assault by contact texas penal code class c
900, Sec. Domestic assault is a Class C misdemeanor if the victim suffered no physical pain or lasting harm. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (g)If conduct constituting an offense under this section also constitutes an offense 7, 2021). Acts 2005, 79th Leg., Ch. (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. (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. (b) An offense under this section is a Class C misdemeanor unless the actor's conduct causes suicide or attempted suicide that results in serious bodily injury, in which event the offense is a state jail felony. Class C misdemeanors are the least serious crimes under Texas Penal code. 461 (H.B. 366, Sec. 788 (S.B. 549), Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 2, eff. 768), Sec. 1, eff. Acts 2009, 81st Leg., R.S., Ch. (3) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth. 946), Sec. Acts 2009, 81st Leg., R.S., Ch. 22.10. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. Sec. September 1, 2005. (g) It is a defense to prosecution under Subsection (c) that the act or omission enables the child to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event. 91), Sec. Acts 2019, 86th Leg., R.S., Ch. Through social (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. ASSAULTIVE OFFENSES PENAL CODE TITLE 5. (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. 665 (H.B. However, they are still more serious than infractions. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 91), Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Nevertheless, they become Class A or B misdemeanor offenses . (a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual: (2) serious mental deficiency, impairment, or injury; or. However, if a person has two prior Public Intoxication convictions on their record, a third PI can be enhanced to a Class B misdemeanor, which has a range of punishment of up to 180 . 260 (H.B. 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 003, Health and Safety Code, emergency room personnel, and other individuals Sept. 1, 1994. 1549), Sec. (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. 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 2007, 80th Leg., R.S., Ch. 1, eff. Acts 2009, 81st Leg., R.S., Ch. Sec. 1158, Sec. 29), Sec. Sec. 1, eff. 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. 1, eff. PENAL CODE. 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). 14, Sec. Assault - last updated April 14, 2021 According to Texas law, Texas Penal Code Ann. 399, Sec. Class C offenses are punishable by a $500 fine, but a conviction can cause other problems. 751 (H.B. Sec. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. Join thousands of people who receive monthly site updates. September 1, 2005. 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. 1259), Sec. 728 (H.B. 2018), Sec. 2.08, eff. September 1, 2015. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. 3, eff. 139, Sec. 1102, Sec. 2, eff. September 1, 2021. 2, eff. (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. 135, Sec. (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. 1, eff. 1 to 3, eff. 1, eff. 1031, Sec. While Class C misdemeanors don't require jail time, these charges still come with a hefty fine. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. 1, eff. Amended by Acts 1979, 66th Leg., p. 1114, ch. 27.01, eff. Continuous Violence Against the Family is a Third-Degree Felony. (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. 858 (H.B. Acts 2009, 81st Leg., R.S., Ch. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 1, eff. 142, eff. (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. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (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) "Child" means a person younger than 17 years of age. 788 (S.B. 1, 2, eff. 728 (H.B. 01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. 1)"Causes serious Bodily INJURY to another, including the person's spouse". (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 2)"use or exhibits a deadly weapon during the commission of the assault". 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 . 977, Sec. 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 The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. (b) An offense under this section is a Class A misdemeanor. (C) in discharging the firearm, causes serious bodily injury to any person. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 24), Sec. OFFENSES AGAINST THE PERSON. (a) In this section: (1) "Consumer Product" means any product offered for sale to or for consumption by the public and includes "food" and "drugs" as those terms are defined in Section 431.002, Health and Safety Code. In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. 22.012. 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. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. 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 Assault in the second degree: Class D or C felony. 34 (S.B. (4)Sports participant means a person who participates in any official capacity with respect to an interscholastic, (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. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope September 1, 2019. September 1, 2011. 1, eff. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. Acts 2021, 87th Leg., R.S., Ch. 1.01, eff. 1, eff. Acts 2005, 79th Leg., Ch. 1, 2, eff. the sentence for the offense was ever imposed or whether the sentence was probated Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Jan. 1, 1974. Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . In fact, class C misdemeanors do not require any jail time. An offense under Subsection (c) is a felony of the third degree. 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. (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 Acts 2015, 84th Leg., R.S., Ch. Sec. Texas penal code penal tx penal section 22.01. Acts 2005, 79th Leg., Ch. (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. 819, Sec. or staff member. Sept. 1, 1999. 14, Sec. Sec. (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. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 2, eff. Acts 2005, 79th Leg., Ch. 1306), 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 667), Sec. 1286, Sec. (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 commitment facility; or, (ii) in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or. Search Texas Statutes. 659, Sec. (f) The minimum term of imprisonment for an offense under this section is increased to 25 years if: (1) the victim of the offense is younger than six years of age at the time the offense is committed; or. 273, Sec. 1, 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. (b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm. Cookie Settings. 1, eff. Added by Acts 1984, 68th Leg., 2nd C.S., ch. (B) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth; (3) a person who contracts with government to perform a service in a facility as defined by Section 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an employee of that person: (A) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by government to provide the service; or. DEFINITIONS. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. 4, eff. 1038 (H.B. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. It is also important to note that after being convicted of domestic violence, all subsequent convictions could be enhanced. 822, Sec. Sept. 1, 1983. Offensive or Provocative Contact. 6), Sec. Amended by Acts 1993, 73rd Leg., ch. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. 12.22. class b misdemeanor sec. 22.12. 643), Sec. 5, eff. 1, eff. (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 Sept. 1, 1995; Acts 1997, 75th Leg., ch. September 1, 2017. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Assault in Texas is defined in Penal Code Chapter 22 and covers everything from a class C offensive touching to a first-degree aggravated assault punishable by up to life in prison. 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) (f) An offense under Subsection (c) is a state jail felony. 738 (H.B. (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. 900, Sec. Acts 2005, 79th Leg., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. SEXUAL ASSAULT. Feb. 1, 2004. 2018), Sec. 553, Sec. Criminal bodily harm includes injuries sustained by a . to force the individual to have an abortion. 164, Sec. September 1, 2017. 900, Sec. (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. (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. 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. Sept. 1, 2003. 334, 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 (last accessed Jun. 1.18, eff. 25.11 (Continuous Violence Against the Family), 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). Sept. 1, 1995; Acts 1997, 75th Leg., ch. (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. 1, eff. 1, eff. A charge of assault can become a crime depending on the type of person being attacked or the type of attack. 284(23) to (26), eff. September 1, 2007. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 2003. under another section of this code, the actor may be prosecuted under either section (2) "Elderly individual" has the meaning assigned by Section 22.04(c). When the conduct is engaged in recklessly, the offense is a state jail felony. September 1, 2021. (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. 1, eff. Cite this article: FindLaw.com - Texas Penal Code - PENAL 22.01. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. CHAPTER 21. (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. 2589), Sec. September 1, 2017. (A) the actor was not more than three years older than the victim and at the time of the offense: (i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or, (ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and, (i) was a child of 14 years of age or older; and, (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. (1) "Child" means a person 14 years of age or younger. Oct. 2, 1984. (g) 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 or both sections. 1, eff. 791, Sec. September 1, 2017. Added by Acts 1983, 68th Leg., p. 5312, ch. sec. 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