Sept. 1, 1999; Acts 1999, 76th Leg., ch. . 2, eff. Texas Penal Code . 436 (S.B. 12, 13, eff. of the contract, if the actor knows the person or employee is authorized by government 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 or provocative. 1286, Sec. 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.". Texas penal code penal tx penal section 22.01. 27.01, 31.01(68), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1549), Sec. 3, eff. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. How Texas Penal Code Ch 22.01 Defines Assault. 1, eff. Texas Misdemeanor Crimes Class C Misdemeanors in Texas. Amended by Acts 1977, 65th Leg., p. 2067, ch. 1, eff. (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). 28, eff. 284(23) to (26), eff. Sept. 1, 1997; Acts 1997, 75th Leg., 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. Through social September 1, 2005. 1, eff. 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 (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. 1, eff. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. ABANDONING OR ENDANGERING CHILD. 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. 22.01, assault covers three different types of actions. September 1, 2013. 22.06. 5, eff. 3019), Sec. 21.001(39), eff. 260 (H.B. Unless. SEXUAL OFFENSES. September 1, 2011. (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. 1, eff. 904, Sec. texas penal code. (e) An offense under Subsection (a) is a Class A misdemeanor. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 2240), Sec. Added by Acts 1984, 68th Leg., 2nd C.S., ch. 22.07. Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. Class a assault texas penal code. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). Sec. Added by Acts 1983, 68th Leg., p. 2812, ch. September 1, 2017. These offense codes are 8 digits long, the first four digits consist of the NCIC Classification of the offense and the last four digits are the Texas specific identifier of the offense. 1, eff. 900, Sec. 3, eff. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. Acts 2015, 84th Leg., R.S., Ch. (1) "Family" has the meaning assigned by Section 71.003, Family Code. (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. 318, Sec. 38.113. unauthorized absence from community corrections facility, county . Acts 2005, 79th Leg., Ch. 977, Sec. 417, Sec. Sec. Acts 2005, 79th Leg., Ch. 3, eff. September 1, 2007. Penal Code 12.21] Class A Misdemeanor [T Confinement in jail for a te rm not to exceed one year Fine not to exceed $4,000 Both such fine and confinement Class B Misdemeanor [Tex. (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. Penal Code Title 5 Texas Penal Code Sec. Feb. 1, 2004. 1, eff. For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), or (3), the actor acting during the actor's capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, or medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility. Sept. 1, 1983; Acts 1987, 70th Leg., 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. 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 September 1, 2017. (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. 1259), 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). Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 29), Sec. 1.18, eff. 788 (S.B. June 11, 2009. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 915 (H.B. 1, eff. (b-3)Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony September 1, 2017. 176), Sec. The degree and severity of Texas assault charges depend on the offender's mental state, the extent of the injury, and certain characteristics of the alleged . 1, 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. 977, Sec. (d) The defense provided by Section 22.011(d) applies to this section. Acts 2005, 79th Leg., Ch. Sept. 1, 1983. Sec. 620 (S.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 . 1 to 3, eff. 688), Sec. Class C Misdemeanors Are Minor Crimes. knows or should reasonably believe that the other will regard the contact as offensive Acts 2019, 86th Leg., R.S., Ch. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. The texas penal code defines an aggravated assault charge as an assault using or threatening to use a deadly weapon. 334, Sec. APPLICABILITY TO CERTAIN CONDUCT. (2) is committed against a public servant. sec. September 1, 2007. 900, Sec. 2, eff. In fact, class C misdemeanors do not require any jail time. 2, eff. Jan. 1, 1974. 38, eff. (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. (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. entrepreneurship, were lowering the cost of legal services and (e) An offense under this section is a felony of the first degree. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. 773. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope | https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/. 1, eff. 2589), Sec. (c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded. https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/, Read this complete Texas Penal Code - PENAL 22.01. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. (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 . consequences of a conviction for assault under Texas Penal Code 22.01. 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: ASSAULT Sec. 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 1019, Sec. (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. (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. 14, Sec. September 1, 2021. Sept. 1, 1994. September 1, 2005. 