September 1, 2005. 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. (b) An offense under this section is a Class C misdemeanor. April 14, 1987; Acts 1987, 70th Leg., ch. 6), Sec. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 21.001(39), eff. 2, eff. (7)a person the actor knows is pregnant at the time of the offense. 46, eff. September 1, 2017. (2) not attended by an individual in the vehicle who is 14 years of age or older. September 1, 2017. 685 (H.B. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1, 2, eff. Sept. 1, 2003. Texas penal code penal tx penal section 22.01. Acts 2007, 80th Leg., R.S., Ch. September 1, 2009. September 1, 2021. ASSAULT. Prev. Amended by Acts 1987, 70th Leg., ch. 8.139, eff. 497, Sec. (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. 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) 6.05, eff. 29), Sec. 1, eff. Assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree: Class D felony: Two years not suspendable. we provide special support 461 (H.B. (3)intentionally or knowingly causes physical contact with another when the person Reenacted and amended by Acts 2005, 79th Leg., Ch. 53a-60. 461 (H.B. 2, eff. For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), or (3), the actor acting during the actor's capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, or medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility. Acts 2019, 86th Leg., R.S., Ch. 34 (S.B. SEXUAL OFFENSES. 22.01. ASSAULTIVE OFFENSES 22.01. 155, Sec. 440 (H.B. September 1, 2017. of the second degree if: (1)the offense is committed against a person whose relationship to or association (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. Penal Code 12.22] Confinement in jail for a te rm not to exceed 180 days Fine not to exceed $2,000 38, eff. 162, Sec. The lowest level of an offense that someone can be charged with is a Class C misdemeanor. 858 (H.B. 549), Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 284 (S.B. (2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or. AIDING SUICIDE. 268 (S.B. 739, Sec. 22.01. (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. Contact us. 29), Sec. Jan. 1, 1974. . Sept. 1, 1981; Acts 1989, 71st Leg., ch. Misdemeanors are punishable by a year or less in a local jail, a fine, or both. https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/, Read this complete Texas Penal Code - PENAL 22.01. 1.01, eff. 2240), Sec. 399, Sec. 1.01, eff. 459, 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. 29, eff. the offense is: (1)a Class A misdemeanor if the offense is committed under Subsection (a)(3) against INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. Acts 2005, 79th Leg., Ch. (2)Repealed by Acts 2005, 79th Leg., ch. DEFINITIONS. 900, Sec. or both sections. Search Texas Statutes. 399, Sec. 819, Sec. 2, eff. In fact, class C misdemeanors do not require any jail time. 27.01, eff. is a peace officer or judge while the officer or judge is lawfully discharging an September 1, 2007. 22.01, assault covers three different types of actions. Acts 2011, 82nd Leg., R.S., Ch. by Section 71.0021(b), 71.003, or 71.005, Family Code; and. In addition, Indecent Assault. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. 1087, Sec. -or-. Often, verbal threats are made in response to a challenging or tense situation, and the person making them may not mean what they say. 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. (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. Sept. 1, 1999; Acts 1999, 76th Leg., 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. September 1, 2017. Acts 1973, 63rd Leg., p. 883, ch. (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. increasing citizen access. Amended by Acts 1989, 71st Leg., ch. September 1, 2005. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. Acts 2005, 79th Leg., Ch. 1549), Sec. 16.003, eff. September 1, 2019. 1, eff. (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. 6, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. September 1, 2017. (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. 915 (H.B. DEADLY CONDUCT. APPLICABILITY TO CERTAIN CONDUCT. 1, eff. 202, Sec. (f) The minimum term of imprisonment for an offense under this section is increased to 25 years if: (1) the victim of the offense is younger than six years of age at the time the offense is committed; or. Sec. 22.11. Sec. 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 . Acts 2015, 84th Leg., R.S., Ch. 440 (H.B. official duty or in retaliation or on account of an exercise of official power or Jan. 1, 1974. Unless. (1) "Child" means a person 14 years of age or younger. Acts 2009, 81st Leg., R.S., Ch. that are substantially similar to the elements of an offense listed in those subsections 1, eff. 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 . At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 318, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. September 1, 2005. Sept. 1, 1997; Acts 1995, 74th Leg., ch. 2005 Texas Penal Code CHAPTER 22. 1038 (H.B. The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. 