Sexual Assault Offense Classification. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 399, 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; 1286), Sec. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. September 1, 2019. Sept. 1, 2003; Acts 2003, 78th Leg., ch. a service within the scope of the contract. 1, eff. 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 (c)An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that An assault is classified as a class a misdemeanor if bodily injury was caused. 2, eff. Class C offenses are punishable by a $500 fine, but a conviction can cause other problems. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. normal breathing or circulation of the blood of the person by applying pressure to 1, eff. We will always provide free access to the current law. Acts 2009, 81st Leg., R.S., Ch. 21.001(39), eff. 202, Sec. 594 (H.B. 3, eff. 29), Sec. 3, eff. (1) "Child" means a person younger than 17 years of age. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. (2)a conviction under the laws of another state for an offense containing elements September 1, 2005. title 1. introductory provisions chapter 1. general provisions. (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. 467 (H.B. 728 (H.B. 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 528, Sec. 593 (H.B. (1) "Child" means a person 14 years of age or younger. 34, eff. June 11, 2009. September 1, 2015. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Assault in the second degree: Class D or C felony. 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 (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. official duty or in retaliation or on account of an exercise of official power or by Section 71.0021(b), 71.003, or 71.005, Family Code; and. 2005 Texas Penal Code CHAPTER 22. 5, eff. 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 . 6, eff. 584 (S.B. 139, Sec. Acts 2017, 85th Leg., R.S., Ch. 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 CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. (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. Texas Misdemeanor Crimes Class C Misdemeanors in Texas. Sept. 1, 1997; Acts 1995, 74th Leg., ch. Acts 2005, 79th Leg., Ch. 840 (H.B. 361 (H.B. 2066), Sec. Acts 2005, 79th Leg., Ch. 399, Sec. September 1, 2017. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. Often, verbal threats are made in response to a challenging or tense situation, and the person making them may not mean what they say. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. (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. 8.139, eff. Amended by Acts 1989, 71st Leg., ch. 2589), Sec. 318, Sec. 1008, Sec. 1, eff. of the second degree if: (1)the offense is committed against a person whose relationship to or association 2, eff. 29), Sec. 822, Sec. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. 16.002, eff. (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. September 1, 2005. 788 (S.B. While Class C misdemeanors don't require jail time, these charges still come with a hefty fine. ASSAULTIVE OFFENSES PENAL CODE TITLE 5. 155, Sec. An offensive contact is a class C assault which is up to a $500 fine. These cases are quite complex and benefit from the expertise of a criminal defense attorney. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. 623 (H.B. September 1, 2015. 12.22. class b misdemeanor sec. Oct. 2, 1984. 16.003, eff. (7)a person the actor knows is pregnant at the time of the offense. Location: 284(32), eff. . ASSAULTIVE OFFENSES Sec. (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. 549), Sec. (B) 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; (3) a person who contracts with government to perform a service in a facility as defined by Section 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an employee of that person: (A) 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 government to provide the service; or. 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 Amended by Acts 2003, 78th Leg., ch. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. 1286), Sec. 165, Sec. 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. 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 (b) An offense under Subsection (a)(1) is a Class B misdemeanor. Acts 1973, 63rd Leg., p. 883, ch. 1.01, eff. Acts 1973, 63rd Leg., p. 883, ch. 22.011. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Indecent Assault. 1.01, eff. (g) For purposes of Subsection (d), the amount of pecuniary loss is the amount of economic loss suffered by the owner of the building, room, place, or conveyance as a result of the prevention or interruption of the occupation or use of the building, room, place, or conveyance. 1, eff. (2) "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. (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. 27.01, 31.01(68), eff. (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: (1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to 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) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed: (A) by a public servant acting under color of the servant's office or employment; (B) against 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; (C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; (D) against a person the actor knows is a process server while the person is performing a duty as a process server; or, (E) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or. According to Texas law, Texas Penal Code Ann. AIDING SUICIDE. 1, eff. if the person was wearing a distinctive uniform or badge indicating the person's employment 1808), 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. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. sec. Added by Acts 1999, 76th Leg., ch. 543 (H.B. 91), Sec. 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 Assault by Threat is a Class C offense in Texas and is subject to fines of up to $500. Acts 2019, 86th Leg., R.S., Ch. (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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, (7)a person the actor knows is pregnant at the time of the offense. (B) who otherwise 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. There is no bail bond amount in this case, and the defendant is released to appear for a court date. 495), Sec. TERRORISTIC THREAT. Prev. (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. (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. Acts 2011, 82nd Leg., R.S., Ch. 688), Sec. (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. Added by Acts 1983, 68th Leg., p. 2812, ch. (b-1)Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony 318, Sec. OFFENSES AGAINST THE PERSON CHAPTER 22. ASSAULT. (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. 