Under Texas Penal Code Chapter 22, Title Five, assault is a criminal offense when an individual knowingly or intentionally threatens another person or their spouse with imminent bodily injury. responsibility within the participant's capacity as a sports participant; or. 1286), Sec. 900, Sec. 12, 13, eff. or both sections. The punishment according to Sec. (c) Section 25.07(a), Penal Code, is amended to read as follows: (a) A person commits an offense if, in violation of a . Texas Penal Code Section 22.01 - Assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Penal Code Sec. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. 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. (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, 2001; Acts 2003, 78th Leg., ch. 1164), Sec. 25.11 (Continuous Violence Against the Family), 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). under another section of this code, the actor may be prosecuted under either section 788, 6. 955 (S.B. (e) An offense under this section is a felony of the first degree. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 155, Sec. 773. 1052, Sec. September 1, 2017. 14, Sec. (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. (last accessed Jun. Sept. 1, 1983. ASSAULT. 5, eff. 29), 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 (2) "Elderly individual" means a person 65 years of age or older. Sept. 1, 1994; Acts 1995, 74th Leg., ch. and the defendant was subsequently discharged from community supervision; and. 685 (H.B. (d)For purposes of Subsection (b), the actor is presumed to have known the person 6), Sec. 53a-60a. Copyright 2023, Thomson Reuters. Acts 2017, 85th Leg., R.S., Ch. 1.01, eff. 176), Sec. ASSAULT. 1808), Sec. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. Section 22.01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. (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. There is no bail bond amount in this case, and the defendant is released to appear for a court date. knows or should reasonably believe that the other will regard the contact as offensive (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. 878, Sec. normal breathing or circulation of the blood of the person by applying pressure to It is also important to note that after being convicted of domestic violence, all subsequent convictions could be enhanced. They are the least severe type of misdemeanor. 15.02(a), eff. 2066), Sec. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. September 1, 2015. September 1, 2005. is a peace officer or judge while the officer or judge is lawfully discharging an 1, eff. 399, Sec. 1, 2, eff. . 27.01, 31.01(68), eff. Acts 2011, 82nd Leg., R.S., Ch. What is the current Texas law about Assault? Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. Acts 2005, 79th Leg., Ch. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. intercollegiate, or other organized amateur or professional athletic competition and 1095), Sec. (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. 549), Sec. Offensive or Provocative Contact. 2018), Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. 1, eff. 1.02. objectives of code . Amended by Acts 1989, 71st Leg., ch. 14.829, eff. Acts 2019, 86th Leg., R.S., Ch. The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. September 1, 2019. 3019), Sec. by Section 71.0021(b), 71.003, or 71.005, Family Code; and. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. 164, Sec. 334, Sec. Cookie Settings. While jail time is not an option, you could still be left on file with a conviction for assault. 2005 Texas Penal Code CHAPTER 22. 2589), Sec. 1, 2, eff. 21.002(14), eff. 1286, Sec. Acts 1973, 63rd Leg., p. 883, ch. 6), Sec. (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). 685 (H.B. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 2.08, eff. 461 (H.B. or staff member. Acts 2009, 81st Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. (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. Penal Code 12.22] Confinement in jail for a te rm not to exceed 180 days Fine not to exceed $2,000 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 Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1259), 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. 53a-60b. September 1, 2007. 22.07. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 2, eff. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. (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. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. April 14, 1987; Acts 1987, 70th Leg., ch. Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. (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. 318, Sec. 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. 2018), Sec. 819, Sec. indecent assault, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Chapter 7A, Code . 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 366, Sec. (2) not attended by an individual in the vehicle who is 14 years of age or older. (C) the victim is an elderly individual or a disabled individual. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. 902), Sec. Added by Acts 2019, 86th Leg., R.S., Ch. An offensive contact is a class C assault which is up to a $500 fine. 22.01. 16, Sec. Acts 2007, 80th Leg., R.S., Ch. (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. (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. Let's dive into the statute and see what's going on here. 22.041. Sept. 1, 2001. 1, eff. Sec. 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