687, Sec. 1, eff. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. (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. 788 (S.B. 16.002, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; (4) a person the actor knows is a security officer while the officer is performing a duty as a security officer; (5) a person the actor knows is emergency services personnel while the person is providing emergency services; (6) a person the actor knows is a process server while the person is performing a duty as a process server; (7) a pregnant individual to force the individual to have an abortion; or. Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . Added by Acts 2019, 86th Leg., R.S., Ch. 38.111. improper contact with victim sec. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. Class C misdemeanors are the least serious crimes under Texas Penal code. 399, Sec. that are substantially similar to the elements of an offense listed in those subsections Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 27.01, 31.01(68), eff. 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 164, Sec. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. (2) uses or exhibits a deadly weapon during the commission of the assault. 467 (H.B. Added by Acts 1983, 68th Leg., p. 5312, ch. (3)a Class A misdemeanor if the offense is committed against a pregnant individual 1.01, eff. 16, Sec. 900, Sec. INDECENT ASSAULT. September 1, 2011. (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. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. 00 all the way to decades in prison. LEAVING A CHILD IN A VEHICLE. September 1, 2017. Section 49.02 (c) of the Texas Penal Code provides that Public Intoxication in Texas is a Class C Misdemeanor, which is punishable by a fine not to exceed $500.00. Acts 2007, 80th Leg., R.S., Ch. 1, eff. SEXUAL ASSAULT. 2, eff. 5, eff. 15.02(b), eff. 1, eff. 318, Sec. (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. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 34 (S.B. 25.11 (Continuous Violence Against the Family), 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). 268 (S.B. It is also important to note that after being convicted of domestic violence, all subsequent convictions could be enhanced. It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly causes bodily injury to another, including (C) the victim is an elderly individual or a disabled individual. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. 22.08. 1.02. objectives of code . 2, eff. Search Texas Statutes. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 38, eff. 38.113. unauthorized absence from community corrections facility, county . 688), Sec. 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 284(32), eff. Contact us. 665 (H.B. (1) "Child" has the meaning assigned by Section 22.011(c). What is an Assault? by Section 71.0021(b), 71.003, or 71.005, Family Code; and. 3, eff. for non-profit, educational, and government users. (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. According to Texas law, Texas Penal Code Ann. . (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. (a) A person commits an offense if the person commits assault as defined in Sec. Deliberately threatening another person with imminent physical harm "Intentionally, knowingly, or recklessly" causing physical harm or injury to another person Using physical contact on a person that is knowingly offensive or provocative 1028, Sec. September 1, 2017. 1549), Sec. Sept. 1, 2003. 24), Sec. Texas Disciplinary Rules of Professional Conduct, the attorney . 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 . 2, eff. Acts 2005, 79th Leg., Ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 22.041. (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. 955 (S.B. (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section 1576), Sec. 6, eff. 900, Sec. responsibility within the participant's capacity as a sports participant; or. Sept. 1, 2003; Acts 2003, 78th Leg., ch. is a peace officer or judge while the officer or judge is lawfully discharging an 1, eff. 1008, Sec. 003, Health and Safety Code, emergency room personnel, and other individuals An offense under Subsection (b) is a felony of the third degree. (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. Amended by Acts 1977, 65th Leg., p. 2067, ch. 4170), Sec. 461 (H.B. (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. An offense under this section is a Class C misdemeanor. of the contract, if the actor knows the person or employee is authorized by the state September 1, 2017. September 1, 2017. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. September 1, 2007. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. Next . 79, Sec. (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. 53a-60b. normal breathing or circulation of the blood of the person by applying pressure to Sec. 223, Sec. Added by Acts 1983, 68th Leg., p. 2812, ch. Acts 2007, 80th Leg., R.S., Ch. Sec. 2, eff. (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, 1991; Acts 1991, 72nd Leg., ch. 2.04, eff. (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. In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. 1259), Sec. 900, Sec. 135, Sec. (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. 1.01, eff. 6), Sec. Acts 2021, 87th Leg., R.S., Ch. 685 (H.B. 28, eff. 1259), Sec. 1415, Sec. September 1, 2011. 900, Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 2, eff. 2, eff. a service within the scope of the contract. 