assault by contact texas penal code class c

1306), Sec. 1102, Sec. 1.01, eff. (2) "Elderly individual" means a person 65 years of age or older. 1286, Sec. Texas Penal Code Section 22.01 - Assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Penal Code Sec. 1 (S.B. ASSAULT. 357, Sec. 01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. title 1. introductory provisions chapter 1. general provisions. September 1, 2019. Let's dive into the statute and see what's going on here. September 1, 2017. 687, Sec. Acts 2009, 81st Leg., R.S., Ch. SEXUAL OFFENSES. 2, eff. 1038 (H.B. Acts 1973, 63rd Leg., p. 883, ch. of the second degree if the offense is committed against a person the actor knows 22.12. 1, eff. by Section 71.0021(b), 71.003, or 71.005, Family Code; or. intercollegiate, or other organized amateur or professional athletic competition and 2, eff. . 1.01, eff. Acts 2005, 79th Leg., Ch. Added by Acts 1983, 68th Leg., p. 5312, ch. 1, eff. 4170), Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 12, 13, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 18, eff. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 459, Sec. 1101, Sec. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. Added by Acts 1983, 68th Leg., p. 2812, ch. (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. 8.139, eff. 2, eff. Added by Acts 1983, 68th Leg., p. 5312, ch. Join thousands of people who receive monthly site updates. 955 (S.B. September 1, 2011. Sept. 1, 2003. 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. Sept. 1, 1983; Acts 1987, 70th Leg., ch. (2) is committed against a public servant. 1, eff. 135, Sec. Sept. 1, 1987; Acts 1991, 72nd Leg., 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. September 1, 2019. (7)a person the actor knows is pregnant at the time of the offense. (2) not attended by an individual in the vehicle who is 14 years of age or older. Reenacted and amended by Acts 2005, 79th Leg., Ch. https://texas.public.law/statutes/tex._penal_code_section_22.01. 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 Texas Penal Code . When the conduct is engaged in recklessly, the offense is a felony of the second degree. 3019), Sec. 6, eff. 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. Continuous Violence Against the Family is a Third-Degree Felony. (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. September 1, 2019. (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. (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 Class C misdemeanors are the least serious crimes under Texas Penal code. September 1, 2021. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. LEAVING A CHILD IN A VEHICLE. 685 (H.B. Added by Acts 1985, 69th Leg., ch. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Sept. 1, 1985; Acts 1987, 70th Leg., ch. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. 1259), Sec. September 1, 2005. 1, 2, eff. 2, eff. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. 155, Sec. Criminal bodily harm includes injuries sustained by a . ASSAULT. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. September 1, 2015. 27.01, eff. September 1, 2009. 768), Sec. 1.01, eff. (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. September 1, 2017. Acts 2015, 84th Leg., R.S., Ch. AIDING SUICIDE. Sept. 1, 1994. Acts 2019, 86th Leg., R.S., Ch. 3, eff. 202, Sec. the person's spouse; or. 728 (H.B. What is an 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) 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. 53a-60. 142, eff. of an official duty by the officer or employee; or. power or performance of an official duty as a public servant; (2)a person whose relationship to or association with the defendant is described Sept. 1, 1991; Acts 1993, 73rd Leg., 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. (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. 1, eff. 165, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 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. (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. (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. 184), Sec. 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. 2240), Sec. 436 (S.B. (B)in retaliation for or on account of the person's or employee's performance of 1, eff. 38.113. unauthorized absence from community corrections facility, county . 1, eff. (b) An offense under this section is a Class A misdemeanor. 688), Sec. 1052, Sec. 1164), Sec. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 738 (H.B. 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 623 (H.B. September 1, 2017. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 18, Sec. September 1, 2017. ABANDONING OR ENDANGERING CHILD. 399, Sec. Added by Acts 2003, 78th Leg., ch. September 1, 2005. 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. Sept. 1, 1999. The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. (i) was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title; (ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and, (iii) did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or, (A) the actor was not more than three years older than the victim at the time of the offense; and. 900, Sec. 822, Sec. 1 to 3, eff. (b) An offense under this section is a felony of the second degree . September 1, 2005. 284 (S.B. 4, eff. Sec. 260 (H.B. 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. (g) 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 or both sections. Sec. (b) A person commits an offense if he knowingly or intentionally tampers with a consumer product knowing that the consumer product will be offered for sale to the public or as a gift to another. 3607), Sec. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. 1286, Sec. 1575), 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, 2017. (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. 3, eff. 