873 (S.B. (A)an officer or employee of the Texas Civil Commitment Office: (i)while the officer or employee is lawfully discharging an official duty at a civil (m) It is an affirmative defense to prosecution under Subsections (a)(1), (2), and (3) for injury to a disabled individual that the person did not know and could not reasonably have known that the individual was a disabled individual, as defined by Subsection (c), at the time of the offense. -or-. Cookie Settings. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. 1, eff. intercollegiate, or other organized amateur or professional athletic competition and 4, eff. 18, Sec. (B)the offense is committed by intentionally, knowingly, or recklessly impeding the 446, Sec. (b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense 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 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; (2) 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: (A) 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, 21.11, or 25.11 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; or. September 1, 2021. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 00 all the way to decades in prison. Section 22.01 Assault, 2552), Sec. 5, eff. 165, Sec. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. increasing citizen access. (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. 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 900, Sec. 1259), Sec. 2, Sec. (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (2)a conviction under the laws of another state for an offense containing elements (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. What is the current Texas law about Assault? 7031 Koll Center Pkwy, Pleasanton, CA 94566. September 1, 2005. 665 (H.B. committed against a person whose relationship to or association with the defendant (e) An offense under this section is a felony of the first degree. Domestic assault is a Class A misdemeanor if the contact caused pain (such as a slap), left physical marks (such as cuts or bruises) or resulted in lasting . 1, eff. capacity as a sports participant; or, (B)in retaliation for or on account of the participant's performance of a duty or 1.01, eff. 6.05, eff. 29, eff. 8), Sec. An assault is legally defined as an offensive contact. 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 (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. 1, eff. September 1, 2017. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. Jan. 1, 1974. Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 79, Sec. (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. (b) An offense under this section is a felony of the second degree . Aggravated Assault: Explained. SEXUAL ASSAULT. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. 1.01, eff. Assault - last updated April 14, 2021 3019), Sec. September 1, 2021. 1, eff. 900, Sec. if the person was wearing a distinctive uniform or badge indicating the person's employment Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. Sept. 1, 1999; Acts 1999, 76th Leg., ch. (b)An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 294, Sec. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. 27.01, eff. 366, Sec. 1 (S.B. While Class C misdemeanors don't require jail time, these charges still come with a hefty fine. Sec. 2, eff. 939, Sec. 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 (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. Original Source: (8) a person the actor knows is pregnant at the time of the offense. 1, eff. (b) An offense under this section is a felony of the third degree. 8.139, eff. 1038 (H.B. 461 (H.B. 728 (H.B. 91), Sec. of the contract, if the actor knows the person or employee is authorized by the state https://texas.public.law/statutes/tex._penal_code_section_22.01. 1, 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. Acts 2005, 79th Leg., Ch. . 1306), Sec. September 1, 2019. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (i) It is an affirmative defense to prosecution under Subsection (b)(2) that before the offense the actor: (1) notified in person the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d), and notified in writing the parents or a person, other than the actor, acting in loco parentis to the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d); or. 6), Sec. Texas Penal Code - Penal 22.012 - Findlaw (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. Through social 1286), Sec. (b) An offense under this section is a Class C misdemeanor. Sec. 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). 2.017, eff. Acts 2005, 79th Leg., Ch. the person's spouse; or. 3, eff. 284(32), eff. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. Assault by contact is an assault where physical contact is involved. 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. (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. Acts 2007, 80th Leg., R.S., Ch. 643), Sec. 15.02(a), eff. 1306), Sec. September 1, 2007. 2.08, eff. 1.01, eff. 549), Sec. 142, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. by Section 71.0021(b), 71.003, or 71.005, Family Code; or. title 1. introductory provisions chapter 1. general provisions. 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. 623 (H.B. 12, eff. September 1, 2017. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. Acts 1973, 63rd Leg., p. 883, ch. Sec. September 1, 2017. 7, eff. 685 (H.B. 840 (H.B. Acts 2019, 86th Leg., R.S., Ch. that are substantially similar to the elements of an offense listed in those subsections 18, eff. 260 (H.B. 165, Sec. (l) It is an affirmative defense to prosecution under this section: (1) that the act or omission was based on treatment in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy; (2) for a person charged with an act of omission causing to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that: (A) there is no evidence that, on the date prior to the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. ASSAULT Sec. (4)Sports participant means a person who participates in any official capacity with respect to an interscholastic, 2908), Sec. of the contract, if the actor knows the person or employee is authorized by government 318, 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 September 1, 2019. to force the individual to have an abortion. 22.08. 282 (H.B. September 1, 2005. (a) A person commits an offense: (i) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or, (iii) 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. 436 (S.B. Amended by Acts 1985, 69th Leg., ch. 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