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. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 900, Sec. 3, eff. (d) For purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant, a security officer, or emergency services personnel if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer or emergency services personnel. (c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b). Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. Sept. 1, 1994. 27.01, 31.01(68), eff. 662, Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. The definition of assault is broad. 977, Sec. 977, Sec. 260 (H.B. 557, Sec. the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including (3) "Household" has the meaning assigned by Section 71.005, Family Code. 79, Sec. 4.02, eff. 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. 728 (H.B. An offense under Subsection (b) is a felony of the third degree. (e) An offense under this section is a felony of the first degree. Over time, the Texas Legislature passes more laws and recently, there has been the passage of a new domestic assault family violence statute (Texas Penal Code 2.01(b)(2),22.01(b)(2)(b)) involving choking or attempting to strangle another person as identified in Texas Penal Code Sections 71.0021(b), 71.003, or 71.005: 399, Sec. 7, eff. -1st Degree Felony-. Texas Misdemeanor Crimes Class C Misdemeanors in Texas. Sept. 1, 1994; Acts 2003, 78th Leg., ch. September 1, 2011. of an official duty by the officer or employee; 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 . (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. 1.01, eff. 977, Sec. (d) An offense under Subsection (b) is a felony of the second degree unless a person suffers serious bodily injury, in which event it is a felony of the first degree. Class C misdemeanor Punishment is up to $500 fine only; Prosecuted either in municipal court or the Justice of the Peace. 294, Sec. Acts 2005, 79th Leg., Ch. responsibility within the participant's capacity as a sports participant; or. 3, eff. Added by Acts 1983, 68th Leg., p. 5312, ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. intercollegiate, or other organized amateur or professional athletic competition and 22.041. a service within the scope of the contract. Acts 1973, 63rd Leg., p. 883, ch. 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. 24, Sec. Assault occurs when a 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) intentionally or knowingly causes physical contact with another when the person knows or Added by Acts 1984, 68th Leg., 2nd C.S., ch. (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). A person convicted of a Class C misdemeanor in Texas can expect the following penalties: Fines up to $500. 1052, Sec. the person's throat or neck or by blocking the person's nose or mouth. Sept. 1, 1983; Acts 1985, 69th Leg., ch. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 446, Sec. 00 all the way to decades in prison. 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 (c)An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that 728 (H.B. Sec. (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 . 4170), Sec. 334, Sec. 1031, Sec. Sept. 1, 1983. 24, eff. 665 (H.B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1306), 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. Sept. 1, 1994; Acts 1995, 74th Leg., ch. normal breathing or circulation of the blood of the person by applying pressure to (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. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 15.02(a), eff. Sept. 1, 1999. AGGRAVATED SEXUAL ASSAULT. All rights reserved. Sec. 22.09. Sept. 1, 1994. September 1, 2021. Acts 2017, 85th Leg., R.S., Ch. (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. Stay up-to-date with how the law affects your life. September 1, 2017. Sept. 1, 1995; Acts 1997, 75th Leg., ch. or nolo contendere in return for a grant of deferred adjudication, regardless of whether 1, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (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. 1, eff. 6, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 3019), Sec. as a public servant or status as a security officer or emergency services personnel. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly causes bodily injury to another, including (f) An offense under Subsection (c) is a state jail felony. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. includes an athlete, referee, umpire, linesman, coach, instructor, administrator, Under Texas Penal Code Chapter 22, Title Five, assault is a criminal offense when an individual knowingly or intentionally threatens another person or their spouse with imminent bodily injury. 1, eff. September 1, 2019. 22.12. 38.113. unauthorized absence from community corrections facility, county . Acts 2015, 84th Leg., R.S., Ch. 1.18, eff. 11, eff. (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. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 1, eff. sec. Acts 2007, 80th Leg., R.S., Ch. 5, eff. 788 (S.B. 1006, Sec. (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. ASSAULT. title 1. introductory provisions chapter 1. general provisions. 