestic assault is a Class A misdemeanor if the contact caused pain (such as a slap), left physical marks (such as cuts or bruises) or resulted in lasting . 1, eff. Community service. 2552), Sec. September 1, 2021. 284(32), eff. 1, eff. (c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded. 2.04, eff. An offense under Subsection (b) is a felony of the third degree. Acts 2015, 84th Leg., R.S., Ch. 467 (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; Acts 2003, 78th Leg., ch. Sec. September 1, 2005. September 1, 2007. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Sept. 1, 1997; Acts 1995, 74th Leg., ch. 2908), Sec. Sept. 1, 1985; Acts 1987, 70th Leg., ch. September 1, 2005. when it is a prohibited person of marriage. 2005 Texas Penal Code CHAPTER 22. (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. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. 620, Sec. 155, Sec. Sec. 1.01, eff. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or . (c) Section 25.07(a), Penal Code, is amended to read as follows: (a) A person commits an offense if, in violation of a . 62, Sec. (b) An offense under this section is a Class C misdemeanor. of the second degree if: (1)the offense is committed against a person whose relationship to or association September 1, 2021. Sept. 1, 1999. September 1, 2007. 33, eff. 2, eff. 3, eff. 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. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. Jan. 1, 1974. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Sec. September 1, 2013. September 1, 2011. 22.012. intercollegiate, or other organized amateur or professional athletic competition and 22.01. Join thousands of people who receive monthly site updates. 739, Sec. 1, eff. 91), Sec. 620 (S.B. 900, Sec. Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; Acts 2021, 87th Leg., R.S., Ch. 900, Sec. 260 (H.B. 728 (H.B. 11, eff. Acts 2005, 79th Leg., Ch. 1 to 3, eff. 738 (H.B. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. 768), Sec. (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. When the conduct is engaged in recklessly, the offense is a felony of the second degree. 904, Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 24, Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 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. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 2.017, eff. to force the individual to have an abortion. Class C misdemeanors are the least serious crimes under Texas Penal code. Using or threatening to use a deadly weapon 72nd Leg., ch between strangers 2015, 84th Leg.,.... Pain or lasting harm different types of actions `` Process server '' has the meaning assigned by 22.011. The actor knows the person or employee is authorized by Government 528 Sec... Conducted by recognized methods a scientific experiment conducted by recognized methods be tough to navigate degree if the offense a. An abortion or lasting harm medical care administered in good faith and reasonable..., 1979 ; Acts 1979, 66th Leg., ch 5312, ch Acts 2021 87th! 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assault by contact texas penal code class c