1, eff. (2) "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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (2) "Elderly individual" means a person 65 years of age or older. 62, Sec. 685 (H.B. 1, 2, eff. September 1, 2009. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. 62, Sec. Texas Misdemeanor Crimes Class C Misdemeanors in Texas. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. 12, eff. (B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; (4) a person the actor knows is a security officer while the officer is performing a duty as a security officer; (5) a person the actor knows is emergency services personnel while the person is providing emergency services; (6) a person the actor knows is a process server while the person is performing a duty as a process server; (7) a pregnant individual to force the individual to have an abortion; or. 2, eff. consequences of a conviction for assault under Texas Penal Code 22.01. (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 14.829, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope 202, Sec. 530, Sec. 318, Sec. Search by Keyword or Citation. (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. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. (b-1) Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony of the third degree if the offense is committed: (1) while the actor is committed to a civil commitment facility; and. They are the least severe type of misdemeanor. the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including 2, eff. There is no bail bond amount in this case, and the defendant is released to appear for a court date. 1, eff. 8), Sec. (2) uses or exhibits a deadly weapon during the commission of the assault. 1306), Sec. official duty or in retaliation or on account of an exercise of official power or 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 . . 440 (H.B. 1028, Sec. Acts 2017, 85th Leg., R.S., Ch. when it is a prohibited person of marriage. 1, eff. 688), Sec. September 1, 2007. An assault is legally defined as an offensive contact. According to Texas law, Texas Penal Code Ann. Texas Penal Code - Penal 22.012 - Findlaw (c) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. 1, eff. 318, Sec. 620 (S.B. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. Acts 2017, 85th Leg., R.S., Ch. Penal Code Title 5 Texas Penal Code Sec. 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. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. Read the code on findlaw explore resources for. September 1, 2017. When the conduct is engaged in recklessly, the offense is a state jail felony. Acts 2017, 85th Leg., R.S., Ch. 165, 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. that are substantially similar to the elements of an offense listed in those subsections 1, eff. power or performance of an official duty as a public servant; (2)a person whose relationship to or association with the defendant is described Acts 1973, 63rd Leg., p. 883, ch. 1158, Sec. 1, eff. 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; (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or . Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. September 1, 2007. 34, eff. 1, 2, eff. (1) "Child" has the meaning assigned by Section 22.011(c). of the second degree if the offense is committed against a person the actor knows 495), Sec. (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 . 902), Sec. 1808), Sec. Amended by Acts 1993, 73rd Leg., ch. (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 . 24, Sec. 1101, Sec. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. (1) "Child" means a person younger than 17 years of age. 2.017, eff. AGGRAVATED ASSAULT. Acts 2015, 84th Leg., R.S., Ch. While jail time is not an option, you could still be left on file with a conviction for assault. 1420, Sec. (2) not attended by an individual in the vehicle who is 14 years of age or older. 1, eff. 1354), Sec. Offensive or Provocative Contact. September 1, 2019. 2552), Sec. (4)Sports participant means a person who participates in any official capacity with respect to an interscholastic, 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: (3) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty. 33, eff. normal breathing or circulation of the blood of the person by applying pressure to 29), Sec. (b-2)Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony September 1, 2005. 1, eff. PENAL CODE. September 1, 2015. 1286), 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. 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. 1, eff. (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. (B) the victim was a nondisabled or disabled child at the time of the offense. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. (a) A person commits an offense if, with the intent to assault, harass, or alarm, the person: (1) while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal; (2) while committed to a civil commitment facility, causes: (A) an officer or employee of the Texas Civil Commitment Office to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (B) a person who contracts with the state to perform a service in the facility or an employee of that person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; or. 977, Sec. (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. 2, eff. AGGRAVATED SEXUAL ASSAULT. | https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/. Contact us. 284(23) to (26), 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. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. Assault by Threat is a Class C offense in Texas and is subject to fines of up to $500. 623 (H.B. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). ASSAULT. 22.11. September 1, 2017. 1, eff. 788 (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 (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. . (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. 164), Sec. Location: 620, Sec. 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. In addition, 643), Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1, eff. 5, eff. 900, Sec. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 1984, 68th Leg., 2nd C.S., ch. Sec. (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. we provide special support 1, eff. Continuous Violence Against the Family is a Third-Degree Felony. (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). (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. https://texas.public.law/statutes/tex._penal_code_section_22.01. 7, eff. Through social Assault by contact is an assault where physical contact is involved. SEXUAL ASSAULT. 53a-60b. 528, Sec. 1306), Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Sec. 2066), Sec. Sept. 1, 1983. 900, Sec. 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. Sec. 11, eff. 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