September 1, 2015. Sept. 1, 1994. Added by Acts 2003, 78th Leg., ch. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. 1 (S.B. Current as of April 14, An offense under this section is a Class A misdemeanor. (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. (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. 284(23) to (26), eff. Acts 2015, 84th Leg., R.S., Ch. (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. Search by Keyword or Citation. 467 (H.B. Sept. 1, 2003. 38.113. unauthorized absence from community corrections facility, county . 3019), Sec. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing intercollegiate, or other organized amateur or professional athletic competition and ASSAULT Sec. for non-profit, educational, and government users. September 1, 2019. Acts 2017, 85th Leg., R.S., Ch. (C) the victim is an elderly individual or a disabled individual. 1, eff. -1st Degree Felony-. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. September 1, 2017. who, in the course and scope of employment or as a volunteer, provide services for 2908), Sec. 33, eff. 436 (S.B. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. 900, Sec. 357, Sec. 399, Sec. September 1, 2017. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. (d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony. 34 (S.B. 739, Sec. 79, Sec. 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. Acts 2021, 87th Leg., R.S., Ch. An assault is classified as a class a misdemeanor if bodily injury was caused. 14, Sec. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. (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). INDECENT ASSAULT. 2589), Sec. 719 (H.B. 719 (H.B. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. 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. 27.01, 31.01(68), eff. (3) "Household" has the meaning assigned by Section 71.005, Family Code. 273 (H.B. September 1, 2021. normal breathing or circulation of the blood of the person by applying pressure to 15.02(b), eff. It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. 334, Sec. (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 2, eff. Class C misdemeanors are a type of crime in Texas. or staff member. 1, 2, eff. 223, Sec. Assault by Threat is a Class C offense in Texas and is subject to fines of up to $500. (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. 436 (S.B. 1, eff. https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/, Read this complete Texas Penal Code - PENAL 22.01. 53a-60a. 3, eff. 3, eff. 2, eff. 2)"use or exhibits a deadly weapon during the commission of the assault". A charge of assault can become a crime depending on the type of person being attacked or the type of attack. 1, eff. 2, eff. 1006, Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sec. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. 3, eff. September 1, 2011. (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 . An offense under Subsection (a-1) is a state jail felony when the person, with criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), or (3). (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 (b-2)Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony Acts 2017, 85th Leg., R.S., Ch. 3607), Sec. 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: 27.01, eff. Sept. 1, 1994. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 685 (H.B. 2.08, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 977, Sec. The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. 1, eff. (b) A person commits an offense if he knowingly discharges a firearm at or in the direction of: (2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied. 1.01, eff. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 788 (S.B. 29, eff. Original Source: Sec. 01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. 165, Sec. (b) An offense under this section is a felony of the third degree. Assault - last updated April 14, 2021 (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. 1, eff. 900, Sec. Criminal bodily harm includes injuries sustained by a . (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. AGGRAVATED SEXUAL ASSAULT. Oct. 2, 1984. 2, eff. of the second degree if: (1)the offense is committed against a person whose relationship to or association If simple assault involves assaulting an athlete or . Sec. 1029, Sec. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. 12.23. class c misdemeanor . Sec. 24), Sec. 1306), Sec. Acts 2019, 86th Leg., R.S., Ch. 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 Added by Acts 2019, 86th Leg., R.S., Ch. 1, eff. (7)a person the actor knows is pregnant at the time of the offense. (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. (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. 1, eff. or nolo contendere in return for a grant of deferred adjudication, regardless of whether Sept. 1, 1991; Acts 1993, 73rd Leg., ch. What is an Assault? (d)For purposes of Subsection (b), the actor is presumed to have known the person Sept. 1, 1983. Assault in the second degree: Class D or C felony. 1, eff. Sept. 1, 1985. 284 (S.B. However, they are still more serious than infractions. 164, Sec. 399, Sec. commitment facility; or, (ii)in retaliation for or on account of an exercise of official power or performance 791, Sec. 461 (H.B. (last accessed Jun. Acts 2005, 79th Leg., Ch. Amended by Acts 1979, 66th Leg., p. 1114, ch. Call 738-8383 to schedule a free, no-obligation consultation to discover your options. 1, eff. Offensive or Provocative Contact. Acts 2017, 85th Leg., R.S., Ch. 530, Sec. class a misdemeanor sec. 1286), Sec. Texas Penal Code Section 22.01 - Assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Penal Code Sec. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. 688), Sec. 904, Sec. Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 335, Sec. Reenacted and amended by Acts 2005, 79th Leg., Ch. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. performance of an official duty as a peace officer or judge. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. | https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/. 2, eff. 18, Sec. 8.139, eff. is a peace officer or judge while the officer or judge is lawfully discharging an 440 (H.B. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2009. 6.05, eff. 955 (S.B. (2) "Spouse" means a person who is legally married to another. 22.01. 1.01, eff. 19, eff. 22.12. 334, Sec. September 1, 2007. (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) touches another person with the anus, breast, or any part of the genitals of any person; (3) exposes or attempts to expose another person's genitals, pubic area, anus, buttocks, or female areola; or. 858 (H.B. 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) 1.01, eff. (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. An assault is legally defined as an offensive contact. September 1, 2005. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 2, 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. 1.01, eff. (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. 318, Sec. 557, Sec. Acts 2021, 87th Leg., R.S., Ch. 788 (S.B. 1, eff. to provide the service; or. (B)the offense is committed by intentionally, knowingly, or recklessly impeding the CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. 659, Sec. 728 (H.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Amended by Acts 1985, 69th Leg., ch. 1, eff. 22.041. (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. Assault is a common charge in . 22.10. Section 22.01 Assault, September 1, 2017. (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. Amended by Acts 1993, 73rd Leg., ch. 2, eff. According to Texas law, Texas Penal Code Ann. 751 (H.B. September 1, 2005. 1, eff. (c) Section 25.07(a), Penal Code, is amended to read as follows: (a) A person commits an offense if, in violation of a . 22.09. 1, eff. Texas Penal Code 22.01(b) states that an assault offense under Texas Penal Code 22.01(a)(1) is a Class A misdemeanor, except that the offense is a third-degree felony if the offense is committed against a person whose relationship to or association with the . 2, eff. 22.01, assault covers three different types of actions. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; Sec. 584 (S.B. 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 Acts 2019, 86th Leg., R.S., Ch. 12.22. class b misdemeanor sec. Jan. 1, 1974. 873 (S.B. 1354), Sec. Stay up-to-date with how the law affects your life. 91), Sec. (e) An offense under this section is a felony of the first degree. Community service. AIDING SUICIDE. 2, eff. Amended by Acts 1993, 73rd Leg., ch. 593 (H.B. (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. (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. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. Acts 2005, 79th Leg., Ch. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. 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