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 Current as of April 14, An offense under this section is a Class A misdemeanor. 738 (H.B. The law defines "family violence" under the Family Code as assault towards a member of the family (by blood) or household. 949 (H.B. 467 (H.B. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 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. (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 . 91), Sec. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. 22.021. 1095), Sec. (a) A person commits an offense if the person commits assault as defined in Sec. 7, eff. September 1, 2009. (1) "Child" means a person 14 years of age or younger. September 1, 2021. 977, Sec. 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; 685 (H.B. 6), Sec. (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. Acts 2017, 85th Leg., R.S., Ch. September 1, 2009. (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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 977, Sec. (B) the victim was a nondisabled or disabled child at the time of the offense. Assault is a common charge in . Sept. 1, 1999; Acts 2001, 77th Leg., ch. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. Aggravated Assault: Explained. (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. 1, 2, eff. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. 15.02(a), eff. includes an athlete, referee, umpire, linesman, coach, instructor, administrator, (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. 2, eff. Sept. 1, 2003. (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. 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. 900, Sec. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. Criminal bodily harm includes injuries sustained by a . Amended by Acts 1977, 65th Leg., p. 2067, ch. (8) a person the actor knows is pregnant at the time of the offense. 417, Sec. 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 (d) The defense provided by Section 22.011(d) applies to this section. 22.04. 34 (S.B. Sec. 3, eff. (c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b). ASSAULT Sec. These cases are quite complex and benefit from the expertise of a criminal defense attorney. 1 (S.B. Sec. Sept. 1, 2001. Acts 2007, 80th Leg., R.S., Ch. Often, verbal threats are made in response to a challenging or tense situation, and the person making them may not mean what they say. 4, eff. 164, Sec. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. -or-. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 3, eff. 29, eff. | https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/. September 1, 2011. 1, 2, eff. 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. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 19, eff. Current as of April 14, 2021 | Updated by FindLaw Staff. 687, Sec. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. 739, Sec. Amended by Acts 1987, 70th Leg., ch. Amended by Acts 2003, 78th Leg., ch. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1, eff. (2) a state jail felony if the offense is committed under Subsection (a)(1) and the actor has not received express consent as described by Subsection (b)(12). (vi) with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim's ability to appraise the nature of the act or to resist the act; (B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or. 2, eff. 1576), Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1306), Sec. (d)For purposes of Subsection (b), the actor is presumed to have known the person Sept. 1, 1991; Acts 1993, 73rd Leg., ch. September 1, 2005. Acts 2019, 86th Leg., R.S., Ch. What is the current Texas law about Assault? a service within the scope of the contract. (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 399, Sec. (2) a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense listed in those subsections is a conviction of the offense listed. 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 June 11, 2009. (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. Texas penal code penal tx penal section 22.01. (1) "Family" has the meaning assigned by Section 71.003, Family Code. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 1576), Sec. 1, eff. (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. (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. 2.08, eff. Prev. 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. 22.07. September 1, 2007. 318, Sec. 1)"Causes serious Bodily INJURY to another, including the person's spouse". (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 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 for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; and. 1, eff. 1576), Sec. for non-profit, educational, and government users. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. 22.01. 900, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 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