Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 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 . 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. Acts 2005, 79th Leg., Ch. title 1. introductory provisions chapter 1. general provisions. 14.829, eff. 1.125(a), eff. Amended by Acts 1985, 69th Leg., ch. 22.10. (c) An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense: (1) is committed against a member of the person's family or household or otherwise constitutes family violence; or. 1286), Sec. Sec. Acts 2005, 79th Leg., Ch. An assault is classified as a class a misdemeanor if bodily injury was caused. September 1, 2017. Added by Acts 1999, 76th Leg., ch. (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. 1 to 3, 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 (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. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. (B) a person who contracts with the state to perform a service in a civil commitment facility or an employee of that person: (i) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by the state to provide the service; or. Aggravated Assault: Explained. Contact us. (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. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. 1.01, eff. 1, eff. -2nd Degree Felony-. 16, Sec. 318, Sec. (d)For purposes of Subsection (b), the actor is presumed to have known the person (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. Indecent Assault Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 1, eff. by Section 71.0021(b), 71.003, or 71.005, Family Code; and. 2, eff. 902), Sec. 14, Sec. 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. September 1, 2009. 1.18, eff. Next . 46, eff. In Texas, an aggravated assault is a second degree felony with punishments including 2 to 20 years in prison and a fine of up to $10,000. (d) For purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant, a security officer, or emergency services personnel 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 or emergency services personnel. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1 to 3, eff. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. September 1, 2017. A person convicted of a Class C misdemeanor in Texas can expect the following penalties: Fines up to $500. Class C misdemeanor Punishment is up to $500 fine only; Prosecuted either in municipal court or the Justice of the Peace. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. (3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and: (A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle; (B) is reckless as to whether the habitation, building, or vehicle is occupied; and. 1, eff. Acts 2009, 81st Leg., R.S., Ch. 620 (S.B. 2240), Sec. 1415, Sec. 1.01, eff. Acts 1973, 63rd Leg., p. 883, ch. Acts 2019, 86th Leg., R.S., Ch. (1) "Child" has the meaning assigned by Section 22.011(c). (f) An offense under Subsection (c) is a state jail felony. class a misdemeanor sec. https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/, Read this complete Texas Penal Code - PENAL 22.01. 284(32), eff. Acts 1973, 63rd Leg., p. 883, ch. 21.001(39), eff. September 1, 2015. (j) Written notification under Subsection (i)(2) or (i)(3) is not effective unless it contains the name and address of the actor, the name and address of the child, elderly individual, or disabled individual, the type of care provided by the actor, and the date the care was discontinued. (1) "Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations. 22.04. Acts 1973, 63rd Leg., p. 883, ch. 2, eff. 2, eff. 3, eff. (a) A person commits an offense if the person commits assault as defined in 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. September 1, 2021. Read the code on findlaw explore resources for. Class: Penal Code: Enhancement: Enhanced Punishment Range: Class A: 12.43(a) Prior Class A or Felony: $4,000, 90 days-1 year: Class B: 12.43(b) Prior Class A, B or Felony: $2,000, 30 days- 180 days: Class C: 12.43(c) 3 Prior Convictions of DOC or Public Intoxication or a combination : $2,000 Max and/or 180 days committed against a person whose relationship to or association with the defendant 1, eff. SEXUAL ASSAULT. 728 (H.B. to force the individual to have an abortion. entrepreneurship, were lowering the cost of legal services and 594 (H.B. 2, eff. 1, eff. LEAVING A CHILD IN A VEHICLE. (2)a conviction under the laws of another state for an offense containing elements It is also important to note that after being convicted of domestic violence, all subsequent convictions could be enhanced. 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; September 1, 2017. 3, eff. (c)An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that An assault is legally defined as an offensive contact. (1) "Family" has the meaning assigned by Section 71.003, Family Code. 22.01. 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 September 1, 2021. 2908), Sec. of the second degree if: (1)the offense is committed against a person whose relationship to or association 2005 Texas Penal Code CHAPTER 22. 459, Sec. 788 (S.B. 135, Sec. intercollegiate, or other organized amateur or professional athletic competition and Assault Causing Bodily Injury. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. September 1, 2019. 284(23) to (26), eff. 446, Sec. 2.08, eff. Acts 2013, 83rd Leg., R.S., Ch. the benefit of the general public during emergency situations. September 1, 2017. texas penal code. we provide special support Acts 2005, 79th Leg., Ch. 497, Sec. 361 (H.B. