900, Sec. Amended by Acts 2003, 78th Leg., ch. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 900, Sec. 900, Sec. While jail time is not an option, you could still be left on file with a conviction for assault. September 1, 2013. 53a-60a. 15.02(b), eff. 2240), Sec. Section 22.01 Assault, 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 (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. Contact us. https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/, Read this complete Texas Penal Code - PENAL 22.01. 822, Sec. 977, Sec. 1576), Sec. 165, Sec. 1.01, eff. (7)a person the actor knows is pregnant at the time of the offense. Acts 1973, 63rd Leg., p. 883, ch. 334, Sec. September 1, 2015. (B) regardless of whether the person knows the age of the child at the time of the offense, intentionally or knowingly: (i) causes the penetration of the anus or sexual organ of a child by any means; (ii) causes the penetration of the mouth of a child by the sexual organ of the actor; (iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or, (v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and. to force the individual to have an abortion. An offensive contact is a class C assault which is up to a $500 fine. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope is a peace officer or judge while the officer or judge is lawfully discharging an Acts 2005, 79th Leg., Ch. ASSAULTIVE OFFENSES PENAL CODE TITLE 5. 788 (S.B. September 1, 2017. 2018), Sec. 3, eff. The criminal charge of "assault" can mean so many different things in a Texas court, ranging from a credible threat of committing violence to another person to actually inflicting serious bodily injury. 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. Felony Penalties class a misdemeanor sec. 22.09. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. -1st Degree Felony-. 165, Sec. 738 (H.B. (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. 1, eff. Public intoxication (Penal Code 49.02), Assault by contact (Penal Code 22.01(a)(3)), Theft of less than $100 (Penal Code 31.03), Domestic assault is a Class C misdemeanor if the victim suffered no physical pain or lasting harm. Sept. 1, 1999. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. the sentence for the offense was ever imposed or whether the sentence was probated 22.01. (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. 655, Sec. 366, Sec. (d) The defense provided by Section 22.011(d) applies to this section. Sec. September 1, 2009. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. Sec. Sept. 1, 1994. 12.23. class c misdemeanor . Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 2003. commitment facility; or, (ii)in retaliation for or on account of an exercise of official power or performance (g) 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 or both sections. (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). 1, eff. 1, eff. (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 that person's consent; or, (C) 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. 1, eff. Offensive or Provocative Contact. These offenses are the lowest level of misconduct punishable as a crime in texas. 260 (H.B. APPLICABILITY TO CERTAIN CONDUCT. The degree and severity of Texas assault charges depend on the offender's mental state, the extent of the injury, and certain characteristics of the alleged . Sept. 1, 1991; Acts 1991, 72nd 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. (a) In this section, "abandon" means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability. 1, 2, eff. 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 Amended by Acts 1993, 73rd Leg., ch. September 1, 2007. 3, eff. 19, eff. 685 (H.B. (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. Assault Family Violence Class A Misdemeanor Conduct caused bodily injury Conduct against someone defined by Texas Family Code Assuming no enhancements apply Up to $4,000 fine; up to 365 days in county jail; or up to 2 years of probation Felony Domestic Violence Charges in Texas Assault Family Violence Impede Breath or Circulation 62, Sec. 22.11. that are substantially similar to the elements of an offense listed in those subsections Sept. 1, 1997; Acts 1995, 74th Leg., ch. (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. (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. (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 The definition of assault is broad. (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. 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; Sept. 1, 1999. 1, eff. (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. Acts 2005, 79th Leg., Ch. 24), Sec. Sept. 1, 2003. 7, eff. September 1, 2011. Cite this article: FindLaw.com - Texas Penal Code - PENAL 22.01. 162, Sec. Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 1087, Sec. In Texas, an aggravated assault is a second degree felony with punishments including 2 to 20 years in prison and a fine of up to $10,000. capacity as a sports participant; or, (B)in retaliation for or on account of the participant's performance of a duty or performance of an official duty as a peace officer or judge. by Section 71.0021(b), 71.003, or 71.005, Family Code; or. The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. of an official duty by the officer or employee; or. Texas Disciplinary Rules of Professional Conduct, the attorney . 530, Sec. September 1, 2007. 