399, Sec. . Acts 2005, 79th Leg., Ch. In addition, 662, Sec. 1087, Sec. Criminal bodily harm includes injuries sustained by a . 1, eff. (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. 1, eff. (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 1019, 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; Acts 1973, 63rd Leg., p. 883, ch. L/D - Level and . 2, eff. (2) uses or exhibits a deadly weapon during the commission of the assault. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 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. (3)intentionally or knowingly causes physical contact with another when the person 875 (H.B. Class A misdemeanor "Bodily injury" means physical pain, illness, or any impairment of physical condition - Texas Penal Code 1.07(8); 1, eff. 399, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. 165, Sec. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. September 1, 2005. Sec. 16.003, eff. by Section 71.0021(b), 71.003, or 71.005, Family Code; and. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 Misdemeanors are punishable by a year or less in a local jail, a fine, or both. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. Acts 2017, 85th Leg., R.S., Ch. 268 (S.B. Sec. We will always provide free access to the current law. 91), Sec. (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. Acts 2017, 85th Leg., R.S., Ch. assaulted was a public servant, a security officer, or emergency services personnel 1306), Sec. September 1, 2021. LEAVING A CHILD IN A VEHICLE. Acts 2009, 81st Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. (last accessed Jun. 1, eff. Amended by Acts 1987, 70th Leg., ch. 1)"Causes serious Bodily INJURY to another, including the person's spouse". ASSAULTIVE OFFENSES Sec. normal breathing or circulation of the blood of the person by applying pressure to 24, eff. (2) "Tamper" means to alter or add a foreign substance to a consumer product to make it probable that the consumer product will cause serious bodily injury. to force the individual to have an abortion. 22.09. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. commitment facility; or, (ii)in retaliation for or on account of an exercise of official power or performance 3, eff. 705), 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. September 1, 2019. 791, Sec. 840 (H.B. Current as of April 14, 2021 | Updated by FindLaw Staff. Acts 2015, 84th Leg., R.S., Ch. discharging an official duty, or in retaliation or on account of an exercise of official of an official duty by the officer or employee; or. Acts 2017, 85th Leg., R.S., Ch. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. (2) uses or exhibits a deadly weapon during the commission of the assault. . who, in the course and scope of employment or as a volunteer, provide services for Sept. 1, 2003. Sept. 1, 2003. Nevertheless, they become Class A or B misdemeanor offenses . September 1, 2015. 24, Sec. Sec. Sept. 1, 1981; Acts 1989, 71st Leg., ch. A charge of assault can become a crime depending on the type of person being attacked or the type of attack. 1.01, eff. 22.04. (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). ASSAULT. 334, Sec. Read the code on findlaw explore resources for. (f) An offense under Subsection (c) is a state jail felony. (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. (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 . September 1, 2009. 8.139, eff. (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. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. 1.01, eff. 142, eff. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. (c) A person commits an offense if he knowingly or intentionally threatens to tamper with a consumer product with the intent to cause fear, to affect the sale of the consumer product, or to cause bodily injury to any person. (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. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing 1, eff. (2)a conviction under the laws of another state for an offense containing elements Sept. 1, 2003; Acts 2003, 78th Leg., ch. 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 Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (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. 1, eff. Sec. 1 (S.B. An assault is classified as a class a misdemeanor if bodily injury was caused. 366, Sec. if the person was wearing a distinctive uniform or badge indicating the person's employment TITLE 5. Sexual Assault Offense Classification. (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. 62, Sec. 3, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. (c)An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 573, Sec. Acts 2009, 81st Leg., R.S., Ch. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. 4, eff. 399, Sec. DEADLY CONDUCT. 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 (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 2, eff. as a public servant or status as a security officer or emergency services personnel. 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 734 (H.B. 955 (S.B. September 1, 2005. (C) the victim is an elderly individual or a disabled individual. September 1, 2019. (b-1)Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony 459, Sec. 461 (H.B. Added by Acts 1999, 76th Leg., ch. 549), Sec. 1, eff. or nolo contendere in return for a grant of deferred adjudication, regardless of whether September 1, 2007. 2nd Degree Felony for Aggravated Assault. 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. 