22.041. 3, eff. 1.01, eff. 15.02(b), eff. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. https://texas.public.law/statutes/tex._penal_code_section_22.01. 155, Sec. September 1, 2011. 1029, Sec. 1, eff. 481, Sec. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 79, Sec. Amended by Acts 1985, 69th Leg., ch. 22.08. A charge of assault can become a crime depending on the type of person being attacked or the type of attack. 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. (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. Texas Penal Code Section 22.01 - Assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Penal Code Sec. capacity as a sports participant; or, (B)in retaliation for or on account of the participant's performance of a duty or (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force, violence, or coercion; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to the other person, and the other person believes that the actor has the present ability to execute the threat; (3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; (4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; (5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; (6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge; (7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; (8) the actor is a public servant who coerces the other person to submit or participate; (9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor; (10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; (11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code; (12) the actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor; (13) the actor is a coach or tutor who causes the other person to submit or participate by using the actor's power or influence to exploit the other person's dependency on the actor; or. September 1, 2017. 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. September 1, 2017. ASSAULT Sec. 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 . 1, 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. 2, eff. 5, eff. 549), Sec. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. Class C offenses are punishable by a $500 fine, but a conviction can cause other problems. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. OFFENSES AGAINST THE PERSON CHAPTER 22. In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. 00 all the way to decades in prison. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. These cases are quite complex and benefit from the expertise of a criminal defense attorney. 366, Sec. 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. knows or should reasonably believe that the other will regard the contact as offensive 903, Sec. 7, eff. 719 (H.B. 977, Sec. 3, eff. (b) An offense under this section is a felony of the third degree. 620, Sec. (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. SEXUAL OFFENSES. (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. Amended by Acts 1989, 71st Leg., ch. Added by Acts 1999, 76th Leg., ch. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. 164), Sec. 1, eff. (2) not attended by an individual in the vehicle who is 14 years of age or older. (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 (8) a person the actor knows is pregnant at the time of the offense. 3, eff. Sept. 1, 1983; Acts 1987, 70th Leg., 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. (b)An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense 1.01, eff. Sec. Sec. 15.02(a), eff. 1, eff. 01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. 1808), Sec. by Section 71.0021(b), 71.003, or 71.005, Family Code; or. Acts 2019, 86th Leg., R.S., Ch. 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. 8), Sec. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. (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. Feb. 1, 2004. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 16, Sec. 1102, Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. September 1, 2019. 2, eff. Jan. 1, 1974. . 751 (H.B. 3, eff. includes an athlete, referee, umpire, linesman, coach, instructor, administrator, How Texas Penal Code Ch 22.01 Defines Assault. 6, eff. Texas Misdemeanor Crimes Class C Misdemeanors in Texas. Amended by Acts 1993, 73rd Leg., ch. 788, 6. Amended by Acts 1977, 65th Leg., p. 2067, ch. Acts 2017, 85th Leg., R.S., Ch. power or performance of an official duty as a public servant; (2)a person whose relationship to or association with the defendant is described 2.04, eff. Copyright 2023, Thomson Reuters. 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 . Sept. 1, 2003; Acts 2003, 78th Leg., ch. of the second degree if the offense is committed against a person the actor knows 1, eff. 18, eff. 1019, Sec. 91), Sec. Sec. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. indecent assault, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Chapter 7A, Code . 22.06. Penal Code Title 5 Texas Penal Code Sec. Sept. 1, 2001. (C) the victim is an elderly individual or a disabled individual. (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. 361 (H.B. Sept. 1, 1983. Acts 2017, 85th Leg., R.S., Ch. 939, Sec. 38.111. improper contact with victim sec. 24, Sec. (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. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 1.18, eff. 3, eff. (a) A person commits an offense if, with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide. 12.22. class b misdemeanor sec. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. 739, Sec. 1, eff. 977, Sec. Assault on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Acts 2015, 84th Leg., R.S., Ch. Texas Disciplinary Rules of Professional Conduct, the attorney . Current as of April 14, 2021 | Updated by FindLaw Staff. Acts 2005, 79th Leg., Ch. 361 (H.B. -or-. 260 (H.B. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. (j) Written notification under Subsection (i)(2) or (i)(3) is not effective unless it contains the name and address of the actor, the name and address of the child, elderly individual, or disabled individual, the type of care provided by the actor, and the date the care was discontinued. (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. 1576), Sec. Class C Assault is described in Section 22.01 (a) (2) and (3) of the Texas Penal Code as follows: [1] (a) A person commits an offense if the person: (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or Sept. 1, 1991; Acts 1993, 73rd Leg., ch. and the defendant was subsequently discharged from community supervision; and. 549), Sec. 22.01. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1.01, eff. (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. 2, eff. 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. commitment facility; or, (ii)in retaliation for or on account of an exercise of official power or performance 91), Sec. who, in the course and scope of employment or as a volunteer, provide services for 18, Sec. 2552), Sec. Through social entrepreneurship, were lowering the cost of legal services and 12, eff. 902), Sec. August 1, 2005. Added by Acts 1983, 68th Leg., p. 2812, ch. 14.829, eff. 003, Health and Safety Code, emergency room personnel, and other individuals 809, Sec. SEXUAL ASSAULT. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. Sept. 1, 1997; Acts 1995, 74th Leg., ch. (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. In addition, Acts 2007, 80th Leg., R.S., Ch. September 1, 2007. (a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is: (1) younger than seven years of age; and. 2, eff. (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. 1, eff. 878, Sec. Acts 2009, 81st Leg., R.S., Ch. 1038 (H.B. (e) For purposes of Subsection (a)(3), the actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant. September 1, 2005. 977, Sec. 1.125(a), eff. 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 2005 Texas Penal Code CHAPTER 22. 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 Acts 2005, 79th Leg., Ch. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. the offense is: (1)a Class A misdemeanor if the offense is committed under Subsection (a)(3) against normal breathing or circulation of the blood of the person by applying pressure to (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. Sept. 1, 1994. 1, eff. September 1, 2019. Acts 2009, 81st Leg., R.S., Ch. (2)a conviction under the laws of another state for an offense containing elements 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 Added by Acts 1985, 69th Leg., ch. 1038 (H.B. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (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. 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 Acts 2017, 85th Leg., R.S., Ch. 1164), Sec. 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