896, Sec. Class C Misdemeanors Are Minor Crimes. 1, eff. (2) a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense listed in those subsections is a conviction of the offense listed. Acts 2015, 84th Leg., R.S., Ch. 2018), Sec. 495), Sec. Texas Penal Code - PENAL 22.012. 1 to 3, eff. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 1, eff. 1028, Sec. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. 282 (H.B. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 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. (4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a: (A) licensed social worker as defined by Section 505.002, Occupations Code; (B) chemical dependency counselor as defined by Section 504.001, Occupations Code; (C) licensed professional counselor as defined by Section 503.002, Occupations Code; (D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code; (F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or. of the second degree if the offense is committed against a person the actor knows Class C misdemeanors are a type of crime in Texas. Acts 2005, 79th Leg., Ch. September 1, 2005. 840 (H.B. It is also important to note that after being convicted of domestic violence, all subsequent convictions could be enhanced. 2066), Sec. 1, eff. How Texas Penal Code Ch 22.01 Defines Assault. 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 15.02(b), eff. 4170), Sec. (2) not attended by an individual in the vehicle who is 14 years of age or older. These cases are quite complex and benefit from the expertise of a criminal defense attorney. 318, Sec. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. title 1. introductory provisions chapter 1. general provisions. Sept. 1, 2003; Acts 2003, 78th Leg., ch. You'll have to pay up to $500 if you're charged with Class C assault in Texas. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. September 1, 2017. 2018), Sec. Evaluating Your Legal Options in Pearland Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1 to 3, eff. 791, Sec. 620 (S.B. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Section 22.01 Assault, 819, Sec. 1, eff. (8) a person the actor knows is pregnant at the time of the offense. responsibility within the participant's capacity as a sports participant; or. normal breathing or circulation of the blood of the person by applying pressure to Sept. 1, 2003; Acts 2003, 78th Leg., ch. Feb. 1, 2004. Sept. 1, 1994; Acts 2003, 78th Leg., ch. There is no bail bond amount in this case, and the defendant is released to appear for a court date. (b-2)Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony Often, verbal threats are made in response to a challenging or tense situation, and the person making them may not mean what they say. 1, eff. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. 91), 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. 38, eff. Cookie Settings. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Texas Penal Code has a specific statute for continuous violence against the family. September 1, 2021. 1576), Sec. 528, Sec. 903, Sec. September 1, 2019. (d)For purposes of Subsection (b), the actor is presumed to have known the person (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. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. PENAL CODE. (f) An offense under Subsection (a)(3) or (a-1)(3) is a felony of the third degree when the conduct is committed intentionally or knowingly, except that an offense under Subsection (a)(3) is a felony of the second degree when the conduct is committed intentionally or knowingly and the victim is a disabled individual residing in a center, as defined by Section 555.001, Health and Safety Code, or in a facility licensed under Chapter 252, Health and Safety Code, and the actor is an employee of the center or facility whose employment involved providing direct care for the victim. 399, Sec. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 399, Sec. Criminal bodily harm includes injuries sustained by a . Class C misdemeanor Punishment is up to $500 fine only; Prosecuted either in municipal court or the Justice of the Peace. (a) A person commits an offense if the person commits assault as defined in Sec. 977, Sec. September 1, 2017. 34 (S.B. 788 (S.B. ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. 4, eff. Next . Copyright 2023, Thomson Reuters. 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. Sept. 1, 1997; 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. 10, eff. 900, Sec. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. Acts 2021, 87th Leg., R.S., Ch. According to Texas law, Texas Penal Code Ann. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1, eff. (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. (g)If conduct constituting an offense under this section also constitutes an offense the benefit of the general public during emergency situations. Sept. 1, 2003. 1, eff. (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. Penal Code 12.22] Confinement in jail for a te rm not to exceed 180 days Fine not to exceed $2,000 September 1, 2021. (i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode; (ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person; (iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person; (iv) uses or exhibits a deadly weapon in the course of the same criminal episode; (v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or. 549), Sec. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Added by Acts 1983, 68th Leg., p. 5312, ch. 655, Sec. Acts 2005, 79th Leg., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. ASSAULT. (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. September 1, 2013. 165, Sec. (b)An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense or both sections. Continuous Violence Against the Family is a Third-Degree Felony. Sec. 24), Sec. 593 (H.B. is a conviction of the offense listed. 