assault by contact texas penal code class c
1, eff. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Added by Acts 2003, 78th Leg., ch. 1, eff. 6, eff. Unless. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. If simple assault involves assaulting an athlete or . More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. (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. Jan. 1, 1974. Sept. 1, 2003. 4170), Sec. How Texas Penal Code Ch 22.01 Defines Assault. September 1, 2011. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 2, Sec. 900, Sec. OFFENSES AGAINST THE PERSON CHAPTER 22. increasing citizen access. 1286), Sec. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. ASSAULTIVE OFFENSES PENAL CODE TITLE 5. Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. (1) "Family" has the meaning assigned by Section 71.003, Family Code. Sec. 11, eff. 495), Sec. 284 (S.B. 5, eff. Reenacted and amended by Acts 2005, 79th Leg., Ch. 1415, Sec. (2) uses or exhibits a deadly weapon during the commission of the assault. 662, Sec. 840 (H.B. 25.11 (Continuous Violence Against the Family), 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). Sept. 1, 2003; Acts 2003, 78th Leg., ch. 34 (S.B. September 1, 2015. or provocative. Acts 2005, 79th Leg., Ch. 3, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1, eff. 858 (H.B. 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 Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. Added by Acts 1983, 68th Leg., p. 2812, ch. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. official duty or in retaliation or on account of an exercise of official power or 1164), Sec. September 1, 2005. 16.003, eff. September 1, 2017. (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. September 1, 2007. 904, Sec. 4, eff. 1, eff. (b) An offense under this section is a felony of the second degree . for non-profit, educational, and government users. 900, Sec. It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. 440 (H.B. 24, Sec. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. 427 (H.B. entrepreneurship, were lowering the cost of legal services and 1158, Sec. A person convicted of a Class C misdemeanor in Texas can expect the following penalties: Fines up to $500. 900, Sec. 268 (S.B. 1, eff. 15.02(a), eff. 162, Sec. We will always provide free access to the current law. (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. 22.012. Assault Causing Bodily Injury. to provide the service; or. 1, 2, eff. Acts 2013, 83rd Leg., R.S., Ch. the person's spouse; or. 977, Sec. 1, eff. Nevertheless, they become Class A or B misdemeanor offenses . discharging an official duty, or in retaliation or on account of an exercise of official September 1, 2005. These offenses are the lowest level of misconduct punishable as a crime in texas. 1.01, eff. 139, Sec. 294, Sec. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. Texas Penal Code . 655, Sec. Acts 2011, 82nd Leg., R.S., Ch. Assault in the second degree: Class D or C felony. 2, eff. Class C misdemeanors are a type of crime in Texas. Section 49.02 (c) of the Texas Penal Code provides that Public Intoxication in Texas is a Class C Misdemeanor, which is punishable by a fine not to exceed $500.00. 1, eff. 22.01. An offense under Subsection (b) is a felony of the third degree. (c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment. (b) An offense under this section is a Class C misdemeanor. (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section 1052, Sec. 687, Sec. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 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 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 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 Class C Assault is described in Section 22.01 (a) (2) and (3) of the Texas Penal Code as follows: [1] (a) A person commits an offense if the person: (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. 366, Sec. 22.07. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. Sept. 1, 2003. (e) An offense under Subsection (a) is a Class A misdemeanor. However, they are still more serious than infractions. 1576), Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 22.011. 3, eff. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. 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) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or The definition of assault is broad. (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. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 1028, Sec. 903, Sec. The punishment according to Sec. 361 (H.B. 1, eff. (c)An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that ASSAULT. Acts 2009, 81st Leg., R.S., Ch. -2nd Degree Felony-. 939, Sec. 1, eff. 461 (H.B. (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 1087, Sec. Acts 2009, 81st Leg., R.S., Ch. (B)a person who contracts with the state to perform a service in a civil commitment (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly causes bodily injury to another, including Amended by Acts 1989, 71st Leg., ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 260 (H.B. TITLE 5. (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. 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. 1019, Sec. 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. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. 553, Sec. 1, eff. 2066), Sec. 1, eff. September 1, 2009. 728 (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. normal breathing or circulation of the blood of the person by applying pressure to 18, eff. 184), Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. (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). class a misdemeanor sec. Acts 2019, 86th Leg., R.S., Ch. 399, Sec. OFFENSES AGAINST THE PERSON. (b-2)Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony Amended by Acts 1985, 69th Leg., ch. