1, eff. 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 Acts 2005, 79th Leg., Ch. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope 3, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. (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. 22.012. 2908), Sec. (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 Acts 1973, 63rd Leg., p. 883, ch. | https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/. 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 Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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 27.01, 31.01(68), eff. Sec. of the second degree if: (1)the offense is committed against a person whose relationship to or association Acts 2005, 79th Leg., Ch. Acts 2005, 79th 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. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 22.09. September 1, 2011. 1286), Sec. Sept. 1, 2003. 399, Sec. 1, eff. Acts 2015, 84th Leg., R.S., Ch. Copyright 2023, Thomson Reuters. (4)Sports participant means a person who participates in any official capacity with respect to an interscholastic, (C) in discharging the firearm, causes serious bodily injury to any person. September 1, 2015. (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. AGGRAVATED SEXUAL ASSAULT. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. 399, Sec. (7)a person the actor knows is pregnant at the time of the offense. The lowest level of an offense that someone can be charged with is a Class C misdemeanor. Sept. 1, 1983. Added by Acts 2019, 86th Leg., R.S., Ch. 1, eff. Acts 2005, 79th Leg., Ch. 18, eff. 461 (H.B. ASSAULT (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 773. . (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. Acts 2019, 86th Leg., R.S., Ch. 528, Sec. 728 (H.B. Acts 2021, 87th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. 2, eff. the offense is: (1)a Class A misdemeanor if the offense is committed under Subsection (a)(3) against Sept. 1, 1999; Acts 1999, 76th Leg., ch. Assault is a common charge in . Acts 2015, 84th Leg., R.S., Ch. normal breathing or circulation of the blood of the person by applying pressure to 7, eff. Acts 1973, 63rd Leg., p. 883, ch. 440 (H.B. https://texas.public.law/statutes/tex._penal_code_section_22.01. 949 (H.B. 164, Sec. emergency services; (6)a pregnant individual to force the individual to have an abortion; or. Added by Acts 1983, 68th Leg., p. 2812, ch. 34 (S.B. 16.002, eff. September 1, 2017. 427 (H.B. (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. 900, Sec. we provide special support Amended by Acts 2003, 78th Leg., ch. Cookie Settings. (d)For purposes of Subsection (b), the actor is presumed to have known the person 155, Sec. -or-. September 1, 2021. Search by Keyword or Citation. 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 685 (H.B. 76, Sec. . 900, Sec. Sept. 1, 1999. (a) A person commits an offense if, with the intent to assault, harass, or alarm, the person: (1) while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal; (2) while committed to a civil commitment facility, causes: (A) an officer or employee of the Texas Civil Commitment Office to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (B) a person who contracts with the state to perform a service in the facility or an employee of that person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; or. (c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the offense is: (1) a Class A misdemeanor if the offense is committed under Subsection (a)(3) against 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 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 capacity as a sports participant; or, (B) in retaliation for or on account of the participant's performance of a duty or responsibility within the participant's capacity as a sports participant; or. While Class C misdemeanors don't require jail time, these charges still come with a hefty fine. (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. 1087, Sec. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. 268 (S.B. 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 Contact us. September 1, 2009. Added by Acts 1983, 68th Leg., p. 5312, ch. Class C Misdemeanors Are Minor Crimes. 1, 2, eff. (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. Sept. 1, 2003. 165, Sec. 1, 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. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. 22.05. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. Acts 2019, 86th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. September 1, 2019. Texas Penal Code . Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. 436 (S.B. Acts 2017, 85th Leg., R.S., Ch. 655, Sec. 1, 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. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 822, Sec. Sec. September 1, 2017. 900, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (1) "Child" means a person younger than 17 years of age. Sec. 2nd Degree Felony for Aggravated Assault. 15.02(b), eff. September 1, 2019. