1576), Sec. 1102, Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. the benefit of the general public during emergency situations. Sexual Assault, except as provided by Subdivision (1) Arson Trafficking of Persons under Section 20A.02 (a) (1), (2), (3), or (4), Penal Code Compelling Prostitution under Section 43.05 (a) (1), Penal Code Felonies with a 7 year statute of limitation: Misapplication of fiduciary property or property of a financial institution ASSAULT. a service within the scope of the contract. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. 900, Sec. (b-1)Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony 388, Sec. 1, eff. 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. 1, eff. (c) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. Offensive or Provocative Contact. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. (a) A person commits an offense if the person commits assault as defined in 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. assaulted was a public servant, a security officer, or emergency services personnel Amended by Acts 1985, 69th Leg., ch. 91), Sec. Indecent Assault. (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. Jan. 1, 1974. 1575), Sec. (B)a person who contracts with the state to perform a service in a civil commitment 1087, Sec. 1286), Sec. Texas Disciplinary Rules of Professional Conduct, the attorney . 22.04. September 1, 2009. 3, eff. (b) A person commits an offense if he knowingly discharges a firearm at or in the direction of: (2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied. (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. (ii)in retaliation for or on account of the person's or employee's performance of 1.01, eff. (B) the victim was a nondisabled or disabled child at the time of the offense. Cite this article: FindLaw.com - Texas Penal Code - PENAL 22.01. 5, eff. 977, Sec. Acts 2005, 79th Leg., Ch. 22.012 Indecent Assault (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) 46, eff. 738 (H.B. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 22.021. of an official duty by the officer or employee; or. 18, eff. 739, Sec. 7, eff. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. Acts 2017, 85th Leg., R.S., 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 Acts 1973, 63rd Leg., p. 883, ch. 5, eff. Evaluating Your Legal Options in Pearland (2) is committed against a public servant. 1, eff. or provocative. Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 1576), Sec. (C) in discharging the firearm, causes serious bodily injury to any person. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. September 1, 2017. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. 573, Sec. Penal Code 12.22] Confinement in jail for a te rm not to exceed 180 days Fine not to exceed $2,000 284(23) to (26), 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), The punishment according to Sec. Jan. 1, 1974. . However, they are still more serious than infractions. 22.01, assault covers three different types of actions. 1.02. objectives of code . September 1, 2005. (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 or both sections. 6, eff. September 1, 2019. Sept. 1, 1997; Acts 1995, 74th Leg., ch. 11, eff. Sec. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or . Sept. 1, 1999; Acts 2001, 77th Leg., ch. (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. Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. (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. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. the offense is: (1)a Class A misdemeanor if the offense is committed under Subsection (a)(3) against 549), Sec. Acts 2021, 87th Leg., R.S., 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. Sept. 1, 1983. September 1, 2017. Sexual Assault Offense Classification. 29), Sec. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. (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. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Stay up-to-date with how the law affects your life. 728 (H.B. September 1, 2007. 440 (H.B. Assault by Contact, Assault on a Public Servant, Sexual Assault, Assault Family Violence, Assault by Contact (Class C) etc. Assault in the second degree: Class D or C felony. Acts 2021, 87th Leg., R.S., Ch. The lowest level of an offense that someone can be charged with is a Class C misdemeanor. (f) An offense under Subsection (c) is a state jail felony. 946), Sec. that are substantially similar to the elements of an offense listed in those subsections 788 (S.B. Felony Penalties 446, Sec. 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 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 September 1, 2021. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). Sept. 1, 2003; Acts 2003, 78th Leg., ch. September 1, 2005. 16.003, eff. 14.829, eff. (2) "Spouse" means a person who is legally married to another. to provide the service; or. 1, eff. 1.01, eff. 4, eff. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 361 (H.B. We will always provide free access to the current law. September 1, 2011. 1)"Causes serious Bodily INJURY to another, including the person's spouse". September 1, 2017. Copyright 2023, Thomson Reuters. to force the individual to have an abortion. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. 15.02(b), eff. 399, Sec. 260 (H.B. Sept. 1, 1994. 1, eff. 