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. 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. 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 Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 1, eff. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. September 1, 2017. 22.01. 1.125(a), eff. 773. Acts 2005, 79th Leg., Ch. Stay up-to-date with how the law affects your life. (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. 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 . 858 (H.B. 22.04. 2589), Sec. (last accessed Jun. 1576), Sec. Acts 2017, 85th Leg., R.S., Ch. . 1, eff. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. 1, eff. 1, eff. 1354), Sec. 1, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. 34 (S.B. 557, Sec. The lowest level of an offense that someone can be charged with is a Class C misdemeanor. (e) An offense under Subsection (a) is a Class A misdemeanor. (3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and: (A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle; (B) is reckless as to whether the habitation, building, or vehicle is occupied; and. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. to provide the service; or. 734 (H.B. a service within the scope of the contract; (4)a person the actor knows is a security officer while the officer is performing AGGRAVATED SEXUAL ASSAULT. 1, eff. (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. 3, eff. Sec. (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. September 1, 2011. 2)"use or exhibits a deadly weapon during the commission of the assault". Acts 2009, 81st Leg., R.S., Ch. While Class C misdemeanors don't require jail time, these charges still come with a hefty fine. (a) A person commits an offense if the person commits assault as defined in Sec. September 1, 2007. Texas Penal Code . September 1, 2005. 1306), Sec. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (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. 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 (1) "Process server" has the meaning assigned by Section 156.001, Government Code. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 1, eff. committed against a person whose relationship to or association with the defendant Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. 1.01. short title sec. September 1, 2021. 399, Sec. of the second degree if: (1)the offense is committed against a person whose relationship to or association 1259), Sec. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. 705), Sec. 399, Sec. Acts 2013, 83rd Leg., R.S., Ch. 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. In addition, 1, eff. 1, eff. Search by Keyword or Citation. (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 . Sept. 1, 1994; Acts 1995, 74th Leg., ch. (2) uses or exhibits a deadly weapon during the commission of the assault. (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: (1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to 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) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed: (A) by a public servant acting under color of the servant's office or employment; (B) against 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; (C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; (D) against a person the actor knows is a process server while the person is performing a duty as a process server; or, (E) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or. . Sept. 1, 2003; Acts 2003, 78th Leg., ch. 900, Sec. 15.02(a), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 719 (H.B. Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. 38, eff. 1019, Sec. Sexual Assault Offense Classification. (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. September 1, 2015. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. https://texas.public.law/statutes/tex._penal_code_section_22.01. 2908), 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. Sept. 1, 1983. 1286), Sec. 1)"Causes serious Bodily INJURY to another, including the person's spouse". 12, eff. September 1, 2017. 1576), Sec. (c-1) Notwithstanding Subsection (c)(2), an offense under Subsection (a)(2) is a state jail felony if the offense is committed against a person the actor knows is a peace officer or judge. Sept. 1, 2001. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (3)a Class A misdemeanor if the offense is committed against a pregnant individual 8.139, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. September 1, 2007. 00 all the way to decades in prison. ASSAULT. (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. 1 to 3, eff. 3019), Sec. September 1, 2019. (B)the offense is committed by intentionally, knowingly, or recklessly impeding the 2, eff. increasing citizen access. 1101, Sec. 003, Health and Safety Code, emergency room personnel, and other individuals Acts 2017, 85th Leg., R.S., Ch. -or-. September 1, 2007. 79, Sec. An offense under this section is a Class C misdemeanor. 751 (H.B. (b) An offense under this section is a felony of the third degree. 6.05, eff. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Added by Acts 1983, 68th Leg., p. 2812, ch. Assault is a common charge in . (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. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing Amended by Acts 1989, 71st Leg., ch. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 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