The definition of assault is broad. Sexual Assault Offense Classification. 495), Sec. (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. 10, eff. Acts 2019, 86th Leg., R.S., Ch. 29), Sec. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. Assault by Contact, Assault on a Public Servant, Sexual Assault, Assault Family Violence, Assault by Contact (Class C) etc. (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. 620, Sec. or both sections. 728 (H.B. 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. 3, eff. 2908), Sec. When the conduct is engaged in recklessly, the offense is a state jail felony. 2, Sec. 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. 14, Sec. Unless. 1, eff. Sec. 21.01. 3, eff. Added by Acts 1999, 76th Leg., ch. 459, Sec. Acts 2017, 85th 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. According to Texas Penal Code 22.01, you could be arrested for the crime of simple assault if you intentionally, knowingly or recklessly cause bodily injury to another person, threaten another person with imminent bodily harm or cause physical contact with another person that you know is provocative or offensive. 495), Sec. 1, eff. (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. ASSAULT. Acts 1973, 63rd Leg., p. 883, ch. Acts 2005, 79th Leg., Ch. 1101, Sec. An assault is legally defined as an offensive contact. L/D - Level and . (d) For purposes of an omission that causes a condition described by Subsection (a)(1), (2), or (3), the actor has assumed care, custody, or control if the actor has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that the actor has accepted responsibility for protection, food, shelter, or medical care for a child, elderly individual, or disabled individual. 900, Sec. Sept. 1, 1983; Acts 1987, 70th Leg., ch. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. 79, Sec. 194), Sec. Class A misdemeanor "Bodily injury" means physical pain, illness, or any impairment of physical condition - Texas Penal Code 1.07(8); 15.02(b), eff. September 1, 2017. 273, Sec. 1.01, eff. September 1, 2021. 12, eff. Added by Acts 1985, 69th Leg., ch. of the second degree if the offense is committed against a person the actor knows 2, eff. 4, eff. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or . Class C misdemeanors are a type of crime in Texas. 164), 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 1, eff. 1, 2, eff. September 1, 2017. The lowest level of an offense that someone can be charged with is a Class C misdemeanor. 900, Sec. (b-1)Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony Sept. 1, 1987; Acts 1989, 71st Leg., ch. Acts 2019, 86th Leg., R.S., Ch. of the contract, if the actor knows the person or employee is authorized by government 1019, Sec. Amended by Acts 1987, 70th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Indecent Assault. 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; Search Texas Statutes. 3019), Sec. indecent assault, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Chapter 7A, Code . (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. 53a-60b. 1 (S.B. 3, eff. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. Sept. 1, 1999. September 1, 2019. (c)An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that 1808), Sec. (c) Section 25.07(a), Penal Code, is amended to read as follows: (a) A person commits an offense if, in violation of a . 1, eff. (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. (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 What is the current Texas law about Assault? Cookie Settings. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing 461 (H.B. 528, Sec. 7, eff. September 1, 2021. Original Source: (2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A). OFFENSES AGAINST THE PERSON. The punishment according to Sec. ASSAULT. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. Sept. 1, 1994. (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force, violence, or coercion; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to the other person, and the other person believes that the actor has the present ability to execute the threat; (3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; (4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; (5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; (6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge; (7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; (8) the actor is a public servant who coerces the other person to submit or participate; (9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor; (10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; (11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code; (12) the actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor; (13) the actor is a coach or tutor who causes the other person to submit or participate by using the actor's power or influence to exploit the other person's dependency on the actor; or. 528, Sec. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 3, eff. Sec. (b) An offense under this section is a Class C misdemeanor. September 1, 2007. 6), Sec. Assault is a common charge in . 875 (H.B. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 840 (H.B. 719 (H.B. 915 (H.B. (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. 1, eff. 1, eff. 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 (d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony. 467 (H.B. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 620 (S.B. Oct. 2, 1984. September 1, 2019. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. September 1, 2017. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2017. Through social July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. 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. 260 (H.B. 1354), Sec. 34 (S.B. June 11, 2009. 22.041. 8.139, eff. September 1, 2011. 12.23. class c misdemeanor . 22.01. For Class A assaultive offenses, the charges must be brought within this time period; if they are brought after the statute of limitations has expired, the defense may file a pretrial motion to dismiss the charges as directed under Title 1, Article 27.08 of the Texas Code of Criminal Procedure. 2, eff. normal breathing or circulation of the blood of the person by applying pressure to Texas Penal Code has a specific statute for continuous violence against the family. -or-. 1, eff. 2, eff. 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. Jan. 1, 1974. 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) (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. 24, Sec. consequences of a conviction for assault under Texas Penal Code 22.01. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. Sept. 1, 2003. 1, 2, eff. (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. (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. 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