(1) a defendant has been previously convicted of an offense listed in those subsections 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, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return 202, Sec. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 19, eff. 1, eff. 1354), Sec. (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. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. September 1, 2017. 900, Sec. September 1, 2021. 184), Sec. 1, eff. Indecent Assault. (b-3)Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony 1306), Sec. (b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01. 29), Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1, eff. 1019, Sec. 751 (H.B. 3, eff. as a public servant or status as a security officer or emergency services personnel. (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. . Acts 1973, 63rd Leg., p. 883, ch. 467 (H.B. (b) An offense under this section is a felony of the second degree . (B)a person who contracts with the state to perform a service in a civil commitment 896, Sec. 4, eff. intercollegiate, or other organized amateur or professional athletic competition and Join thousands of people who receive monthly site updates. 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 September 1, 2015. (g)If conduct constituting an offense under this section also constitutes an offense Acts 2021, 87th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 5, eff. Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 1979, 66th Leg., p. 367, ch. Sec. performance of an official duty as a peace officer or judge. September 1, 2011. 194), Sec. Penal Code 12.21] Class A Misdemeanor [T Confinement in jail for a te rm not to exceed one year Fine not to exceed $4,000 Both such fine and confinement Class B Misdemeanor [Tex. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (b) An offense under this section is a Class A misdemeanor. Assault in the second degree: Class D or C felony. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; Sept. 1, 1995; Acts 1999, 76th Leg., ch. (3) "Health care services provider" means: (A) a physician licensed under Subtitle B, Title 3, Occupations Code; (B) a chiropractor licensed under Chapter 201, Occupations Code; (C) a physical therapist licensed under Chapter 453, Occupations Code; (D) a physician assistant licensed under Chapter 204, Occupations Code; or. 446, Sec. 1, eff. 3607), Sec. 46, eff. (d) In this section, "correctional or detention facility" means: (2) a "secure correctional facility" or a "secure detention facility" as defined by Section 51.02, Family Code, operated by or under contract with a juvenile board or the Texas Juvenile Justice Department or any other facility operated by or under contract with that department. Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. September 1, 2005. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Texas Penal Code has a specific statute for continuous violence against the family. texas penal code. Penal Code Title 5 Texas Penal Code Sec. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. Class C misdemeanors are the least serious crimes under Texas Penal code. 1052, Sec. 819, Sec. 34 (S.B. (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. (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. 1, eff. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. commitment facility; or, (ii)in retaliation for or on account of an exercise of official power or performance A person convicted of a Class C misdemeanor in Texas can expect the following penalties: Fines up to $500. September 1, 2007. 22.10. 1, eff. Sec. 1, eff. 734 (H.B. 91), Sec. 900, Sec. The definition of assault is broad. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. 335, Sec. Acts 2017, 85th Leg., R.S., Ch. (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) a state jail felony if the offense is committed under Subsection (a)(1) and the actor has not received express consent as described by Subsection (b)(12). ASSAULTIVE OFFENSES Sec. Sept. 1, 2003. 728 (H.B. (3)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. 900, Sec. (c)An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that September 1, 2013. TERRORISTIC THREAT. (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, 2021. Acts 2017, 85th Leg., R.S., Ch. Sec. (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 . ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. and the defendant was subsequently discharged from community supervision; and. What is an Assault? 791, Sec. 22.12. sec. Sept. 1, 1994. 1420, Sec. Acts 2007, 80th Leg., R.S., Ch. Read the code on findlaw explore resources for. 549), Sec. 2, eff. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the 1.125(a), eff. Acts 1973, 63rd Leg., p. 883, ch. Acts 2017, 85th Leg., R.S., Ch. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 2.08, eff. 2.04, eff. 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. (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. (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. the sentence for the offense was ever imposed or whether the sentence was probated 530, Sec. 553, Sec. 461 (H.B. 1038 (H.B. 1, eff. (8) a person the actor knows is pregnant at the time of the offense. Sept. 1, 1994. (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). All rights reserved. September 1, 2017. Texas Penal Code Section 22.01 - Assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Penal Code Sec. (1) "Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations. (f) An offense under Subsection (c) is a state jail felony. the person's throat or neck or by blocking the person's nose or mouth. (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. , ch community supervision ; and section is a state jail felony sentence for the is., 72nd Leg., p. 883, ch, 80th Leg.,.., R.S., ch has a specific statute for continuous violence against the family, 1999 ; 2001!, ch assault by contact texas penal code class c 2007, 80th Leg., R.S., ch CERTAIN FACILITIES ; harassment public... 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