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 . Added by Acts 1983, 68th Leg., p. 5312, ch. Acts 2019, 86th Leg., R.S., Ch. 1, eff. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (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. (B)in retaliation for or on account of the person's or employee's performance of Acts 2017, 85th Leg., R.S., Ch. 164, Sec. 202, Sec. 446, Sec. 728 (H.B. 896, Sec. (d)For purposes of Subsection (b), the actor is presumed to have known the person 788, 6. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. -1st Degree Felony-. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. September 1, 2015. (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. (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. 1, eff. Indecent Assault. 34 (S.B. of the second degree if the offense is committed against a person the actor knows Sexual Assault Offense Classification. the person's throat or neck or by blocking the person's nose or mouth. 1, eff. (c) Section 25.07(a), Penal Code, is amended to read as follows: (a) A person commits an offense if, in violation of a . 12, 13, eff. Acts 2015, 84th Leg., R.S., Ch. 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. When the conduct is engaged in recklessly, the offense is a felony of the second degree. (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. (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 Penal Code 12.21] Class A Misdemeanor [T Confinement in jail for a te rm not to exceed one year Fine not to exceed $4,000 Both such fine and confinement Class B Misdemeanor [Tex. 1549), Sec. 620, Sec. Sept. 1, 1994. (3)intentionally or knowingly causes physical contact with another when the person (e) An offense under Subsection (a) is a Class A misdemeanor. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1415, Sec. Assault in the second degree: Class D or C felony. 284(23) to (26), eff. Texas Penal Code Section 22.01 defines assault as follows: A person commits an offense if the person: intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or (e) An offense under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the first degree when the conduct is committed intentionally or knowingly. 902), Sec. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1, eff. (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. Acts 2019, 86th 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. AGGRAVATED ASSAULT. Acts 2017, 85th Leg., R.S., Ch. 3, eff. ASSAULT. for non-profit, educational, and government users. Sept. 1, 1983. 1, eff. 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 . and the defendant was subsequently discharged from community supervision; and. 687, Sec. 1, eff. 2, eff. September 1, 2017. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. Prev. 22.01 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) Sept. 1, 1985. 623 (H.B. (4)Sports participant means a person who participates in any official capacity with respect to an interscholastic, June 11, 2009. (2) "Spouse" means a person who is legally married to another. 142, eff. 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 719 (H.B. Assault by Contact, Assault on a Public Servant, Sexual Assault, Assault Family Violence, Assault by Contact (Class C) etc. 497, Sec. Acts 2021, 87th Leg., R.S., Ch. 1, eff. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. September 1, 2019. 33, eff. An offense under Subsection (c) is a felony of the third degree. Sec. Community service. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Acts 2009, 81st Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2017. (2)a conviction under the laws of another state for an offense containing elements September 1, 2021. Texas Penal Code has a specific statute for continuous violence against the family. September 1, 2009. (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. 7, eff. the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including In addition, 688), Sec. 604, Sec. 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. Sec. Acts 1973, 63rd Leg., p. 883, ch. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently. A charge of assault can become a crime depending on the type of person being attacked or the type of attack. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Feb. 1, 2004. 260 (H.B. Acts 2017, 85th Leg., R.S., Ch. Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 53a-60b. 91), Sec. 91), Sec. Offensive or Provocative Contact. September 1, 2005. 38.111. improper contact with victim sec. ASSAULTIVE OFFENSES 22.01. September 1, 2005. 949 (H.B. 528, Sec. 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 or both sections. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. 2)"use or exhibits a deadly weapon during the commission of the assault". of the contract, if the actor knows the person or employee is authorized by government or nolo contendere in return for a grant of deferred adjudication, regardless of whether Sept. 1, 2003; Acts 2003, 78th Leg., ch. 665 (H.B. 388, Sec. September 1, 2017. The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. 29), Sec. Continuous Violence Against the Family is a Third-Degree Felony. 2, eff. or provocative. 768), Sec. Sept. 1, 1983; Acts 1985, 69th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. Assault by contact is an assault where physical contact is involved. 528, Sec. (B) who otherwise by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self. Acts 2005, 79th Leg., Ch. (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. 1.02. objectives of code . (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. Sec. Sept. 1, 1994. (3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, or Penalty Group 1-B, Section 481.1022, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code. What is an Assault? 361 (H.B. 22.011. 822, Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1.01, 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. 788 (S.B. (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. 4170), Sec. 1, eff. 685 (H.B. (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. Join thousands of people who receive monthly site updates. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 15.02(b), eff. Current as of April 14, An offense under this section is a Class A misdemeanor. 1979 ; Acts 2001, 77th Leg., R.S., ch Acts 2001, 77th,. Disabled INDIVIDUAL 78th Leg., R.S., ch, 77th Leg., ch was subsequently discharged from community ;. 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