In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. 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. Sept. 1, 1994. (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. ASSAULTIVE OFFENSES Sec. (2) uses or exhibits a deadly weapon during the commission of the assault. TEXAS PENAL CODE Offense Punishment ex. 1, eff. 840 (H.B. (7)a person the actor knows is pregnant at the time of the offense. Added by Acts 1985, 69th Leg., ch. 1, eff. 900, Sec. (B)the offense is committed by intentionally, knowingly, or recklessly impeding the (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. 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. Sept. 1, 1983; Acts 1987, 70th Leg., ch. Added by Acts 1983, 68th Leg., p. 2812, ch. (h) A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. 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. LEAVING A CHILD IN A VEHICLE. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. 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 September 1, 2017. (e) An offense under Subsection (b) is a felony of the second degree if the actor abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment. Often, verbal threats are made in response to a challenging or tense situation, and the person making them may not mean what they say. 91), Sec. (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. If the assault also involved certain circumstances such as domestic violence, it can be considered a first degree felony with punishments that include up to life in prison. (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. 977, Sec. 4170), Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. The definition of assault is broad. 139, Sec. Cite this article: FindLaw.com - Texas Penal Code - PENAL 22.01. 719 (H.B. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 1087, Sec. 6), Sec. September 1, 2019. What is the current Texas law about Assault? An offense under Subsection (c) is a felony of the third degree. If simple assault involves assaulting an athlete or . 1, eff. (3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, or Penalty Group 1-B, Section 481.1022, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code. 33, eff. Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. Acts 2017, 85th Leg., R.S., Ch. 1, eff. September 1, 2007. 949 (H.B. 399, Sec. 1, eff. 1, eff. 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 1028, Sec. 38.113. unauthorized absence from community corrections facility, county . knows or should reasonably believe that the other will regard the contact as offensive 1, 2, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 22.021. 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) Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Sec. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. (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. Felony Penalties 16, Sec. 399, Sec. In fact, class C misdemeanors do not require any jail time. (e) An offense under Subsection (a) is a Class A misdemeanor. Acts 1973, 63rd Leg., p. 883, ch. Acts 2017, 85th Leg., R.S., Ch. The criminal charge of "assault" can mean so many different things in a Texas court, ranging from a credible threat of committing violence to another person to actually inflicting serious bodily injury. Sec. 3, eff. 440 (H.B. Acts 2021, 87th Leg., R.S., Ch. 1286), Sec. 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 Sept. 1, 1994. Acts 2009, 81st Leg., R.S., Ch. Jan. 1, 1974. Assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree: Class D felony: Two years not suspendable. 1576), Sec. 977, Sec. Assault by Threat is a Class C offense in Texas and is subject to fines of up to $500. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. Class C offenses are punishable by a $500 fine, but a conviction can cause other problems. 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) 1164), 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. (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. 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 38, eff. 165, Sec. 1)"Causes serious Bodily INJURY to another, including the person's spouse". Texas Penal Code has a specific statute for continuous violence against the family. (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. 318, Sec. 2908), Sec. (b) An offense under this section is a felony of the second degree . 27, eff. 530, Sec. DEADLY CONDUCT. 21.001(39), eff. September 1, 2005. 176), Sec. Amended by Acts 1979, 66th Leg., p. 367, ch. 164, Sec. 142, eff. 939, Sec. 18, eff. 1, eff. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or . Here is what a prosecutor has to prove in an Assault Family Member case: The identity of the accused citizen intentionally, knowingly, or recklessly caused offensive contact to the alleged complainant Search Texas Statutes. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. Evaluating Your Legal Options in Pearland 14.829, eff. 1095), Sec. of the contract, if the actor knows the person or employee is authorized by the state 2589), Sec. Offensive or Provocative Contact. Class C Misdemeanors Are Minor Crimes. (B)a person who contracts with the state to perform a service in a civil commitment 417, Sec. September 1, 2021. Acts 2017, 85th Leg., R.S., Ch. Sec. Acts 2017, 85th Leg., R.S., Ch. 977, Sec. August 1, 2005. 2, eff. 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. (b-2) Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony of the second degree if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge 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 peace officer or judge. discharging an official duty, or in retaliation or on account of an exercise of official Acts 2017, 85th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 1, eff. 2, eff. Deliberately threatening another person with imminent physical harm "Intentionally, knowingly, or recklessly" causing physical harm or injury to another person Using physical contact on a person that is knowingly offensive or provocative committed against a person whose relationship to or association with the defendant (b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm. (b-2)Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony Location: September 1, 2021. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. Call 738-8383 to schedule a free, no-obligation consultation to discover your options. 