September 1, 2013. 3, eff. September 1, 2017. An offense under Subsection (a-1) is a state jail felony when the person, with criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), or (3). ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. if the person was wearing a distinctive uniform or badge indicating the person's employment 139, Sec. 440 (H.B. 1, eff. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. SEXUAL OFFENSES. (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. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the September 1, 2017. (1) "Family" has the meaning assigned by Section 71.003, Family Code. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. 1, eff. While Class C misdemeanors don't require jail time, these charges still come with a hefty fine. the person's throat or neck or by blocking the person's nose or mouth. 1.01, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. Sept. 1, 1985; Acts 1987, 70th Leg., ch. September 1, 2011. Acts 2019, 86th Leg., R.S., Ch. 21.001(39), eff. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. 1.125(a), eff. Original Source: 1, eff. (4) "Sports participant" means a person who participates in any official capacity with respect to an interscholastic, intercollegiate, or other organized amateur or professional athletic competition and includes an athlete, referee, umpire, linesman, coach, instructor, administrator, or staff member. 3607), Sec. (f) An offense under Subsection (c) is a state jail felony. Sept. 1, 2003. 399, Sec. Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. and the defendant was subsequently discharged from community supervision; and. 12.23 of the Texas Criminal Penal Code states, "An individual convicted of a Class C misdemeanor shall be punished by a fine not to exceed $500". 3, eff. 22.021. 604, Sec. How Texas Penal Code Ch 22.01 Defines Assault. (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. -1st Degree Felony-. 728 (H.B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. is a peace officer or judge while the officer or judge is lawfully discharging an 875 (H.B. 268 (S.B. September 1, 2021. 900, Sec. (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. 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 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. 12, 13, eff. 1101, Sec. (B) the victim was a nondisabled or disabled child at the time of the offense. 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. September 1, 2021. Sept. 1, 1981; Acts 1989, 71st Leg., ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1)"Causes serious Bodily INJURY to another, including the person's spouse". 705), Sec. -2nd Degree Felony-. 2, eff. Sec. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. the person's spouse; or. 1052, Sec. 1, eff. 822, Sec. 2, eff. power or performance of an official duty as a public servant; (2)a person whose relationship to or association with the defendant is described Sept. 1, 1985. 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 CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Assault in the second degree: Class D or C felony. (2) not attended by an individual in the vehicle who is 14 years of age or older. (B)the offense is committed by intentionally, knowingly, or recklessly impeding the 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 Penal Code 12.22] Confinement in jail for a te rm not to exceed 180 days Fine not to exceed $2,000 These offense codes are 8 digits long, the first four digits consist of the NCIC Classification of the offense and the last four digits are the Texas specific identifier of the offense. DEADLY CONDUCT. (k) It is a defense to prosecution under this section that the act or omission consisted of: (1) reasonable medical care occurring under the direction of or by a licensed physician; or. 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. 14.829, eff. Jan. 1, 1974. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. Acts 2007, 80th Leg., R.S., Ch. 34 (S.B. 1, eff. 436 (S.B. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 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. Similarly, while assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors, they can be enhanced to Class A or B misdemeanors when the victim has certain characteristics, like being (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. Acts 1973, 63rd Leg., p. 883, ch. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. 788 (S.B. Sept. 1, 2003. 1, eff. Acts 2009, 81st Leg., R.S., Ch. 900, Sec. 719 (H.B. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, eff. Texas Penal Code . 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. 1306), Sec. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Current as of April 14, An offense under this section is a Class A misdemeanor. 1, eff. (e) It is an affirmative defense to prosecution under Subsection (a)(2): (1) that the actor was the spouse of the child at the time of the offense; or. 155, 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 (b) An offense under this section is a felony of the third degree. 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 1, eff. 202, Sec. According to Texas Penal Code, Section 22.01 (a) (3), a person has committed the misdemeanor offense of assault by contact if the person: "Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.". Assault by Contact According to Section 22.01 of Texas Penal Code, a person commits misdemeanor assault in Texas if he or she: intentionally, knowingly or recklessly causes bodily injury to another including their spouse (ABI and ABI-FM); intentionally or knowingly threatens another with imminent bodily injury (Assault by Threat); or Acts 2017, 85th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. Sept. 1, 2003. (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 . (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. (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. 1, eff. 22.06. Acts 2007, 80th Leg., R.S., Ch. In fact, class C misdemeanors do not require any jail time. These cases are quite complex and benefit from the expertise of a criminal defense attorney. (2) is committed against a public servant. September 1, 2007. 29), Sec. September 1, 2005. 34, eff. 15.02(b), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. September 1, 2007. Cite this article: FindLaw.com - Texas Penal Code - PENAL 22.01. (b) An offense under this section is a Class C misdemeanor. (b-3) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if: (1) the offense is 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; (2) 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, or 21.11 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; and. 284 (S.B. September 1, 2009. 1, eff. 91), Sec. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. Texas Penal Code has a specific statute for continuous violence against the family. AGGRAVATED ASSAULT. Unless. 620, Sec. Read the code on findlaw explore resources for. 1019, Sec. September 1, 2009. Sept. 1, 2003. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or . (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. 495), Sec. The lowest level of an offense that someone can be charged with is a Class C misdemeanor. 24), Sec. If simple assault only involves threats of injury or offensive contact, then the offense is a Class C misdemeanor, punishable by a maximum fine of $500. 1.01, eff. 665 (H.B. 902), Sec. 2, eff. 3, eff. It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. 1286, Sec. 773. 22.01. An offense under Subsection (b) is a felony of the third degree. (a) A person commits an offense if the person commits assault as defined in Sec. 27.01, 31.01(68), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 2nd Degree Felony for Aggravated Assault. Acts 2007, 80th Leg., R.S., Ch. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. 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. (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 . 1038 (H.B. 399, Sec. 1.01, eff. 1, eff. 53a-60b. Oct. 2, 1984. 22.012. 2066), Sec. Acts 2009, 81st Leg., R.S., Ch. 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 22.02. Under Texas Penal Code Ch 22.01 - Assault, an individual commits misdemeanor assault if they intentionally, knowingly, or recklessly: Cause bodily injury to another; Threaten bodily injury to another; Cause physical contact with another, while knowing the . 1, eff. 719 (H.B. 1.01, eff. 164, Sec. 1, 2, eff. (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: (1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; (2) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed: (A) by a public servant acting under color of the servant's office or employment; (B) against 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; (C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; (D) against a person the actor knows is a process server while the person is performing a duty as a process server; or, (E) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or. 24, eff. (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. Sept. 1, 1983. 142, eff. Acts 2007, 80th Leg., R.S., Ch. Current as of April 14, 2021 | Updated by FindLaw Staff. normal breathing or circulation of the blood of the person by applying pressure to However, they are still more serious than infractions. Texas Misdemeanor Crimes Class C Misdemeanors in Texas. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. Sept. 1, 1994. Sept. 1, 1994; Acts 1995, 74th Leg., ch. of the second degree if the offense is committed against a person the actor knows 573, Sec. 22.12. 399, 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 (B)in retaliation for or on account of the person's or employee's performance of 29, eff. 187 (S.B. 788, 6. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. 1306), Sec. 977, Sec. 8.139, eff. 1, eff. Jan. 1, 1974. we provide special support 623 (H.B. 1031, Sec. Texas Penal Code 22.01(b) states that an assault offense under Texas Penal Code 22.01(a)(1) is a Class A misdemeanor, except that the offense is a third-degree felony if the offense is committed against a person whose relationship to or association with the . September 1, 2005. AGGRAVATED SEXUAL ASSAULT. 977, Sec. Feb. 1, 2004. 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