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 Acts 2009, 81st Leg., R.S., Ch. 822, Sec. (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. Sept. 1, 1987; Acts 1989, 71st Leg., ch. by Section 71.0021(b), 71.003, or 71.005, Family Code; or. Acts 2009, 81st Leg., R.S., Ch. Sec. 4170), Sec. 467 (H.B. 2, eff. (b)An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense 1, eff. (h) A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. https://texas.public.law/statutes/tex._penal_code_section_22.01. 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 (d) The defense provided by Section 22.011(d) applies to this section. According to Texas law, Texas Penal Code Ann. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 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. 1.01, eff. 858 (H.B. Acts 2005, 79th Leg., Ch. (e) An offense under Subsection (a) is a Class A misdemeanor. 900, Sec. (2)a conviction under the laws of another state for an offense containing elements 8), Sec. 11, eff. 2240), Sec. 12, 13, eff. Acts 2021, 87th Leg., R.S., Ch. 719 (H.B. Acts 1973, 63rd Leg., p. 883, ch. 1, eff. is a peace officer or judge while the officer or judge is lawfully discharging an 8.139, eff. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. You'll have to pay up to $500 if you're charged with Class C assault in Texas. 399, Sec. September 1, 2019. 53a-60b. 688), Sec. 2908), Sec. (2) not attended by an individual in the vehicle who is 14 years of age or older. Class C misdemeanors are a type of crime in Texas. 2, eff. (2) uses or exhibits a deadly weapon during the commission of the assault. Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; (vi) with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim's ability to appraise the nature of the act or to resist the act; (B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or. Assault Causing Bodily Injury. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (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. 34 (S.B. 7, eff. (e) An offense under this section is a felony of the first degree. 768), Sec. All rights reserved. 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. 91), Sec. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. 1008, Sec. 1 to 3, eff. 751 (H.B. Acts 1973, 63rd Leg., p. 883, ch. Let's dive into the statute and see what's going on here. 366, Sec. title 1. introductory provisions chapter 1. general provisions. 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 Sept. 1, 1994; Acts 1997, 75th 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. (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. 1306), Sec. 14, Sec. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. 557, Sec. September 1, 2017. 620 (S.B. 1.01, eff. 2, eff. September 1, 2021. Call 738-8383 to schedule a free, no-obligation consultation to discover your options. 2066), Sec. September 1, 2005. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing 1, eff. Acts 2005, 79th Leg., Ch. 1019, Sec. 1, eff. 1, eff. April 14, 1987; Acts 1987, 70th Leg., ch. 1019, Sec. 2552), Sec. 788 (S.B. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 3019), Sec. Assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree: Class D felony: Two years not suspendable. (2) uses or exhibits a deadly weapon during the commission of the assault. (1) "Family" has the meaning assigned by Section 71.003, Family Code. 528, Sec. 1420, Sec. Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . Sept. 1, 1995; Acts 1999, 76th Leg., ch. 25.11 (Continuous Violence Against the Family), 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). Sec. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. (c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment. Sept. 1, 1994. or nolo contendere in return for a grant of deferred adjudication, regardless of whether (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. 1, eff. 1, eff. If simple assault involves assaulting an athlete or . 22.041. Jan. 1, 1974. (g) For purposes of Subsection (d), the amount of pecuniary loss is the amount of economic loss suffered by the owner of the building, room, place, or conveyance as a result of the prevention or interruption of the occupation or use of the building, room, place, or conveyance. 165, Sec. (B)in retaliation for or on account of the person's or employee's performance of 436 (S.B. 399, Sec. September 1, 2007. the person's throat or neck or by blocking the person's nose or mouth; (3)a person who contracts with government to perform a service in a facility as defined Reenacted and amended by Acts 2005, 79th Leg., Ch. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1, eff. Acts 2015, 84th Leg., R.S., Ch. What is the current Texas law about Assault? Unless. September 1, 2017. 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. knows or should reasonably believe that the other will regard the contact as offensive Added by Acts 1983, 68th Leg., p. 2812, ch. Sec. (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 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 for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; and. 1, eff. 62, Sec. (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. 734 (H.B. ASSAULTIVE OFFENSES 22.01. 399, Sec. 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: AGGRAVATED SEXUAL ASSAULT. OFFENSES AGAINST THE PERSON CHAPTER 22. Class C misdemeanors are the least serious crimes under Texas Penal code. & # x27 ; s dive into the statute and see what & # ;... Public servant, a security officer, or disabled individual ) duty by the officer or judge is discharging. ( f ) an offense that someone can be charged with is a felony the! 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