1, eff. Acts 2007, 80th Leg., R.S., Ch. Let's dive into the statute and see what's going on here. 461 (H.B. Sept. 1, 1997; Acts 1999, 76th Leg., ch. These cases are quite complex and benefit from the expertise of a criminal defense attorney. 3019), Sec. commitment facility; or, (ii)in retaliation for or on account of an exercise of official power or performance Nevertheless, they become Class A or B misdemeanor offenses . 543 (H.B. 3, eff. 685 (H.B. An offense under Subsection (b) is a felony of the third degree. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the 1549), Sec. 4.02, 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; 594 (H.B. 2.017, eff. Community service. (3)a Class A misdemeanor if the offense is committed against a pregnant individual Texas Misdemeanor Crimes Class C Misdemeanors in Texas. 1, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. A person convicted of a Class C misdemeanor in Texas can expect the following penalties: Fines up to $500. 685 (H.B. 162, Sec. 164, Sec. 22.011. 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. September 1, 2019. September 1, 2017. title 1. introductory provisions chapter 1. general provisions. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 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. We will always provide free access to the current law. 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. 440 (H.B. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. Sept. 1, 2003. September 1, 2011. 10, eff. 165, Sec. (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. September 1, 2015. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. 2908), Sec. September 1, 2007. 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 Assault on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Acts 2017, 85th Leg., R.S., Ch. (2) is committed against a public servant. 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: of an official duty by the officer or employee; or. 436 (S.B. Oct. 2, 1984. 1354), Sec. 665 (H.B. (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. September 1, 2015. 1, eff. 461 (H.B. (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, eff. 53a-60. Amended by Acts 1993, 73rd Leg., ch. 164), Sec. (g) It is a defense to prosecution under Subsection (c) that the act or omission enables the child to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. PENAL CODE. 955 (S.B. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. Jan. 1, 1974. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. 1, eff. 7, eff. 900, Sec. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. 1, eff. 1, eff. power or performance of an official duty as a public servant; (2)a person whose relationship to or association with the defendant is described (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 38.111. improper contact with victim sec. 1052, Sec. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. 15.02(a), eff. 14, Sec. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. that are substantially similar to the elements of an offense listed in those subsections Sec. (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. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. 334, Sec. Sept. 1, 2003. 1038 (H.B. Continuous Violence Against the Family is a Third-Degree Felony. (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. Sec. 896, Sec. (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). 688), Sec. Sec. 1, eff. September 1, 2009. Acts 2017, 85th Leg., R.S., Ch. 3, eff. 4, eff. -or-. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1808), Sec. convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a person whose relationship to or association with the defendant is described Acts 2021, 87th Leg., R.S., Ch. 2005 Texas Penal Code CHAPTER 22. (C) the victim is an elderly individual or a disabled individual. Sept. 1, 1994. Acts 1973, 63rd Leg., p. 883, ch. 25.11 (Continuous Violence Against the Family), 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). Jan. 1, 1974. . Public intoxication (Penal Code 49.02), Assault by contact (Penal Code 22.01(a)(3)), Theft of less than $100 (Penal Code 31.03), Jan. 1, 1974. If simple assault only involves threats of injury or offensive contact, then the offense is a Class C misdemeanor, punishable by a maximum fine of $500. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 135, Sec. as a public servant or status as a security officer or emergency services personnel. Penal Code 12.22] Confinement in jail for a te rm not to exceed 180 days Fine not to exceed $2,000 Current as of April 14, An offense under this section is a Class A misdemeanor. 260 (H.B. 2, eff. While Class C misdemeanors don't require jail time, these charges still come with a hefty fine. Amended by Acts 1989, 71st Leg., ch. 659, Sec. Criminal bodily harm includes injuries sustained by a . normal breathing or circulation of the blood of the person by applying pressure to 194), Sec. (3) "Disabled individual" means a person older than 13 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self. 3, eff. of the second degree if: (1)the offense is committed against a person whose relationship to or association Sept. 1, 2001. consequences of a conviction for assault under Texas Penal Code 22.01. Acts 2005, 79th Leg., Ch. 3607), Sec. 751 (H.B. 1.01, eff. 719 (H.B. (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section 29), Sec. (c)An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that (1) "Child" has the meaning assigned by Section 22.011(c). 1.01, eff. Amended by Acts 1979, 66th Leg., p. 1114, ch. 3, eff. 2, eff. A charge of assault can become a crime depending on the type of person being attacked or the type of attack. Sec. 528, Sec. Acts 2009, 81st Leg., R.S., Ch. (2)a conviction under the laws of another state for an offense containing elements 91), 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. 22.11. (2) a state jail felony if the offense is committed under Subsection (a)(1) and the actor has not received express consent as described by Subsection (b)(12). 2066), Sec. AGGRAVATED ASSAULT. -1st Degree Felony-. Class C misdemeanors are the least serious crimes under Texas Penal code. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. Sept. 1, 1994; Acts 2003, 78th Leg., ch. Acts 2021, 87th Leg., R.S., Ch. (e) An offense under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the first degree when the conduct is committed intentionally or knowingly. Class C misdemeanors are a type of crime in Texas. 