texas penal code. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 1, eff. 1, eff. 142, eff. 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. Location: 900, Sec. 2nd Degree Felony for Aggravated Assault. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or . (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. September 1, 2019. sec. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. September 1, 2017. 1, eff. 461 (H.B. 2, eff. September 1, 2005. Sept. 1, 1983. Sec. 1028, Sec. Sec. 773. 27, eff. Acts 2017, 85th Leg., R.S., Ch. (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. June 11, 2009. September 1, 2017. Sec. 446, Sec. Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. Jan. 1, 1974. 467 (H.B. (e) An offense under this section is a felony of the first degree. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 1.01, eff. Prev. if the person was wearing a distinctive uniform or badge indicating the person's employment Sept. 1, 1994. 14, Sec. 22.011. (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. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 53a-60a. ABANDONING OR ENDANGERING CHILD. Amended by Acts 1987, 70th Leg., ch. 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 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. Class a assault texas penal code. 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 399, Sec. 194), Sec. 623 (H.B. An assault is classified as a class a misdemeanor if bodily injury was caused. SEXUAL ASSAULT. (b) An offense under this section is a felony of the second degree . Sept. 1, 2003. 3, eff. 2)"use or exhibits a deadly weapon during the commission of the assault". 165, Sec. Class C misdemeanors are a type of crime in Texas. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. -1st Degree Felony-. DEFINITIONS. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. 768), Sec. If simple assault involves assaulting an athlete or . September 1, 2009. 22.11. 819, Sec. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. 361 (H.B. Added by Acts 1983, 68th Leg., p. 5312, ch. 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. In addition, 822, Sec. 2018), Sec. CHAPTER 21. 1, eff. 1, eff. 1029, Sec. (d) The defense provided by Section 22.011(d) applies to this section. For Class A assaultive offenses, the charges must be brought within this time period; if they are brought after the statute of limitations has expired, the defense may file a pretrial motion to dismiss the charges as directed under Title 1, Article 27.08 of the Texas Code of Criminal Procedure. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 1, eff. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (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. 436 (S.B. Acts 2007, 80th Leg., R.S., Ch. September 1, 2019. (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). http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 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. 2908), Sec. 1.01, eff. AGGRAVATED SEXUAL ASSAULT. Let's dive into the statute and see what's going on here. 4, eff. 788 (S.B. Penal Code Title 5 Texas Penal Code Sec. emergency services; (6)a pregnant individual to force the individual to have an abortion; or. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 1, eff. 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. 1, eff. SEXUAL OFFENSES. Acts 2005, 79th Leg., Ch. 858 (H.B. (a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual: (2) serious mental deficiency, impairment, or injury; or. (2)Repealed by Acts 2005, 79th Leg., ch. 1, eff. 688), Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. September 1, 2007. Amended by Acts 1977, 65th Leg., p. 2067, ch. Domestic assault is a Class C misdemeanor if the victim suffered no physical pain or lasting harm. September 1, 2021. 2, eff. is a peace officer or judge while the officer or judge is lawfully discharging an Sept. 1, 1994. 1, eff. (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. Unless. 788 (S.B. to force the individual to have an abortion. 1259), Sec. September 1, 2005. Acts 2017, 85th Leg., R.S., Ch. 184), Sec. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. 1, eff. 528, Sec. 12, 13, eff. 900, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. https://texas.public.law/statutes/tex._penal_code_section_22.01. 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 Acts 2017, 85th Leg., R.S., Ch. 436 (S.B. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. Texas penal code penal tx penal section 22.01. September 1, 2005. . (i) was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title; (ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and, (iii) did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or, (A) the actor was not more than three years older than the victim at the time of the offense; and. Texas Penal Code Section 22.01 - Assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Penal Code Sec. 1, eff. 1031, Sec. Acts 2009, 81st Leg., R.S., Ch. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. 1164), Sec. 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 . 22.01. (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 (3 . (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. 1, eff. Sept. 1, 2003. 1306), Sec. Sept. 1, 1999. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 2, eff. 427 (H.B. Acts 2005, 79th Leg., Ch. September 1, 2019. (c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section. Acts 2005, 79th Leg., Ch. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 135, Sec. You'll have to pay up to $500 if you're charged with Class C assault in Texas. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 139, Sec. 1, eff. September 1, 2021. 1, eff. 1102, Sec. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. 2066), Sec. 22.012. (3) "Household" has the meaning assigned by Section 71.005, Family Code. The definition of assault is broad. 202, Sec. 24, eff. (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. 366, Sec. 620 (S.B. 187 (S.B. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. (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. 65Th Leg., ch 1 ) `` Household '' has the meaning assigned by Section 156.001 Government. 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