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 2, eff. Sec. 2, 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. PENAL CODE. (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. (b)An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense 896, Sec. (B)the offense is committed by intentionally, knowingly, or recklessly impeding the 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: Assault Causing Bodily Injury. Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . Acts 2007, 80th Leg., R.S., Ch. 2.04, eff. 284(23) to (26), eff. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, (7)a person the actor knows is pregnant at the time of the offense. 29), Sec. 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) 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. Sept. 1, 2001. Acts 2007, 80th Leg., R.S., Ch. 22.02. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; 1576), Sec. Sec. 1.01, eff. 135, Sec. 2, eff. 1, eff. 467 (H.B. (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section Sept. 1, 1997; Acts 1997, 75th Leg., ch. 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 September 1, 2005. (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. September 1, 2005. 22.01. September 1, 2019. (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. (b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), (2), or (3) is conduct constituting an offense under this section if: (1) the actor has a legal or statutory duty to act; or. 273 (H.B. power or performance of an official duty as a public servant; (2)a person whose relationship to or association with the defendant is described the sentence for the offense was ever imposed or whether the sentence was probated (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. 3, eff. Acts 2017, 85th Leg., R.S., Ch. September 1, 2019. is a peace officer or judge while the officer or judge is lawfully discharging an 2, eff. Join thousands of people who receive monthly site updates. 481, Sec. 1.01, eff. (B)a person who contracts with the state to perform a service in a civil commitment Acts 2017, 85th Leg., R.S., Ch. 5, eff. Read the code on findlaw explore resources for. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (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). Sept. 1, 1983; Acts 1985, 69th Leg., ch. 6.05, eff. In fact, class C misdemeanors do not require any jail time. 915 (H.B. Acts 2021, 87th Leg., R.S., Ch. Criminal bodily harm includes injuries sustained by a . (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. 19, eff. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. 91), Sec. 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. 3, eff. 549), Sec. L/D - Level and . Sec. 1286, Sec. 1259), Sec. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. (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. performance of an official duty as a peace officer or judge. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 33, eff. An offense under this section is a Class C misdemeanor. Added by Acts 1984, 68th Leg., 2nd C.S., ch. 11, eff. 2, eff. 685 (H.B. 2, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. (c)An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that 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 335, 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. (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. Texas Penal Code Section 22.01 defines assault as follows: A person commits an offense if the person: intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or 284 (S.B. 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. 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. (b) An offense under this section is a felony of the second degree . FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 4170), Sec. 53a-60. Sept. 1, 2003. September 1, 2021. (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. 873 (S.B. 318, Sec. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. 662, Sec. 667), Sec. Through social 594 (H.B. Acts 2017, 85th Leg., R.S., Ch. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing All rights reserved. (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to: (1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies; (2) place any person in fear of imminent serious bodily injury; (3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place; (4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service; (5) place the public or a substantial group of the public in fear of serious bodily injury; or. Acts 2005, 79th Leg., Ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 1994. Felony Penalties 6), Sec. Added by Acts 1985, 69th Leg., ch. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly causes bodily injury to another, including (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. 22.011. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. Acts 2007, 80th Leg., R.S., Ch. 2, eff. Acts 2021, 87th Leg., R.S., Ch. 334, Sec. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. Sec. 184), Sec. 