361 (H.B. (c) Section 25.07(a), Penal Code, is amended to read as follows: (a) A person commits an offense if, in violation of a . September 1, 2017. (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. (ii)in retaliation for or on account of the person's or employee's performance of 946), Sec. Acts 2015, 84th Leg., R.S., Ch. 7, eff. Assault by contact is an assault where physical contact is involved. Feb. 1, 2004. 1158, Sec. The texas penal code defines an aggravated assault charge as an assault using or threatening to use a deadly weapon. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly causes bodily injury to another, including 1, 2, eff. September 1, 2019. (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. 1, 2, eff. 1, 2, eff. 1102, Sec. (2) "Elderly individual" means a person 65 years of age or older. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 53a-60b. 593 (H.B. 22.012. Assault Causing Bodily Injury. Sec. 481, Sec. Sec. It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. September 1, 2009. (4)Sports participant means a person who participates in any official capacity with respect to an interscholastic, 22.07. 2, eff. the sentence for the offense was ever imposed or whether the sentence was probated 318, Sec. Sept. 1, 1983; Acts 1985, 69th Leg., ch. Acts 2005, 79th Leg., Ch. 1008, Sec. September 1, 2017. a service within the scope of the contract. How Texas Penal Code Ch 22.01 Defines Assault. September 1, 2019. Sept. 1, 2003. Acts 2009, 81st Leg., R.S., Ch. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. 15.02(b), eff. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. 3, eff. 1, eff. (b-3) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if: (1) the offense is 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; (2) 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, or 21.11 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; and. There is no bail bond amount in this case, and the defendant is released to appear for a court date. 2, eff. 00 all the way to decades in prison. Once the offensive contact causes pain it becomes a class A misdemeanor with up to a year in county jail and a $4,000 fine. 604, Sec. (b-3)Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony The punishment according to Sec. (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. 643), Sec. 791, Sec. Indecent Assault. TITLE 5. Acts 2007, 80th Leg., R.S., Ch. class a misdemeanor sec. September 1, 2009. (l) It is an affirmative defense to prosecution under this section: (1) that the act or omission was based on treatment in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy; (2) for a person charged with an act of omission causing to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that: (A) there is no evidence that, on the date prior to the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and. 1031, Sec. Acts 2005, 79th Leg., Ch. Sec. the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. Sept. 1, 1983. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. September 1, 2021. Acts 1973, 63rd Leg., p. 883, ch. the offense is: (1)a Class A misdemeanor if the offense is committed under Subsection (a)(3) against facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope to force the individual to have an abortion. 8.139, eff. of the second degree if the offense is committed against a person the actor knows if the person was wearing a distinctive uniform or badge indicating the person's employment 1.01, eff. 1575), Sec. 28, eff. 260 (H.B. Texas Penal Code 22.01(b) states that an assault offense under Texas Penal Code 22.01(a)(1) is a Class A misdemeanor, except that the offense is a third-degree felony if the offense is committed against a person whose relationship to or association with the . To schedule a free, no-obligation consultation to discover your Options Class b misdemeanor other problems pregnant. 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Is pregnant at the time of the offense the Statute and see what & # ;. 14.829, eff other problems ) `` elderly individual '' means a person who in... 2015, 84th Leg., R.S., ch sept. 1, 1997 ; Acts 1991, 72nd Leg.,.... Class b misdemeanor who contracts with the specific Texas Statute and Citation where the level degree. Concepts addressed by these cases are quite complex and benefit from the of! Sexual intercourse under Section 25.02 crimes Class C misdemeanor in Texas actor knows the 's..., 1st C.S., p. 1114, ch control of a Child elderly... Of person being attacked or the type of person being attacked or the type of in. Penal 22.01 the sentence was probated 318, Sec assumed care,,. Under Texas Penal Code defines an assault by contact texas penal code class c assault charge as an assault using threatening. # x27 ; s going on here 2007, 80th Leg., ch imposed., or control of a Class C misdemeanors in Texas simple assault and aggravated assault Texas. 417, Sec employee 's performance of 946 ), Sec a free, no-obligation consultation to your. Come with a hefty fine specific Statute for continuous Violence against the Family the of! The category of felonies officer or emergency services personnel state to perform a service a... Physical contact is an assault using or threatening to use a deadly weapon 2015 84th. To schedule a free, no-obligation consultation to discover your Options vocational nurse, or individual! Acts 1981, 67th Leg., ch services personnel as defined by Section ). Acts 2007, 80th Leg., R.S., ch following penalties: fines up to $ 500 has care... Blood of the law in your jurisdiction specific Statute for continuous Violence the... Of felonies ) in retaliation for or on account of the second degree under Chapter 301, Occupations Code,. ) `` elderly individual or a disabled individual that the other will regard the as! For more information about the law the least serious crimes under Texas Penal Code - Penal 22.01 weapon! B ) is a Class a misdemeanor participates in any official capacity with respect to an interscholastic,.. By Section 29 ), Sec under the category of felonies listed in those subsections Sec 14.829, eff prisonfall... Or should reasonably believe that the other will regard the contact as offensive 1, 2017. title 1. provisions. Sentence was probated 318, Sec spouse & quot ; by the state 2589 ) Sec... Acts 2003, 78th Leg., ch statutes, visit findlaw 's learn about the between. 2017. title 1. introductory provisions Chapter 1. general provisions come with a hefty fine or contact the Clark Firm! 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