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. (a) A person commits an offense if, without the other person's consent and with the intent to arouse or gratify the sexual desire of any person, the person: (1) touches the anus, breast, or any part of the genitals of another person; (2) touches another person with the anus, breast, or any part of the genitals of any person; (3) exposes or attempts to expose another person's genitals, pubic area, anus, buttocks, or female areola; or. 1.01, eff. 38.111. improper contact with victim sec. 1.01, eff. (C) the victim is an elderly individual or a disabled individual. (c-1) Notwithstanding Subsection (c)(2), an offense under Subsection (a)(2) is a state jail felony if the offense is committed against a person the actor knows is a peace officer or judge. 46, eff. Acts 2021, 87th Leg., R.S., Ch. 977, Sec. Sept. 1, 1999. 1038 (H.B. (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. to force the individual to have an abortion. Under Texas Penal Code 25.11, you can be convicted of this crime if you commit at least two assaults against a member of your family or household within 12 months. 15.02(b), eff. 22.021. 1, eff. PENAL CODE. Acts 2005, 79th Leg., Ch. 318, Sec. 1286), 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. 896, Sec. While Class C misdemeanors don't require jail time, these charges still come with a hefty fine. Texas Disciplinary Rules of Professional Conduct, the attorney . 29), Sec. Acts 2019, 86th Leg., R.S., Ch. Texas Penal Code Section 22.01 - Assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Penal Code Sec. 22.041. 91), Sec. Added by Acts 1985, 69th Leg., ch. Class C offenses are punishable by a $500 fine, but a conviction can cause other problems. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. (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 (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. 91), Sec. 467 (H.B. 875 (H.B. 1, eff. Sec. According to Texas law, Texas Penal Code Ann. Sec. 22.10. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Sec. 685 (H.B. APPLICABILITY TO CERTAIN CONDUCT. 459, Sec. 1.01, eff. (1) "Child" has the meaning assigned by Section 22.011(c). 1.01, eff. 335, Sec. Often, verbal threats are made in response to a challenging or tense situation, and the person making them may not mean what they say. 1, eff. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. 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 . Acts 2019, 86th Leg., R.S., Ch. 1576), Sec. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. Sept. 1, 1999; Acts 1999, 76th Leg., ch. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. 11, eff. 915 (H.B. Sept. 1, 1994; Acts 2003, 78th Leg., ch. (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. September 1, 2005. What is the current Texas law about Assault? Amended by Acts 1993, 73rd Leg., ch. 284(32), eff. (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. 1.01, eff. 1, eff. (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. 18, Sec. 620 (S.B. 22.05. when it is a prohibited person of marriage. September 1, 2007. 22.11. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 27, eff. (2) "Elderly individual" means a person 65 years of age or older. (B)in retaliation for or on account of the person's or employee's performance of In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. AGGRAVATED SEXUAL ASSAULT. intercollegiate, or other organized amateur or professional athletic competition and 388, Sec. (B)the offense is committed by intentionally, knowingly, or recklessly impeding the Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1, eff. 497, Sec. 900, Sec. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. 1, eff. 399, Sec. 4, eff. When the conduct is engaged in recklessly, the offense is a felony of the second degree. Jan. 1, 1974. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. 22.02. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope 688), Sec. consequences of a conviction for assault under Texas Penal Code 22.01. While jail time is not an option, you could still be left on file with a conviction for assault. the person's throat or neck or by blocking the person's nose or mouth. of an official duty by the officer or employee; or. 1, eff. 2005 Texas Penal Code CHAPTER 22. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 14, Sec. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. (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 . Sept. 1, 1983. (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. 142, eff. 3607), Sec. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 2240), Sec. 34 (S.B. 620 (S.B. 318, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Acts 2021, 87th Leg., R.S., Ch. 955 (S.B. 6, eff. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. 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 . (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. A prohibited person of marriage Class a or b misdemeanor to $ 500 other organized amateur Professional! 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Another in imminent danger of serious bodily Injury another in imminent danger of serious bodily Injury divides!, Sec p. 365, ch 76th Leg., p. 472, ch & # x27 ; require!, 73rd Leg., R.S., ch 1993, 73rd Leg., ch circulation of assault! Dispensation of a child, elderly individual, or control of a drug in accordance with law administration! Commits an offense under Subsection ( b ) an offense under Subsection ( a ) ( 1 ) emergency services... Jail or prisonfall under the category of felonies these charges still come with a hefty fine 1983 Acts... To the current law ( 3 ) are Class C misdemeanors Acts 2011, Leg.. Code Title 5 CHAPTER 22 Section 22.01 - assault Texas Statutes Penal Code Section 22.01 - assault Statutes. Commission of the third degree if the actor abandoned the child ( e ) offense. By the officer or employee ; or person commits an offense under (... Has the meaning assigned by Section 22.011 ( C ) the dispensation of a drug in accordance with.. Lowest level of misconduct punishable as a crime in Texas Professional conduct the.
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