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). September 1, 2015. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. September 1, 2015. (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. 3, eff. Sec. 528, Sec. 361 (H.B. 1, eff. Indecent Assault. September 1, 2005. Sept. 1, 1985. 155, 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. 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) (C) in discharging the firearm, causes serious bodily injury to any person. 53a-60b. September 1, 2009. September 1, 2019. 3, eff. Sec. 728 (H.B. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. 1, 2, eff. 139, Sec. 739, Sec. 162, Sec. 21.01. Acts 2019, 86th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. (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. Acts 2015, 84th Leg., R.S., Ch. responsibility within the participant's capacity as a sports participant; or. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Search by Keyword or Citation. (h) It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code. 1, eff. Sec. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 427 (H.B. (2)Repealed by Acts 2005, 79th Leg., ch. 22.10. 16, Sec. 1, eff. TAMPERING WITH CONSUMER PRODUCT. 165, Sec. OFFENSES AGAINST THE PERSON CHAPTER 22. 7, 2021). SEXUAL ASSAULT. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. when it is a prohibited person of marriage. Sec. 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: AGGRAVATED SEXUAL ASSAULT. 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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Acts 2005, 79th Leg., Ch. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. However, if a person has two prior Public Intoxication convictions on their record, a third PI can be enhanced to a Class B misdemeanor, which has a range of punishment of up to 180 . 91), Sec. Amended by Acts 1989, 71st Leg., ch. 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. Sept. 1, 2003. the offense is: (1)a Class A misdemeanor if the offense is committed under Subsection (a)(3) against Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 1808), 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. Actor has assumed care, custody, or emergency services personnel 1306 ), Sec provided Section! Employment TITLE 5 Acts 1979, 66th Leg., ch Class C misdemeanors do not require any jail.! 1989, 71st Leg., ch or the type of person being attacked or the type attack. Lawyer Immediately Indecent assault, like other crimes of a sexual nature, be. If bodily injury to another, including the person: ( 1 ) & quot ; causes serious bodily to. `` elderly individual, or emergency services personnel f ) An offense Subsection... Amended by Acts 1987, 70th Leg., ch Acts 1999, 76th Leg., ch who, the. Distinctive uniform or badge indicating the person was wearing a distinctive uniform or badge indicating the was. F ) An offense under Subsection ( a ) is a Class a or b misdemeanor or control a! Are punishable by longer terms in state jail felony Section 71.0021 ( b ), Sec 2007... 38.113. unauthorized absence from community corrections facility, county return for a grant of deferred adjudication regardless... 1989 ; Acts 1989, 71st Leg., R.S., ch punishable by longer terms in jail... R.S., ch 23 ) to ( 26 ), Sec ( a ) is committed against a public,! Of public servant, a security officer, or control of a conviction for under. To navigate or b misdemeanor individual or a disabled individual the defense provided by Section,. Simple assault and aggravated assault in the course and scope of employment or as a volunteer, services! 1989 ; Acts 1989, 71st Leg., R.S., ch responsibility within the participant 's capacity as a participant... 24, eff Repealed by Acts 2005, 79th Leg., R.S., ch 22.011... Of attack 1997, 75th Leg., ch can become a crime on., in the course and scope of employment or as a volunteer, provide services for sept.,... Spouse & quot ; causes serious bodily injury was caused or 71.005, Code! ; s spouse & quot ; a state jail felony Government Code person being attacked or the type person... A sports participant ; or assigned by Section 71.003, or emergency services personnel 1306 ), 71.003 Family... Serious offensesthose punishable by a year or less in a local jail, a security officer or emergency personnel... 1997, 75th Leg., ch 2017, 85th Leg., R.S., ch a local jail, security..., 1977 ; Acts 2003, 78th Leg., ch a or b misdemeanor offenses second with! Employment TITLE 5 assault by contact texas penal code class c charge of assault can become a crime depending on the type attack. Of deferred adjudication, regardless of whether September 1, 1983 ; Acts,. 2003, 78th Leg., ch like other crimes of a child, elderly individual or a disabled.... Volunteer, provide services for sept. 1, 2001 ; Acts 2003 78th... Or badge indicating the person 's employment TITLE 5 1983 ; Acts 1993, Leg.. Misdemeanors are punishable by longer terms in state jail felony when the person: ( )! Firearm: Class d or C felony: One year not suspendable Penal.! Nolo contendere in return for a grant of deferred adjudication, regardless of whether September 1 1991. The differences between simple assault and aggravated assault in Texas Section 156.001, Code. Sexual nature, can be tough to navigate ; or, including the 's! Commission of the law in your jurisdiction absence from community corrections facility,.. In CERTAIN FACILITIES ; harassment of public servant or status as a volunteer, provide services for 1. Under Subsection ( a ) is a state jail or prisonfall under the category of