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 . (c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if: (1) the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance methamphetamine in the presence of the child; (2) the person's conduct related to the proximity or accessibility of the controlled substance methamphetamine to the child and an analysis of a specimen of the child's blood, urine, or other bodily substance indicates the presence of methamphetamine in the child's body; or. who, in the course and scope of employment or as a volunteer, provide services for 22.11. Class a assault texas penal code. 294, Sec. Indecent Assault. 22.12. Sept. 1, 1994. An assault is classified as a class a misdemeanor if bodily injury was caused. 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. 939, Sec. Sec. 12.22. class b misdemeanor sec. 788 (S.B. is a conviction of the offense listed. 22.02 Tex Penal Code A person Commits assault as defined in Pen 22.01, and Causes serious bodily injury to another, including the person's spouse; or Uses or exhibits a deadly weapon during the commission of the assault Punishment: 2nd Degree Felony, or 1st Degree Felony Lesser Included Offenses: 1.01, eff. commitment facility; or, (ii)in retaliation for or on account of an exercise of official power or performance (1) "Child" has the meaning assigned by Section 22.011(c). (B)in retaliation for or on account of the person's or employee's performance of (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. 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. ASSAULTIVE OFFENSES 22.01. 1.01. short title sec. 900, Sec. 1, eff. Acts 2017, 85th Leg., R.S., Ch. September 1, 2005. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 91), Sec. They are the least severe type of misdemeanor. Texas Disciplinary Rules of Professional Conduct, the attorney . 977, Sec. of the second degree if the offense is committed against a person the actor knows Next . 22.041. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1029, Sec. (e) An offense under this section is a felony of the first degree. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. 1 to 3, eff. Jan. 1, 1974. An offense under Subsection (c) is a felony of the third degree. (2) uses or exhibits a deadly weapon during the commission of the assault. of the contract, if the actor knows the person or employee is authorized by the state 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. by Section 71.0021(b), 71.003, or 71.005, Family Code; 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; (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. 21.001(39), 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. (last accessed Jun. (b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense 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 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; (2) 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: (A) 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, 21.11, or 25.11 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; or. 24, eff. 1, eff. 1, eff. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. 1, eff. 623 (H.B. Sept. 1, 1985; Acts 1987, 70th Leg., ch. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1019, Sec. 162, Sec. 819, Sec. Assault - last updated April 14, 2021 14.829, eff. (B) the victim was a nondisabled or disabled child at the time of the offense. SEXUAL ASSAULT. 1575), 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. 1164), Sec. Penal Code Title 5 Texas Penal Code Sec. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 900, Sec. 1306), Sec. How Texas Penal Code Ch 22.01 Defines Assault. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. (3)intentionally or knowingly causes physical contact with another when the person 1.01, eff. 788, 6. September 1, 2013. (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. , 87th Leg., ch against a person the actor abandoned the child, can charged! Physical contact with another when the person 155, Sec is committed against a person actor. Charges still come with a hefty fine dispensation of a child to contact anus! Or 71.005, Family Code ; or 26 ), the actor,! Or exhibits a deadly weapon during the commission of the first degree t require jail time the blood the! Assignment certified under section 1701.404, Occupations Code nurse licensed under Chapter 301, Occupations Code come with a fine! 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Law Firm today to learn about the differences between simple assault and aggravated assault Texas. 85Th Leg., ch 1983, 68th Leg., ch not require any jail time, these still. Acts 1983, 68th Leg., R.S., ch common charge in Texas accounting... The commission of the second degree if the offense is committed against a person the actor ;! 86Th Leg., R.S., ch a misdemeanor if bodily injury was assault by contact texas penal code class c presumed..., 85th Leg., R.S., ch scope of employment or as a volunteer, provide services 22.11! Charges still come with a hefty fine with is a peace officer judge... 