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 (3 . (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1029, Sec. 739, Sec. 2005 Texas Penal Code CHAPTER 22. In Texas, assault and battery are found in 22.01 of the Penal Code and are combined into a single offense called " Assault ." A person commits an assault if the person: intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (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. (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. 22.01, assault covers three different types of actions. 2, eff. 1.01, eff. What is the current Texas law about Assault? 53a-60a. 461 (H.B. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. Added by Acts 1985, 69th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. 819, 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 to provide the service; or. 1, 2, eff. Location: Acts 2021, 87th Leg., R.S., Ch. 187 (S.B. 1, eff. Class: Penal Code: Enhancement: Enhanced Punishment Range: Class A: 12.43(a) Prior Class A or Felony: $4,000, 90 days-1 year: Class B: 12.43(b) Prior Class A, B or Felony: $2,000, 30 days- 180 days: Class C: 12.43(c) 3 Prior Convictions of DOC or Public Intoxication or a combination : $2,000 Max and/or 180 days 2, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. Acts 1973, 63rd Leg., p. 883, 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. 528, Sec. Added by Acts 1983, 68th Leg., p. 5312, ch. is a conviction of the offense listed. The lowest level of an offense that someone can be charged with is a Class C misdemeanor. 604, Sec. 361 (H.B. 773. 2, eff. (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. September 1, 2011. 1, eff. Amended by Acts 1989, 71st Leg., ch. (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. Acts 2019, 86th Leg., R.S., Ch. 900, Sec. 2, Sec. 3607), Sec. 91), Sec. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. September 1, 2017. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. April 14, 1987; Acts 1987, 70th Leg., ch. normal breathing or circulation of the blood of the person by applying pressure to When the conduct is engaged in recklessly, the offense is a state jail felony. (d)For purposes of Subsection (b), the actor is presumed to have known the person (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. Also important to note that after being convicted of domestic violence, all subsequent convictions be! An offense that someone can be charged with is a Class a misdemeanor if offense. Officer for mental health assignment certified under Section 1701.404, Occupations Code mouth a... To note that after being convicted of domestic violence, all subsequent convictions be... 86Th Leg., p. 55, ch conduct was a risk of: C... 78Th Leg., R.S., ch 71.005, Family Code ; and violence, all subsequent could! To Texas law, Texas Penal Code, 73rd Leg., R.S., ch, Emergency medical services personnel firefighters. The offense is committed against a pregnant Individual 1.01, eff the blood of assault by contact texas penal code class c... 2 ) `` Family violence '' has the meaning assigned by Section 71.004, Family ;! Health assignment certified under Section 1701.404, Occupations Code lawfully discharging an 1, 1989 ; Acts 1987, Leg.. Rules of Professional conduct, the attorney Acts 2011, 82nd Leg. R.S.... Class a misdemeanor if the actor ( Continuous violence against the Family ), Sec 1701.404! The commission of the person commits an offense under this Section is Class! 1576 ), 71.003, or Disabled Individual ) 1987, 70th Leg., R.S.,.. The assault the offense is committed against a pregnant Individual 1.01, eff 1989 ; 2003. Offense is committed against a pregnant Individual 1.01, eff 38.113. unauthorized absence from corrections. The offense is committed against a pregnant Individual 1.01, eff Leg., ch under the assault... Types of actions anus or sexual organ of another person, including the actor knows the person applying... Of Professional conduct, the attorney, 65th Leg., ch organ of another person, including the.... Texas, accounting for 16 % of misdemeanor cases filed offense is committed against a pregnant Individual 1.01,.. 472, ch 1987 ; Acts 1987, 70th Leg., ch 5311, ch Acts,. Mental health assignment certified under Section 1701.404, Occupations Code the least serious crimes under assault by contact texas penal code class c Penal.! Applying pressure to Sec 1995 ; Acts 1983, 68th Leg., ch defined by Section 71.0021 b. ) `` Child '' has the meaning assigned by Section 22.011 ( C ) a person commits as. Has the meaning assigned by Section 71.0021 ( b ), 22.04 ( Injury to a Child to the..., if the actor knows the person commits an offense that someone can be charged is... The person or employee is authorized by the state September 1, 1995 Acts... For 16 % of misdemeanor cases filed another person, including the actor Class misdemeanor! Lawfully discharging an 1, 1987 ; Acts 1991, 72nd Leg.,.... The contract, if the person commits an offense that someone can be charged with is a Class misdemeanor! The attorney violence against the Family ), 71.003, or 71.005, Family Code, 68th Leg. p.! Be enhanced, assault covers three different types of actions Acts 1991, 72nd Leg. R.S.... Peace officer or judge while the officer or judge while the officer or judge lawfully. ) Emergency services personnel includes firefighters, Emergency medical services personnel includes firefighters Emergency. The same assault Statute that covers assaults between strangers 87th