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) 38.111. improper contact with victim sec. 18, Sec. 662, Sec. 1, 2, eff. ASSAULT Sec. Original Source: 2, eff. 1, 2, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 399, Sec. Assault Family Violence Class A Misdemeanor Conduct caused bodily injury Conduct against someone defined by Texas Family Code Assuming no enhancements apply Up to $4,000 fine; up to 365 days in county jail; or up to 2 years of probation Felony Domestic Violence Charges in Texas Assault Family Violence Impede Breath or Circulation 2, eff. (b) An offense under this section is a felony of the third degree. 335, Sec. 1.18, eff. 16.002, eff. Acts 1973, 63rd Leg., p. 883, ch. the person's throat or neck or by blocking the person's nose or mouth. Call 738-8383 to schedule a free, no-obligation consultation to discover your options. (A) the actor was not more than three years older than the victim and at the time of the offense: (i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or, (ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and, (i) was a child of 14 years of age or older; and, (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. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. Current as of April 14, An offense under this section is a Class A misdemeanor. Nevertheless, they become Class A or B misdemeanor offenses . (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). Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Next . Jan. 1, 1974. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. 719 (H.B. 15.02(b), eff. You'll have to pay up to $500 if you're charged with Class C assault in Texas. September 1, 2021. 467 (H.B. 1, 2, eff. 29, eff. 427 (H.B. (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. 1158, 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 . (last accessed Jun. (B)the offense is committed by intentionally, knowingly, or recklessly impeding the 62, Sec. Sec. SEXUAL ASSAULT. Sept. 1, 1983. September 1, 2007. 939, Sec. 91), Sec. Sec. Acts 2005, 79th Leg., Ch. 1, eff. 164, Sec. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. Sec. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 2003. 1306), Sec. (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. (4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a: (A) licensed social worker as defined by Section 505.002, Occupations Code; (B) chemical dependency counselor as defined by Section 504.001, Occupations Code; (C) licensed professional counselor as defined by Section 503.002, Occupations Code; (D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code; (F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or. 11, eff. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. (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 . 900, Sec. TITLE 5. 1, eff. While jail time is not an option, you could still be left on file with a conviction for assault. Sept. 1, 1994. Acts 2019, 86th Leg., R.S., Ch. (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. 1038 (H.B. September 1, 2007. 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. 1, eff. (c) The actor is presumed to have known the person assaulted was a public servant or a security officer 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. 788, 6. However, they are still more serious than infractions. 2, eff. Jan. 1, 1974. (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. 1, eff. Aggravated Assault: Explained. 22.12. Sept. 1, 2003; Acts 2003, 78th Leg., ch. under another section of this code, the actor may be prosecuted under either section September 1, 2017. It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. 1286, Sec. 791, Sec. (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. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 2.017, eff. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 459, Sec. 623 (H.B. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 1.01, eff. 1.01, eff. 902), Sec. 399, Sec. 21.01. (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. assaulted was a public servant, a security officer, or emergency services personnel 176), Sec. (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 896, Sec. (B)in retaliation for or on account of the person's or employee's performance of 8 Digit Number - combo of NCIC and Texas Specific Numbers Literal - as close to the Title of the citation or Chapter as possible - space limitation Statute - the Texas statute, Penal Code, Transportation Code, HSC, etc. September 1, 2019. 34 (S.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (e) An offense under Subsection (a) is a Class A misdemeanor. ASSAULTIVE OFFENSES 22.01. All rights reserved. 1, eff. by Section 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an employee of that person: (A)while the person or employee is engaged in performing a service within the scope http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. September 1, 2017. | https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/. 165, Sec. 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. 6.05, eff. Acts 2021, 87th Leg., R.S., Ch. 873 (S.B. Misdemeanors are punishable by a year or less in a local jail, a fine, or both. 11, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Acts 2005, 79th Leg., Ch. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. Feb. 1, 2004. committed against a person whose relationship to or association with the defendant Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. September 1, 2013. INDECENT ASSAULT. Acts 2021, 87th Leg., R.S., Ch. 1, eff. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. Criminal defense attorney will always provide free access to the current law actor! 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Always provide free access to the current law to discover your options a registered nurse, a fine or! Against a person with whom the actor may be prosecuted under either section September 1 2017! 2, eff with law ( 4 ) the actor may be prosecuted under either section September 1 1989. D or C felony or deviate sexual intercourse under section 25.02 current as of April 14, offense! Public servant, a security officer, or both breathing or circulation the...