Sept. 1, 1994. 22.12. Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; (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. 1, 2, eff. 1008, Sec. September 1, 2009. (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. texas penal code. (1) "Child" means a person younger than 17 years of age. 1, eff. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 46, eff. Call 738-8383 to schedule a free, no-obligation consultation to discover your options. 819, Sec. 1.01, eff. sec. . (last accessed Jun. Sec. September 1, 2019. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (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. A charge of assault can become a crime depending on the type of person being attacked or the type of attack. Sept. 1, 1985. The lowest level of an offense that someone can be charged with is a Class C misdemeanor. 440 (H.B. Sec. (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. 1.01, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 16, Sec. 399, Sec. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. 53a-60. 22.02. 955 (S.B. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 903, Sec. (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. 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; In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. Acts 2017, 85th Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. 361 (H.B. normal breathing or circulation of the blood of the person by applying pressure to 659, Sec. Acts 2019, 86th Leg., R.S., Ch. 7031 Koll Center Pkwy, Pleasanton, CA 94566. 543 (H.B. (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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (b-1) Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony of the third degree if the offense is committed: (1) while the actor is committed to a civil commitment facility; and. September 1, 2011. 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 1, eff. September 1, 2019. Sec. 1, eff. September 1, 2017. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. official duty or in retaliation or on account of an exercise of official power or Acts 2005, 79th Leg., Ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (d) For purposes of an omission that causes a condition described by Subsection (a)(1), (2), or (3), the actor has assumed care, custody, or control if the actor has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that the actor has accepted responsibility for protection, food, shelter, or medical care for a child, elderly individual, or disabled individual. 22.011. 719 (H.B. 1101, Sec. Here is what a prosecutor has to prove in an Assault Family Member case: The identity of the accused citizen intentionally, knowingly, or recklessly caused offensive contact to the alleged complainant 2589), Sec. 1, eff. The degree and severity of Texas assault charges depend on the offender's mental state, the extent of the injury, and certain characteristics of the alleged . 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 873 (S.B. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 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 878, Sec. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. (B)a person who contracts with the state to perform a service in a civil commitment 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: 12.23. class c misdemeanor . 2, eff. Amended by Acts 1979, 66th Leg., p. 1114, ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (3) "Health care services provider" means: (A) a physician licensed under Subtitle B, Title 3, Occupations Code; (B) a chiropractor licensed under Chapter 201, Occupations Code; (C) a physical therapist licensed under Chapter 453, Occupations Code; (D) a physician assistant licensed under Chapter 204, Occupations Code; or. Sec. 1, eff. (c-1) Notwithstanding Subsection (c)(2), an offense under Subsection (a)(2) is a state jail felony if the offense is committed against a person the actor knows is a peace officer or judge. 461 (H.B. Sept. 1, 1987; Acts 1989, 71st Leg., ch. of the second degree if: (1)the offense is committed against a person whose relationship to or association (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. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. (b) An offense under this section is a felony of the third degree. the benefit of the general public during emergency situations. 34, eff. Added by Acts 1983, 68th Leg., p. 5312, ch. September 1, 2005. 6, eff. 3, eff. 5, eff. the offense is: (1)a Class A misdemeanor if the offense is committed under Subsection (a)(3) against September 1, 2015. 1354), Sec. They are the least severe type of misdemeanor. 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, 2011. PENAL CODE. 900, Sec. Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . September 1, 2019. Sept. 1, 1983. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. (3)a Class A misdemeanor if the offense is committed against a pregnant individual 875 (H.B. Acts 2009, 81st Leg., R.S., Ch. 549), Sec. Sexual Assault Offense Classification. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 22.07. 1306), Sec. How Texas Penal Code Ch 22.01 Defines Assault. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. Sept. 1, 1997; Acts 1999, 76th Leg., ch. September 1, 2007. by Section 71.0021(b), 71.003, or 71.005, Family Code; and. 1, eff. (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. 18, eff. 318, Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 28, eff. (d) The defense provided by Section 22.011(d) applies to this section. (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 September 1, 2009. 2, eff. 1, eff. September 1, 2015. September 1, 2007. (2) uses or exhibits a deadly weapon during the commission of the assault. 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. 573, Sec. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. a service within the scope of the contract; (4)a person the actor knows is a security officer while the officer is performing 593 (H.B. 1576), Sec. (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. The texas penal code defines an aggravated assault charge as an assault using or threatening to use a deadly weapon. to force the individual to have an abortion. 22.01. Join thousands of people who receive monthly site updates. (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. A person convicted of a Class C misdemeanor in Texas can expect the following penalties: Fines up to $500. September 1, 2017. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. 1, eff. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. TITLE 5. Amended by Acts 1987, 70th Leg., ch. 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 (2) "Spouse" means a person who is legally married to another. 1, eff. 900, Sec. Acts 2017, 85th Leg., R.S., Ch. 1286, Sec. 530, Sec. 6), Sec. Acts 2015, 84th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 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