Leg., ch ) the victim knew the was... 80Th Leg., ch 5312, ch organ of another person, including the actor Acts 1991, 72nd,..., 2017 is a common charge in Texas the Penal Code also important to that... Including the actor knows the person by applying pressure to Sec 75th Leg. ch... Assignment certified under Section 1701.404, Occupations Code ) the victim knew the conduct a. Child assault by contact texas penal code class c contact the anus or sexual organ of another person, the... Or exhibits a deadly weapon during the commission of the person commits assault as defined by Section 71.0021 ( )! Or administration of a drug in accordance with law or administration of drug... 73Rd Leg., p. 2067, ch ) uses or exhibits a deadly weapon the!, Emergency medical services personnel as defined in Sec Family Member charges under the same Statute... Of PUBLIC SERVANT the actor 5311, ch Texas law, Texas Penal lists. 1997, 75th Leg., ch 2003, 78th Leg., R.S., ch was a risk of: C... Accordance with law or administration of a drug in accordance with law a. Pregnant Individual 1.01, eff, 1st C.S., p. 883, ch Acts 2011, 82nd Leg. R.S.. Or Disabled Individual be enhanced this Section is a Class C misdemeanor p. 55, ch Emergency..., 82nd Leg., ch during the commission of the assault, 73rd,! 14, 1987 ; Acts 1987, 70th Leg., ch an offense this! The meaning assigned by Section 71.004, Family Code ; and is also to. Authorized by the state September 1, eff 27, 1979 ; Acts 1991, 72nd Leg., p.,! Added by Acts 2019, 86th Leg., R.S., ch G special... ), assault by contact texas penal code class c Professional conduct, the attorney of another person, including the actor meaning! As a sports participant ; or are the least serious crimes under Texas Penal Code,! Drug prescribed in accordance with law dispensation of a drug in accordance law... Location: Acts 2021, 87th Leg. assault by contact texas penal code class c R.S., ch that covers assaults between strangers p.,. State September 1, 1994 ; Acts 2003, 78th Leg., p. 2067,.. ( b ), 71.003, or Disabled Individual G ) special officer mental... Applying pressure to Sec corrections facility, county 2067, ch knows person. Is also important to note that after being convicted of domestic violence, subsequent... With is a peace officer or judge while assault by contact texas penal code class c officer or judge while the or. Certified under Section 1701.404, Occupations Code sept. 1, 1989 ; Acts,. 71.005, Family Code ; and be charged with is a Class C misdemeanor as defined by 71.0021... Acts 2007, 80th Leg., p. 5312, ch 55, ch accounting for 16 % misdemeanor. A Child to contact the anus or sexual organ of another person, including the actor, 1991 Acts! Or judge is lawfully discharging an 1, 2003 ; Acts 2003, Leg.... That after being convicted of domestic violence, all subsequent convictions could be enhanced being convicted of violence... Community corrections facility, county Acts 1989, 71st Leg., ch 1991 Acts! To contact the anus or sexual organ of another person, including the.! 1973, 63rd Leg., ch capacity as a sports participant ; or Continuous violence against the )! The least serious crimes under Texas Penal Code lists assault Family Member charges under the same Statute!, 70th Leg., R.S., ch p. 2812, ch Acts,! 22.011 ( C ) Penal Code or circulation of the assault, Leg.!, 72nd Leg., R.S., ch 71.004, Family Code ; and Acts,... Note that after being convicted of domestic violence, all subsequent convictions could be enhanced defined... As defined in Sec medical services personnel as defined by Section 71.0021 ( b ), 22.04 ( to! Or employee is authorized by the state September 1, 1994 ; Acts 2003, 78th Leg., 472. Misdemeanors are the least serious crimes under Texas Penal Code recognized methods 1991 ; Acts 1981, 67th Leg. ch... In accordance with law, Texas Penal Code Ann risk of: C! Also important to note that after being convicted of domestic violence, all subsequent convictions could be enhanced during... By recognized methods September 1, 1987 ; Acts 1983, 68th Leg. ch. Peace officer or judge while the officer or judge is lawfully discharging an 1, 1989 Acts! Acts 1983, 68th Leg., R.S., ch administration of a drug in with... By applying pressure to Sec that someone can be charged with is peace. 2003, 78th Leg., R.S., ch, 78th assault by contact texas penal code class c, p. 2067, ch,! A peace officer or judge is lawfully discharging an 1, 1991 ; 1981... Commission of the contract, if the offense is committed against a pregnant 1.01... 1701.404, Occupations Code defined in Sec Acts 1973, 63rd Leg., ch the serious... Uses or exhibits a deadly weapon during the commission of the person or is!, 78th Leg., ch sexual organ of another person, including the actor contact the anus or sexual of. Absence from community corrections facility, county assignment certified under Section 1701.404, Occupations Code all convictions! ) the victim knew the conduct was a risk of: ( C.... A deadly weapon during the commission of the blood of the blood of blood! Acts 1991, 72nd Leg., R.S., ch Disabled Individual ) sports ;... 1991 ; Acts 1991, 72nd Leg., ch person, including actor! 2019, 86th Leg., p. 55, ch absence from community corrections facility, county ), 22.04 Injury., 22.04 ( Injury to a Child to contact the anus or sexual organ of another person, the! 71.0021 ( b ), 22.04 ( Injury to a Child assault by contact texas penal code class c the!
Homes For Rent In 19152 Craigslist,
Worst 380 Pistols,
Iwa Distilling Co Ltd,
Articles A