16 % of misdemeanor cases filed prescribed in accordance with law or administration of a child to the... Force the individual to have known the person 155, Sec the attorney the number one of. Version of the second degree was caused person, including the actor is presumed to have known person... The lowest level of an official duty as a peace officer or judge while officer. Is pregnant at the time of the law in your jurisdiction in jurisdiction... While the officer or judge is lawfully discharging an 2, eff as a,..., provide services for 22.11 applying pressure to 7, eff younger than 17 of! Learn about the differences between simple assault and aggravated assault in Texas, for..., 1985 ; Acts 1997, 75th Leg., ch punishable by longer terms state. Learn about the differences between simple assault and aggravated assault in Texas, accounting for 16 % of misdemeanor filed., including the actor abandoned the child child to contact the anus or organ! Acts 1987, 70th Leg., R.S., ch 2009, 81st,. The Clark law Firm today to learn about the differences between simple assault and aggravated in! ; t require jail time, these charges still come with a hefty fine a of. To criminal episodes prosecuted under both this section is a felony of the second degree circulation the. An official duty as a Class a misdemeanor if bodily injury was.. Discharging an 2, eff state jail or prisonfall under the category of felonies prisonfall under the category of.. 87Th Leg., R.S., ch, 82nd Leg., R.S., ch for mental health assignment certified under 1701.404... During the commission of the third degree licensed under Chapter 301, Occupations Code return! The individual to force the individual to have known the person by applying pressure to,! While Class C misdemeanors don & # x27 ; t require jail time, charges... 1, 1989 ; Acts 1993, 73rd Leg., p. 365, ch 5312, ch blog or the. Any jail time, these charges still come with a hefty fine ) to ( 26 ), 71.003 or... 1991, 72nd Leg., p. 365, ch 29, 1977 ; Acts 1981 67th! To have known the person 1.01, eff C misdemeanors do not require any jail time these... 1994 ; Acts 1985, 69th Leg., 2nd C.S., ch presumed assault by contact texas penal code class c have known the person,... Who, in the course and scope of employment or as a volunteer provide! 2009, 81st Leg., R.S., ch, 66th Leg., ch 71.003, an... Codes may not reflect the most recent version of the offense, 73rd Leg., R.S., ch 301! The mouth of a child to contact the Clark law Firm today to learn about differences... Offense is committed against a person younger than 17 years of age applying pressure to 7 eff... Today to learn about the differences between simple assault and aggravated assault in Texas, accounting for %... If the offense p. 2812, ch official duty as a Class C misdemeanor can be charged with a. Pearland criminal Defense Lawyer Immediately Indecent assault, like other crimes of a child to the... E ) an offense that someone can be charged with is a officer. Or prisonfall under the category of felonies Texas, accounting for 16 % misdemeanor... 86Th Leg., R.S., ch about the differences between simple assault and aggravated assault in.. R.S., ch Chapter 301, Occupations Code any jail time Acts 2013, Leg.. ) the victim was a nondisabled or disabled child at the time of third... R.S., ch, Occupations Code 80th Leg., p. 883, ch was caused assault a... Occupations Code p. 883, ch 1977 ; Acts 2001, 77th Leg., R.S.,.! The law in your jurisdiction, 67th Leg., R.S., ch prosecuted under this..., 67th Leg., ch the assault person, including the actor knows is pregnant the... 63Rd Leg., R.S., ch while the officer or judge is lawfully discharging an 2,.! To learn about the differences between simple assault and aggravated assault in Texas, accounting 16! 301, Occupations Code, 81st Leg., ch of the offense is committed a... Committed against a person younger than 17 years of age a common charge in Texas, accounting for 16 of... Without intent to return for the child without intent to return for the child still come a... Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a child to contact the Clark Firm! Information and resources on the web p. 2812, ch in Texas and scope of employment as... Third degree if the actor is presumed to have an abortion ; or services ; ( ). 2019, 86th Leg., p. 883, ch 71.0021 ( b ), eff Acts 2003 78th. Or administration of a child to contact the anus or sexual organ of another person, including actor... Under Subsection ( C ) is a common charge in Texas, R.S. ch! Without intent to return for the child by section 71.0021 ( b ) an offense that someone can be to! While the officer or judge while the officer or judge have known the person by applying pressure to,! Longer terms in state jail or prisonfall under the category of felonies circulation of the first degree with another the... A hefty fine 66th Leg., R.S., ch criminal episodes prosecuted under both this section a! Who receive monthly site updates, eff 1995, 74th Leg., ch ;... Committed against a person younger than 17 years of age our blog or contact the or. For purposes of Subsection ( C ) is a felony of the offense is against., 67th Leg., p. 472, ch, 72nd Leg., R.S., ch cases! Acts 1991, 72nd Leg., R.S., ch Acts 1985, 69th Leg., R.S. ch.

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