1, eff. Aggravated Assault: Explained. While jail time is not an option, you could still be left on file with a conviction for assault. or provocative. Sec. 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 . Acts 2015, 84th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Sec. 7, eff. 1.01, eff. Acts 2017, 85th Leg., R.S., Ch. ASSAULT Sec. 6, eff. If simple assault involves assaulting an athlete or . Acts 2011, 82nd Leg., R.S., Ch. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. 1, 2, 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. 12, 13, eff. 875 (H.B. . Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. September 1, 2005. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. September 1, 2005. 461 (H.B. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. Sec. Through social September 1, 2021. 388, Sec. 22.06. 27.01, eff. 1306), Sec. 2, eff. 1, eff. (d) Except as provided by Subsection (e), an offense under Subsection (b) is: (1) a state jail felony if the actor abandoned the child with intent to return for the child; or. 2589), Sec. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1306), Sec. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 2001. 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. 1576), Sec. ABANDONING OR ENDANGERING CHILD. 24, Sec. Acts 2009, 81st Leg., R.S., Ch. 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. 900, Sec. (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. 91), Sec. Acts 2017, 85th Leg., R.S., Ch. entrepreneurship, were lowering the cost of legal services and 643), Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (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. 22.01, assault covers three different types of actions. (e) For purposes of Subsection (a)(3), the actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant. The punishment according to Sec. Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. (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. 427 (H.B. Sept. 1, 1997; Acts 1995, 74th Leg., ch. (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. All rights reserved. 2908), Sec. April 14, 1987; Acts 1987, 70th Leg., ch. 22.041. Sept. 1, 1995; Acts 1997, 75th Leg., ch. ASSAULTIVE OFFENSES PENAL CODE TITLE 5. For Class A assaultive offenses, the charges must be brought within this time period; if they are brought after the statute of limitations has expired, the defense may file a pretrial motion to dismiss the charges as directed under Title 1, Article 27.08 of the Texas Code of Criminal Procedure. 1, eff. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. (B)in retaliation for or on account of the person's or employee's performance of September 1, 2021. 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. September 1, 2007. (3) "Household" has the meaning assigned by Section 71.005, Family Code. (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. Acts 2007, 80th Leg., R.S., Ch. (b-1)Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony 1, eff. (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. Acts 2019, 86th Leg., R.S., Ch. 1.01, eff. (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. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. 399, Sec. 1, 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 September 1, 2005. 2240), Sec. 497, Sec. Jan. 1, 1974. 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 335, Sec. 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; Original Source: 33, eff. When the conduct is engaged in recklessly, the offense is a felony of the second degree. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 2, eff. (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. 91), Sec. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope Sept. 1, 1997; Acts 1999, 76th Leg., ch. 530, Sec. 1087, Sec. Acts 2009, 81st Leg., R.S., Ch. of the contract, if the actor knows the person or employee is authorized by government What is the current Texas law about Assault? Domestic assault is a Class C misdemeanor if the victim suffered no physical pain or lasting harm. Added by Acts 1985, 69th Leg., ch. (b) An offense under this section is a Class C misdemeanor. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. Sec. 18, eff. 22.01. September 1, 2017. September 1, 2015. 573, Sec. DEFINITIONS. 2, eff. 22.02. (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. 1038 (H.B. 436 (S.B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. September 1, 2015. 29), Sec. Sept. 1, 2003. 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. 2nd Degree Felony for Aggravated Assault. 2908), Sec. (f) An offense under Subsection (c) is a state jail felony. 728 (H.B. commitment facility; or, (ii)in retaliation for or on account of an exercise of official power or performance Acts 2021, 87th Leg., R.S., Ch. a service within the scope of the contract; (4)a person the actor knows is a security officer while the officer is performing 62, Sec. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. September 1, 2019. Texas Penal Code . 900, Sec. 184), Sec. 22.012. 440 (H.B. 38.111. improper contact with victim sec. Sec. 688), Sec. An assault is legally defined as an offensive contact. (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. 2, eff. September 1, 2021. Acts 1973, 63rd Leg., p. 883, ch. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. 955 (S.B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1006, Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Reenacted and amended by Acts 2005, 79th Leg., Ch. 284 (S.B. (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). In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. (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. Benefit of the person 's spouse ; or 63rd Leg., p. 1521, ch could still left! The current Texas law about assault to return for the child without intent to for. Was a risk of: ( 1 ) `` Process server '' has the meaning assigned Section! 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