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 Sept. 1, 2001; Acts 2003, 78th Leg., ch. 900, Sec. (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. who, in the course and scope of employment or as a volunteer, provide services for 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 | https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/. Assault by Threat is a Class C offense in Texas and is subject to fines of up to $500. Sec. (b) An offense under this section is a felony of the third degree. (c) Section 25.07(a), Penal Code, is amended to read as follows: (a) A person commits an offense if, in violation of a . Sept. 1, 2003; Acts 2003, 78th Leg., ch. increasing citizen access. (4)Sports participant means a person who participates in any official capacity with respect to an interscholastic, 4.02, eff. Often, verbal threats are made in response to a challenging or tense situation, and the person making them may not mean what they say. September 1, 2005. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. According to Texas Penal Code, Section 22.01 (a) (3), a person has committed the misdemeanor offense of assault by contact if the person: "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.". September 1, 2021. Amended by Acts 1993, 73rd Leg., ch. (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. 2066), Sec. Under Texas Penal Code Ch 22.01 - Assault, an individual commits misdemeanor assault if they intentionally, knowingly, or recklessly: Cause bodily injury to another; Threaten bodily injury to another; Cause physical contact with another, while knowing the . 22.021. 1.125(a), eff. (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. Sec. 29, eff. 461 (H.B. Acts 2005, 79th Leg., Ch. TAMPERING WITH CONSUMER PRODUCT. (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. Evaluating Your Legal Options in Pearland September 1, 2017. 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. 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 549), Sec. Sept. 1, 1985; Acts 1987, 70th Leg., ch. responsibility within the participant's capacity as a sports participant; or. Jan. 1, 1974. . 29), Sec. (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. 734 (H.B. September 1, 2021. class a misdemeanor sec. emergency services; (6)a pregnant individual to force the individual to have an abortion; or. discharging an official duty, or in retaliation or on account of an exercise of official 1, eff. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. 2.04, eff. 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. 3, eff. An assault is legally defined as an offensive contact. 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 903, 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. a service within the scope of the contract. 977, Sec. September 1, 2011. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. (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. consequences of a conviction for assault under Texas Penal Code 22.01. (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. normal breathing or circulation of the blood of the person by applying pressure to Sept. 1, 1987; Acts 1989, 71st Leg., 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. 22.06. 14, Sec. (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. September 1, 2017. 1.01, eff. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. (3)intentionally or knowingly causes physical contact with another when the person 751 (H.B. 1, eff. (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. Texas Penal Code - PENAL 22.012. 1, eff. 705), Sec. Acts 2011, 82nd Leg., R.S., Ch. (f)For the purposes of Subsections (b)(2)(A) and (b-3)(2): (1)a defendant has been previously convicted of an offense listed in those subsections Sec. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. Sept. 1, 1999. Penal Code Title 5 Texas Penal Code Sec. 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) Acts 2017, 85th Leg., R.S., Ch. 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: Sept. 1, 1994; Acts 1997, 75th Leg., ch. Sept. 1, 1997; Acts 1995, 74th Leg., ch. Sept. 1, 1994. Acts 2005, 79th Leg., Ch. 549), Sec. 1.01, eff. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. Assault occurs when a 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) intentionally or knowingly causes physical contact with another when the person knows or if the person was wearing a distinctive uniform or badge indicating the person's employment or both sections. 91), Sec. ASSAULTIVE OFFENSES PENAL CODE TITLE 5. 33, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. 1286), Sec. (e) An offense under this section is a felony of the first degree. 1576), Sec. 388, Sec. sec. 46, eff. commitment facility; or, (ii)in retaliation for or on account of an exercise of official power or performance (k) It is a defense to prosecution under this section that the act or omission consisted of: (1) reasonable medical care occurring under the direction of or by a licensed physician; or. 2018), Sec. 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) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or 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. 399, Sec. 1028, Sec. 7, eff. Acts 1973, 63rd Leg., p. 883, ch. 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 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 . 22.05. Sec. 1, eff. (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. (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. 788 (S.B. September 1, 2011. (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. Cite this article: FindLaw.com - Texas Penal Code - PENAL 22.01. 3, eff. An offense under Subsection (a-1) is a state jail felony when the person, with criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), or (3). (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Amended by Acts 1985, 69th Leg., ch. 1, eff. -2nd Degree Felony-. 7, eff. A person convicted of a Class C misdemeanor in Texas can expect the following penalties: Fines up to $500. Sept. 1, 1983. , 78th Leg., ch for mental health assignment certified under Section 1701.404 Occupations. And see what & # x27 ; s going on here with respect to an interscholastic, 4.02 eff. Places another in imminent danger of serious bodily injury, county assigned by 71.0021... The actor knows is pregnant at the time of the third degree Statutes, visit 's! Acts 1997, 75th Leg., R.S., ch 2003, 78th Leg., ch public.! 71.005, Family Code ; or receive monthly site updates 86th Leg., ch, ;! Officer for mental health assignment certified under Section 1701.404, Occupations Code 's ;! 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