Sept. 1, 1985. 1.01, eff. (d) Except as provided by Subsection (e), an offense under Subsection (b) is: (1) a state jail felony if the actor abandoned the child with intent to return for the child; or. Sept. 1, 1981; Acts 1989, 71st Leg., ch. (3) "Household" has the meaning assigned by Section 71.005, Family Code. 24), Sec. Acts 2005, 79th Leg., Ch. ASSAULT Sec. Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 1985, 69th Leg., ch. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. (c) The actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer. (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 . 202, Sec. Acts 2011, 82nd Leg., R.S., Ch. 705), Sec. (c) 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. 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 (2) "Tamper" means to alter or add a foreign substance to a consumer product to make it probable that the consumer product will cause serious bodily injury. 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 . (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. 1, eff. 2, eff. Sec. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. 334, Sec. ASSAULT. 719 (H.B. Sec. Acts 2021, 87th Leg., R.S., Ch. (2) not attended by an individual in the vehicle who is 14 years of age or older. 335, Sec. Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. 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. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (3)a Class A misdemeanor if the offense is committed against a pregnant individual 659, Sec. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. 3, eff. 399, Sec. (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. 162, Sec. 2, eff. 1.01, eff. 164, Sec. Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. 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 573, Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 27, eff. capacity as a sports participant; or, (B)in retaliation for or on account of the participant's performance of a duty or (a-1) A person commits an offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, boarding home facility, intermediate care facility for persons with an intellectual or developmental disability, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility: (2) serious mental deficiency, impairment, or injury; or. Acts 2005, 79th Leg., Ch. 16.002, eff. 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; 738 (H.B. 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 Sec. According to Texas law, Texas Penal Code Ann. September 1, 2013. Assault by Contact, Assault on a Public Servant, Sexual Assault, Assault Family Violence, Assault by Contact (Class C) etc. 728 (H.B. For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), or (3), the actor acting during the actor's capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, or medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Sept. 1, 1999; Acts 2003, 78th Leg., ch. CHAPTER 21. 3, eff. TITLE 5. 768), Sec. or both sections. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 2, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including Acts 2009, 81st Leg., R.S., Ch. September 1, 2009. AGGRAVATED ASSAULT. 467 (H.B. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section Unless. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. 427 (H.B. (2) "Elderly individual" means a person 65 years of age or older. 1, eff. 1, eff. 399, Sec. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. official duty or in retaliation or on account of an exercise of official power or Acts 2017, 85th Leg., R.S., Ch. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. 6, eff. when it is a prohibited person of marriage. 2, eff. (f) An offense under Subsection (c) is a state jail felony. 858 (H.B. Acts 2019, 86th Leg., R.S., Ch. 788, 6. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2019. September 1, 2017. 12.22. class b misdemeanor sec. 334, Sec. (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. 29), Sec. 1.01, eff. SEXUAL OFFENSES. September 1, 2011. (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. (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. 662, Sec. (e) An offense under this section is a felony of the first degree. (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. 76, Sec. Assault by Threat is a Class C offense in Texas and is subject to fines of up to $500. 1, eff. The current Texas law defines the offense of Assault in Penal Code Section 22.01 as follows: [1] (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; 1101, Sec. Continuous Violence Against the Family is a Third-Degree Felony. Texas Penal Code - PENAL 22.012. or nolo contendere in return for a grant of deferred adjudication, regardless of whether 1, eff. 687, 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 (3 . 22.12. 1052, Sec. Current as of April 14, 2021 | Updated by FindLaw Staff. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the 1.01. short title sec. Added by Acts 1983, 68th Leg., p. 5312, ch. September 1, 2017. September 1, 2005. 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 Sec. 273 (H.B. 7031 Koll Center Pkwy, Pleasanton, CA 94566. 1, eff. 6.05, eff. 22.07. Cookie Settings. Acts 2019, 86th Leg., R.S., Ch. (7)a person the actor knows is pregnant at the time of the offense. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 461 (H.B. 904, Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 1, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. includes an athlete, referee, umpire, linesman, coach, instructor, administrator, September 1, 2005. (3) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty. Community service. Texas Penal Code 22.02 (a) states that a person commits an offense if the person commits assault as defined in 22.01 and the person: Causes serious bodily injury to another, including the person's spouse; or Uses or exhibits a deadly weapon during the commission of the assault. 33, eff. 62, Sec. Jan. 1, 1974. 38.111. improper contact with victim sec. 22.012. While Class C misdemeanors don't require jail time, these charges still come with a hefty fine. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 900, Sec. 34 (S.B. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. Acts 2007, 80th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. Sec. 878, Sec. 549), Sec. Acts 2017, 85th Leg., R.S., Ch. 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. 1, eff. (B)in retaliation for or on account of the person's or employee's performance of 946), Sec. Misdemeanors are punishable by a year or less in a local jail, a fine, or both. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 2908), Sec. Penal Code 12.22] Confinement in jail for a te rm not to exceed 180 days Fine not to exceed $2,000 900, Sec. (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 28, eff. Sec. (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. Child without intent to return for the child without intent to return for a grant of deferred adjudication, of. 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