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 1, eff. (2) "Elderly individual" means a person 65 years of age or older. (a) In this section: (1) "Consumer Product" means any product offered for sale to or for consumption by the public and includes "food" and "drugs" as those terms are defined in Section 431.002, Health and Safety Code. Sept. 1, 2003; Acts 2003, 78th Leg., ch. power or performance of an official duty as a public servant; (2)a person whose relationship to or association with the defendant is described (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. sec. 1, eff. 7, 2021). 22.02. (a) In this section, "abandon" means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability. Acts 2009, 81st Leg., R.S., Ch. (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). 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. 357, 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. Acts 2017, 85th Leg., R.S., Ch. 29), Sec. September 1, 2017. 685 (H.B. Assault is a common charge in . 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; 1, eff. 1, eff. 1102, Sec. 1, eff. Class C Misdemeanors Are Minor Crimes. (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. Texas Misdemeanor Crimes Class C Misdemeanors in Texas. 2, eff. (b) An offense under this section is a felony of the third degree. 2, eff. 1, eff. 1028, Sec. ABANDONING OR ENDANGERING CHILD. 3, eff. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. (14) the actor is a caregiver hired to assist the other person with activities of daily life and causes the other person to submit or participate by exploiting the other person's dependency on the actor. (B)the offense is committed by intentionally, knowingly, or recklessly impeding the 1575), Sec. ASSAULT. for non-profit, educational, and government users. or nolo contendere in return for a grant of deferred adjudication, regardless of whether Sept. 1, 2003. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 467 (H.B. 1420, Sec. Original Source: Added by Acts 1983, 68th Leg., p. 5312, ch. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 667), Sec. 16.002, eff. (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, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1.01. short title sec. Acts 2021, 87th Leg., R.S., Ch. 399, Sec. 840 (H.B. Jan. 1, 1974. . 29, eff. 1052, Sec. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . TEXAS PENAL CODE Offense Punishment ex. 1, eff. September 1, 2017. Acts 2009, 81st Leg., R.S., Ch. 1, eff. (a) The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if: (1) the conduct did not threaten or inflict serious bodily injury; or. Acts 2009, 81st Leg., R.S., Ch. (e) An offense under Subsection (a) is a Class A misdemeanor. 53a-60a. 900, 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. 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. 4.02, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 76, Sec. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. Texas Penal Code Section 22.01 defines assault as follows: A person commits an offense if the person: intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or September 1, 2009. 15.02(b), eff. 528, Sec. Acts 2015, 84th Leg., R.S., Ch. 284 (S.B. ASSAULT Sec. Amended by Acts 1989, 71st Leg., ch. Call 738-8383 to schedule a free, no-obligation consultation to discover your options. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. 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) September 1, 2007. (a) A person commits an offense if, with the intent to assault, harass, or alarm, the person: (1) while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal; (2) while committed to a civil commitment facility, causes: (A) an officer or employee of the Texas Civil Commitment Office to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (B) a person who contracts with the state to perform a service in the facility or an employee of that person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; or. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Feb. 1, 2004. September 1, 2017. 3, eff. September 1, 2021. 623 (H.B. A person convicted of a misdemeanor in Texas faces the following penalties: for a Class A misdemeanor, up to one year in jail and a $4,000 fine for a Class B misdemeanor, up to 180 days in jail and a $2,000 fine, and for a Class C misdemeanor, up to a $500 fine. 91), Sec. 399, Sec. September 1, 2021. However, they are still more serious than infractions. 1, eff. (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 . (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, 1989; Acts 1991, 72nd Leg., ch. ASSAULTIVE OFFENSES Sec. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. September 1, 2005. 1006, Sec. Texas Disciplinary Rules of Professional Conduct, the attorney . Sept. 1, 1997; Acts 1995, 74th Leg., ch. ASSAULTIVE OFFENSES PENAL CODE TITLE 5. 22.012. 2, eff. 2, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. 1, eff. Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; (b-1) Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony of the third degree if the offense is committed: (1) while the actor is committed to a civil commitment facility; and. It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. 7, eff. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. 22.01. 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Diamond Styrolon
