(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. 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. 38.111. improper contact with victim sec. L/D - Level and . In fact, class C misdemeanors do not require any jail time. Sept. 1, 2003. 29), Sec. 1.125(a), eff. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2003, 78th Leg., ch. (C) the victim is an elderly individual or a disabled individual. A person convicted of a misdemeanor in Texas faces the following penalties: for a Class A misdemeanor, up to one year in jail and a $4,000 fine for a Class B misdemeanor, up to 180 days in jail and a $2,000 fine, and for a Class C misdemeanor, up to a $500 fine. (2) "Spouse" means a person who is legally married to another. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 2, eff. (b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01. 667), Sec. 1.01, eff. 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) 497, Sec. 2, eff. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. 3, eff. 366, Sec. 549), Sec. 1, eff. 1420, Sec. 977, Sec. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (1) "Child" means a person 14 years of age or younger. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, 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 . Acts 2007, 80th Leg., R.S., Ch. 1101, Sec. 719 (H.B. ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. 164, Sec. 1, eff. September 1, 2005. September 1, 2019. 436 (S.B. (1) "Child" has the meaning assigned by Section 22.011(c). Assault by Threat is a Class C offense in Texas and is subject to fines of up to $500. 14.829, eff. 4, eff. Jan. 1, 1974. 27.01, eff. 2066), Sec. September 1, 2009. ASSAULTIVE OFFENSES 22.01. The current Texas law defines the offense of Assault in Penal Code Section 22.01 as follows: [1] (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; In addition, that are substantially similar to the elements of an offense listed in those subsections 858 (H.B. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. (a) A person commits an offense if the person commits assault as defined in 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. September 1, 2015. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 399, Sec. 1 to 3, eff. 399, Sec. 22.01, assault covers three different types of actions. 1028, Sec. Acts 2005, 79th Leg., Ch. 461 (H.B. 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) (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. (b) An offense under this section is a Class A misdemeanor. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 24), Sec. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. 14, Sec. Domestic assault is a Class A misdemeanor if the contact caused pain (such as a slap), left physical marks (such as cuts or bruises) or resulted in lasting . (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. (3)a Class A misdemeanor if the offense is committed against a pregnant individual (2) "Process server" has the meaning assigned by Section 156.001, Government Code. performance of an official duty as a peace officer or judge. by Section 71.0021(b), 71.003, or 71.005, Family Code; or. Sec. September 1, 2017. 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: Texas Misdemeanor Crimes Class C Misdemeanors in Texas. 1, eff. Texas Penal Code - PENAL 22.012. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the the person's spouse; or. 2018), Sec. Acts 2019, 86th Leg., R.S., Ch. 1, eff. Sept. 1, 2003. 481, Sec. 1259), Sec. 1, eff. (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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. 3019), Sec. 29), Sec. TITLE 5. 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). Assault in Texas is defined in Penal Code Chapter 22 and covers everything from a class C offensive touching to a first-degree aggravated assault punishable by up to life in prison. (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. (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. 2, eff. 1576), Sec. September 1, 2009. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1.01, eff. 14, Sec. Acts 2021, 87th Leg., R.S., Ch. (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. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. 1, eff. 1006, Sec. 1, eff. 436 (S.B. Acts 2019, 86th Leg., R.S., Ch. Class C misdemeanors are the least serious crimes under Texas Penal code. of the contract, if the actor knows the person or employee is authorized by government (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. Sec. 2, eff. 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. 3, eff. 1, eff. (last accessed Jun. 22.04. September 1, 2005. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 2, eff. (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. 687, Sec. September 1, 2017. 76, Sec. (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. (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. (1) "Child" means a person younger than 17 years of age. 1, eff. Sept. 1, 2003. 1, 2, eff. (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. 1, eff. 1808), Sec. (a) In this section: (1) "Consumer Product" means any product offered for sale to or for consumption by the public and includes "food" and "drugs" as those terms are defined in Section 431.002, Health and Safety Code. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. September 1, 2017. 1164), Sec. 357, Sec. Acts 2021, 87th Leg., R.S., Ch. 2, eff. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. (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. Texas Disciplinary Rules of Professional Conduct, the attorney . September 1, 2007. (b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against: (1) 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; (2) 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: (A) 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, 21.11, or 25.11 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; or. 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