1.01, eff. 176), Sec. or both sections. (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. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. Sec. Similarly, while assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors, they can be enhanced to Class A or B misdemeanors when the victim has certain characteristics, like being (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. 18, Sec. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. 1.01, eff. committed against a person whose relationship to or association with the defendant 623 (H.B. 440 (H.B. (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. (3) "Disabled individual" means a person older than 13 years of age who 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. (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. 22.09. Assault by contact is an assault where physical contact is involved. Sec. September 1, 2011. 557, Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 1.01, eff. 24, Sec. Acts 2019, 86th Leg., R.S., Ch. According to Texas law, Texas Penal Code Ann. Acts 2007, 80th Leg., R.S., Ch. 7, eff. (b) An offense under this section is a Class C misdemeanor unless the actor's conduct causes suicide or attempted suicide that results in serious bodily injury, in which event the offense is a state jail felony. Acts 2015, 84th Leg., R.S., Ch. Misdemeanors are punishable by a year or less in a local jail, a fine, or both. 1, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. September 1, 2017. -1st Degree Felony-. 662, Sec. 194), Sec. 1, eff. Amended by Acts 1989, 71st Leg., ch. Amended by Acts 1989, 71st Leg., ch. 3, eff. TERRORISTIC THREAT. Sec. (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. 34 (S.B. 1.18, 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 . For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 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. Evaluating Your Legal Options in Pearland (b) An offense under this section is a Class C misdemeanor. September 1, 2021. Reenacted and amended by Acts 2005, 79th Leg., Ch. September 1, 2007. 4.02, eff. 22.08. 497, Sec. 543 (H.B. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/, Read this complete Texas Penal Code - PENAL 22.01. 19, eff. increasing citizen access. (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. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 3, eff. 1052, Sec. 260 (H.B. Community service. 46, eff. to provide the service; or. 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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1977, 65th Leg., p. 2067, ch. 399, Sec. The texas penal code defines an aggravated assault charge as an assault using or threatening to use a deadly weapon. class a misdemeanor sec. Acts 2005, 79th Leg., Ch. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. 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. . 900, Sec. 16.002, eff. Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; 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. 2, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. 6, eff. Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . Sept. 1, 2003. Sec. 14, Sec. 3, eff. of the second degree if the offense is committed against a person the actor knows (2) "Elderly individual" means a person 65 years of age or older. TAMPERING WITH CONSUMER PRODUCT. An offensive contact is a class C assault which is up to a $500 fine. Texas Penal Code Section 22.01 - Assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Penal Code Sec. Current as of April 14, An offense under this section is a Class A misdemeanor. 1008, Sec. or staff member. 719 (H.B. 2, eff. 467 (H.B. 1, eff. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the While jail time is not an option, you could still be left on file with a conviction for assault. Acts 2005, 79th Leg., Ch. Added by Acts 1983, 68th Leg., p. 5312, ch. 2, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 528, Sec. 399, Sec. 620 (S.B. Sec. September 1, 2021. the person's spouse; or. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 1, eff. 11, eff. 165, Sec. PENAL CODE. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 282 (H.B. September 1, 2017. 12, eff. Sept. 1, 1983. 22.021. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 38.113. unauthorized absence from community corrections facility, county . (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. 5, eff. 1, eff. What is an Assault? Acts 1973, 63rd Leg., p. 883, ch. Acts 2017, 85th Leg., R.S., Ch. 12, 13, eff. 7, 2021). Sec. 1, 2, eff. 15.02(a), eff. Acts 2015, 84th Leg., R.S., Ch. 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 . (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. 481, Sec. 915 (H.B. 27.01, eff. 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. (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section They are the least severe type of misdemeanor. Acts 2017, 85th Leg., R.S., Ch. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. AGGRAVATED ASSAULT. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. September 1, 2005. (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. (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 . 2.04, eff. 8), Sec. 900, Sec. 1, 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. 1576), Sec. 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). (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. (c) Section 25.07(a), Penal Code, is amended to read as follows: (a) A person commits an offense if, in violation of a . 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 (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 . 164), Sec. 1, eff. 22.02. to force the individual to have an abortion. Acts 2021, 87th Leg., R.S., Ch. 1, eff. 22.05. (b) An offense under this section is a Class A misdemeanor. (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. (i) It is an affirmative defense to prosecution under Subsection (b)(2) that before the offense the actor: (1) notified in person the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d), and notified in writing the parents or a person, other than the actor, acting in loco parentis to the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d); or. of an official duty by the officer or employee; or. 165, Sec. (1) "Child" means a person younger than 17 years of age. 22.012. Join thousands of people who receive monthly site updates. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Sept. 1, 2003. (b) An offense under this section is a felony of the second degree . Sec. 2, eff. or provocative. Acts 2005, 79th Leg., Ch. 164, Sec. September 1, 2017. 2908), Sec. (1) "Child" has the meaning assigned by Section 22.011(c). 685 (H.B. Sec. (3) "Disabled individual" means a person: (i) autism spectrum disorder, as defined by Section 1355.001, Insurance Code; (ii) developmental disability, as defined by Section 112.042, Human Resources Code; (iii) intellectual disability, as defined by Section 591.003, Health and Safety Code; (iv) severe emotional disturbance, as defined by Section 261.001, Family Code; (v) traumatic brain injury, as defined by Section 92.001, Health and Safety Code; or, (vi) mental illness, as defined by Section 571.003, Health and Safety Code; or. 2, eff. under another section of this code, the actor may be prosecuted under either section sec. 1, eff. 1, eff. Acts 2007, 80th Leg., R.S., Ch. 15.02(b), eff. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. Acts 2009, 81st Leg., R.S., Ch. 6), Sec. 900, Sec. (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. power or performance of an official duty as a public servant; (2)a person whose relationship to or association with the defendant is described (e) An offense under this section is a felony of the first degree. 1286, Sec. 875 (H.B. Acts 2009, 81st Leg., R.S., Ch. 549), Sec. 1, eff. (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. Jan. 1, 1974. . Added by Acts 1983, 68th Leg., p. 5312, ch. 1, eff. 2, eff. 29, eff. 530, Sec. 22.01. 904, Sec. 620 (S.B. 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. SEXUAL ASSAULT. (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) 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. September 1, 2019. 1, eff. Acts 2017, 85th Leg., R.S., Ch. 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. 1029, Sec. 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. The definition of assault is broad. 334, Sec. 440 (H.B. (a) A person commits an offense if the person commits assault as defined in Sec. TEXAS PENAL CODE Offense Punishment ex. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. You'll have to pay up to $500 if you're charged with Class C assault in Texas. Acts 2015, 84th Leg., R.S., Ch. Class C misdemeanor Punishment is up to $500 fine only; Prosecuted either in municipal court or the Justice of the Peace. Sec. capacity as a sports participant; or, (B)in retaliation for or on account of the participant's performance of a duty or (b-2)Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony 1286), Sec. Felony Penalties At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (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. 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