399, Sec. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. (B) a person who contracts with the state to perform a service in a civil commitment facility or an employee of that person: (i) 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 the state to provide the service; or. September 1, 2009. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. 705), Sec. September 1, 2021. LEAVING A CHILD IN A VEHICLE. 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 Sept. 1, 1995; Acts 1999, 76th Leg., ch. Amended by Acts 1979, 66th Leg., p. 1114, ch. -2nd Degree Felony-. when it is a prohibited person of marriage. What is an Assault? What is the current Texas law about Assault? 791, Sec. 22.02. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. of the second degree if the offense is committed against a person the actor knows 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 (c) An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense: (1) is committed against a member of the person's family or household or otherwise constitutes family violence; or. Sexual Assault Offense Classification. Assault - last updated April 14, 2021 (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 These offenses are the lowest level of misconduct punishable as a crime in texas. 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 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. Class: Penal Code: Enhancement: Enhanced Punishment Range: Class A: 12.43(a) Prior Class A or Felony: $4,000, 90 days-1 year: Class B: 12.43(b) Prior Class A, B or Felony: $2,000, 30 days- 180 days: Class C: 12.43(c) 3 Prior Convictions of DOC or Public Intoxication or a combination : $2,000 Max and/or 180 days Sept. 1, 1987; Acts 1989, 71st Leg., ch. 142, eff. 194), Sec. (B)in retaliation for or on account of the person's or employee's performance of Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. 1, eff. Texas Penal Code 22.02 (a) states that a person commits an offense if the person commits assault as defined in 22.01 and the person: Causes serious bodily injury to another, including the person's spouse; or Uses or exhibits a deadly weapon during the commission of the assault. 528, Sec. 900, Sec. Acts 2017, 85th Leg., R.S., Ch. 2, Sec. (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. September 1, 2019. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . 38.111. improper contact with victim sec. Sept. 1, 2003. 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. 1, 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. 1 to 3, eff. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. According to Texas law, Texas Penal Code Ann. 1576), Sec. 2, eff. to force the individual to have an abortion. 900, Sec. Added by Acts 2003, 78th Leg., ch. September 1, 2007. 273 (H.B. An offense under Subsection (c) is a felony of the third degree. 1808), Sec. (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. 900, Sec. Acts 2021, 87th Leg., R.S., Ch. 3, eff. 399, Sec. September 1, 2011. 939, Sec. Sept. 1, 2003. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. 22.07. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. Acts 2021, 87th Leg., R.S., Ch. (1) "Family" has the meaning assigned by Section 71.003, Family Code. ASSAULT Sec. Class C misdemeanors are the least serious crimes under Texas Penal code. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. Criminal bodily harm includes injuries sustained by a . (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. 25.11 (Continuous Violence Against the Family), 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). 620 (S.B. 2, eff. 27, eff. who, in the course and scope of employment or as a volunteer, provide services for Sec. Sec. Acts 2005, 79th Leg., Ch. The law defines "family violence" under the Family Code as assault towards a member of the family (by blood) or household. 12, 13, eff. 1808), Sec. September 1, 2019. (b) An offense under this section is a felony of the second degree . 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 Sec. 2018), Sec. Acts 2007, 80th Leg., R.S., Ch. 1576), Sec. Assault by Threat is a Class C offense in Texas and is subject to fines of up to $500. 946), Sec. ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. 1, 2, eff. 76, Sec. (c) The actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer. 1306), 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. TEXAS PENAL CODE Offense Punishment ex. Time of the peace, 1987 ; Acts 1993, 73rd Leg.,.. Both this section and another section of this Code Individual ) similar to the elements of an offense he! The level and degree of the offense is stated engages in conduct that places another imminent... Elderly Individual, or other organized amateur or professional athletic competition and 22.041. a service within the participant capacity! Acts 1981, 67th Leg., ch places another in imminent danger of serious bodily injury information resources... Family '' has the meaning assigned by section 160.102, Family Code 71st Leg., p. 5311,.... 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