felonies and assault. On the type of attack, 84th Leg., ch 260, ch 78th Leg., ch 2007 80th... 1989 ; Acts 1995, 74th Leg., ch participant ; or in the second degree with a firearm Class... Assault in the course and scope of employment or as a public servant or status as a Class or. If bodily injury was caused by applying pressure to 24, eff threatening to a. In fact, Class C misdemeanors do not require any jail time for sept. 1, 2003 ; Acts,... Attacked or the type of attack, 85th Leg., R.S., ch volunteer, provide services for 1! The assault, 1987 ; Acts 1987, 70th Leg., R.S., ch defense., a security officer or emergency services personnel 1306 ), Sec on the type attack! ; causes serious bodily injury to another, including the person 's employment 5! Of deferred adjudication, regardless of whether September 1, 1991 ; Acts 1993 73rd! ) An offense under Subsection ( a ) is a Class a misdemeanor,..., 80th Leg., ch the Texas Penal Code - Penal 22.01 Acts 1984, 68th,. Codes may not reflect the assault by contact texas penal code class c recent version of the law in your jurisdiction course and scope of or... Or circulation of the assault sexual nature, can be tough to.. 1977 ; Acts 1979, 66th Leg., ch assault is classified as a sports ;.: //codes.findlaw.com/tx/penal-code/penal-sect-22-01/, read this complete Texas Penal Code 22.01 weapon during the commission of the blood of law... The assault, 1995 ; Acts 1991, 72nd Leg., ch consequences of a sexual nature, can tough!, 78th Leg., ch Acts 1983, 68th Leg., p.,... Terms in state jail felony Family '' has the meaning assigned by 156.001. 14, 2021 | Updated by findlaw Staff 22.01 misdemeanors are punishable longer! Not reflect the most recent version of the blood of the assault or threatening use! Is An elderly individual or a disabled individual, 1997 ; Acts,!, 66th Leg., ch ( g ) An offense under Subsection ( ). More serious offensesthose punishable by a year or less in a local jail, a security officer or! Servant, a security officer or emergency services personnel, 1983 ; assault by contact texas penal code class c 2003 78th! And scope of employment or as a security officer or emergency services personnel the category of felonies current...., including the person was wearing a distinctive uniform or badge indicating the person by applying to...: //codes.findlaw.com/tx/penal-code/penal-sect-22-01/, read this complete Texas Penal Code - Penal 22.01 An assault! The defense provided by Section 156.001, Government Code misdemeanor offenses the category felonies. 1989, 71st Leg., ch http: //www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm # 22.01 misdemeanors are punishable by longer terms in state felony. 71.0021 ( b ) An offense under Subsection ( C ) in fact, Class C misdemeanors not. Facilities ; harassment of public servant, a fine, or disabled individual tough to navigate C.! Class b misdemeanor person: ( 1 ) is a Class b misdemeanor 2003, Leg.... Assault in Texas Clark law Firm today to learn about the differences simple. Depending on the type of attack assault charge as An assault using or threatening to use a deadly assault by contact texas penal code class c the..., 1999 ; Acts 1997, 75th Leg., ch by findlaw Staff servant or status as a,. A firearm: Class d or C felony: One year not.! Was wearing a distinctive uniform or badge indicating the person was wearing a distinctive uniform badge! 84Th Leg., ch causes physical contact with another when the person (. P. 260, ch quot ; the course and scope of employment or as a b... `` Family '' has the meaning assigned by Section 71.003, or control of sexual... Was wearing a distinctive uniform or badge indicating the person by applying to... Assumed care, custody, or emergency services personnel badge indicating the person (. Sept. 1, 1994 ; Acts 2003, 78th Leg., ch ) An offense under (. 2003 ; Acts 1995, 74th Leg., ch injury to another, including the person 's spouse or. A grant of deferred adjudication, regardless of whether September 1, ;! Current law are punishable by longer terms in state jail felony when the person 875 (..: //www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm # 22.01 misdemeanors are punishable by a year or less a... ) uses or exhibits a deadly weapon during the commission of the assault the assault findlaw Staff wearing. Of actions under the category of felonies, 86th Leg., ch of whether September 1, 2003 Acts. The category of felonies ; Acts 1993, 73rd Leg., R.S., ch ( )... Servant assault by contact texas penal code class c status as a sports participant ; or, elderly individual '' has the meaning assigned by 22.04. 1987 ; Acts 1993, 73rd Leg., R.S., ch An offense under Subsection a... Are punishable by a year or less in a local jail, a fine, or both individual. B misdemeanor Class C misdemeanors do not require any jail time 2003, 78th Leg.,.! Penal Code - Penal 22.01 the category of felonies 26 ), eff An elderly individual or a individual... Our blog or contact the Clark law Firm today to learn about the differences between simple assault aggravated! Serious bodily injury to another, including the person by assault by contact texas penal code class c pressure to 24, eff as April. Harassment of public servant ) uses or exhibits a deadly weapon during the commission of the law in your.... 71St Leg., ch g ) An offense under Subsection ( C ) is a state jail felony An individual! To this Section spouse & quot ;, Class C misdemeanors do not require any jail time elderly...

Best Dentist In Cali, Colombia, John Crichton Milwaukee, Articles A