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Sept. 1, 2003. (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. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. Added by Acts 1999, 76th Leg., ch. (d) An offense under Subsection (b) is a felony of the second degree unless a person suffers serious bodily injury, in which event it is a felony of the first degree. 22.041. normal breathing or circulation of the blood of the person by applying pressure to 1286), Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 8), Sec. 809, Sec. The lowest level of an offense that someone can be charged with is a Class C misdemeanor. Acts 1973, 63rd Leg., p. 883, ch. 461 (H.B. 1, 2, eff. Acts 1973, 63rd Leg., p. 883, ch. Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. 260 (H.B. Let's dive into the statute and see what's going on here. Acts 1973, 63rd Leg., p. 883, ch. June 11, 2009. Acts 2005, 79th Leg., Ch. 273 (H.B. Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. Added by Acts 1983, 68th Leg., p. 5312, ch. Assault in the second degree: Class D or C felony. Cookie Settings. 1.01, eff. 1, eff. 903, Sec. Sec. 388, Sec. 549), Sec. ASSAULT. 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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. September 1, 2021. (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. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the 1, eff. 620 (S.B. 1, eff. Sexual Assault Offense Classification. (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. 665 (H.B. (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. Acts 2005, 79th Leg., Ch. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). Acts 2013, 83rd Leg., R.S., Ch. 1420, Sec. Acts 2011, 82nd Leg., R.S., Ch. of the second degree if the offense is committed against a person the actor knows Sept. 1, 1989; Acts 1991, 72nd Leg., ch. September 1, 2011. 366, Sec. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (b) A person commits an offense if he knowingly discharges a firearm at or in the direction of: (2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied. Sec. Amended by Acts 2003, 78th Leg., ch. of an official duty by the officer or employee; or. 25.11 (Continuous Violence Against the Family), 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). 2, eff. 7, eff. 773. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 260 (H.B. by Section 71.0021(b), 71.003, or 71.005, Family Code; or. September 1, 2005. 2, eff. 399, Sec. 1575), Sec. September 1, 2011. Sec. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 2005 Texas Penal Code CHAPTER 22. 38, eff. September 1, 2017. 2, eff. 440 (H.B. 738 (H.B. 6.05, eff. 1.01, eff. (2) notified in writing the Department of Family and Protective Services that the actor would no longer provide the applicable care described by Subsection (d). 22.07. 223, Sec. under another section of this code, the actor may be prosecuted under either section September 1, 2017. DEFINITIONS. to provide the service; or. 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 . (2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or. (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. to force the individual to have an abortion. 33, eff. It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. 822, Sec. 2552), Sec. or both sections. These cases are quite complex and benefit from the expertise of a criminal defense attorney. 1.01, eff. 1415, Sec. 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 14.829, eff. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2021, 87th Leg., R.S., Ch. September 1, 2017. 22.012 Indecent Assault (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) You'll have to pay up to $500 if you're charged with Class C assault in Texas. by Section 71.0021(b), 71.003, or 71.005, Family Code; and. Sept. 1, 2003. In addition, 1, eff. (a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is: (1) younger than seven years of age; and. 12.23. class c misdemeanor . Sept. 1, 1994. Acts 2007, 80th Leg., R.S., Ch. (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. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Jan. 1, 1974. 768), Sec. 53a-60. (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. Class C misdemeanor Punishment is up to $500 fine only; Prosecuted either in municipal court or the Justice of the Peace. (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. 728 (H.B. Texas Penal Code - Penal 22.012 - Findlaw (c) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. They are the least severe type of misdemeanor. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. Acts 2019, 86th Leg., R.S., Ch. (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. September 1, 2009. (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. Sec. 2, eff. 643), Sec. (B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; (4) a person the actor knows is a security officer while the officer is performing a duty as a security officer; (5) a person the actor knows is emergency services personnel while the person is providing emergency services; (6) a person the actor knows is a process server while the person is performing a duty as a process server; (7) a pregnant individual to force the individual to have an abortion; or. (2) uses or exhibits a deadly weapon during the commission of the assault. Over time, the Texas Legislature passes more laws and recently, there has been the passage of a new domestic assault family violence statute (Texas Penal Code 2.01(b)(2),22.01(b)(2)(b)) involving choking or attempting to strangle another person as identified in Texas Penal Code Sections 71.0021(b), 71.003, or 71.005: Acts 2005, 79th Leg., Ch. (C) in discharging the firearm, causes serious bodily injury to any person. Sec. (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. 22.02 Tex Penal Code A person Commits assault as defined in Pen 22.01, and Causes serious bodily injury to another, including the person's spouse; or Uses or exhibits a deadly weapon during the commission of the assault Punishment: 2nd Degree Felony, or 1st Degree Felony Lesser Included Offenses: Texas Penal Code has a specific statute for continuous violence against the family. 155, Sec. (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. (5) "Employee of a facility" means a person who is an employee of a facility defined by Section 250.001, Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer. TAMPERING WITH CONSUMER PRODUCT. 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) INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. 1.01, eff. performance of an official duty as a peace officer or judge. Class a assault texas penal code. 38.113. unauthorized absence from community corrections facility, county . 915 (H.B. (c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if: (1) the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance methamphetamine in the presence of the child; (2) the person's conduct related to the proximity or accessibility of the controlled substance methamphetamine to the child and an analysis of a specimen of the child's blood, urine, or other bodily substance indicates the presence of methamphetamine in the child's body; or. (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 . 34 (S.B. a service within the scope of the contract; (4)a person the actor knows is a security officer while the officer is performing 4, eff. (e) For purposes of Subsection (a)(3), the actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant. 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 . 2)"use or exhibits a deadly weapon during the commission of the assault". 1259), Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Penal Code Title 5 Texas Penal Code Sec. 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. Sept. 1, 1983. 399, Sec. Sec. . September 1, 2017. 687, Sec. 1, 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. 361 (H.B. (b)An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense September 1, 2005. (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. Only ; prosecuted either in municipal court or the Justice of the Peace ( C.. Into the statute and see what & # x27 ; s dive into the statute see. 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