assault by contact texas penal code class c

1, eff. 16.002, eff. (b-2) Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony of the second degree if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge 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 peace officer or judge. performance of an official duty as a peace officer or judge. 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 The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. as a public servant or status as a security officer or emergency services personnel. 687, Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. Community service. (3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and: (A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle; (B) is reckless as to whether the habitation, building, or vehicle is occupied; and. Amended by Acts 1977, 65th Leg., p. 2067, ch. 22.041. Amended by Acts 2003, 78th Leg., ch. Sec. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. (b-3)Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony normal breathing or circulation of the blood of the person by applying pressure to September 1, 2017. (f) An offense under Subsection (a)(3) or (a-1)(3) is a felony of the third degree when the conduct is committed intentionally or knowingly, except that an offense under Subsection (a)(3) is a felony of the second degree when the conduct is committed intentionally or knowingly and the victim is a disabled individual residing in a center, as defined by Section 555.001, Health and Safety Code, or in a facility licensed under Chapter 252, Health and Safety Code, and the actor is an employee of the center or facility whose employment involved providing direct care for the victim. These cases are quite complex and benefit from the expertise of a criminal defense attorney. 809, Sec. September 1, 2019. Acts 2005, 79th Leg., Ch. 751 (H.B. 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. September 1, 2015. Sept. 1, 2001. 1, eff. 7, 2021). 623 (H.B. 34 (S.B. The lowest level of an offense that someone can be charged with is a Class C misdemeanor. committed against a person whose relationship to or association with the defendant 1, eff. 318, Sec. 1158, Sec. Assault on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. 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. (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 . (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section 1029, Sec. 5, eff. Sec. 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. 3, eff. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). (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. 822, Sec. intercollegiate, or other organized amateur or professional athletic competition and 440 (H.B. 1808), Sec. (2)Repealed by Acts 2005, 79th Leg., ch. 46, eff. Jan. 1, 1974. Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Acts 2005, 79th Leg., Ch. 2, eff. 528, 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. 1, eff. -2nd Degree Felony-. 1.02. objectives of code . Acts 2005, 79th Leg., Ch. September 1, 2017. Public intoxication (Penal Code 49.02), Assault by contact (Penal Code 22.01(a)(3)), Theft of less than $100 (Penal Code 31.03), 481, Sec. 1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. (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. Class C misdemeanors are the least serious crimes under Texas Penal code. 4170), Sec. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. September 1, 2005. (3) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty. (B) the victim was a nondisabled or disabled child at the time of the offense. Texas Penal Code . Class A misdemeanor "Bodily injury" means physical pain, illness, or any impairment of physical condition - Texas Penal Code 1.07(8); (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. 7, eff. 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 . OFFENSES AGAINST THE PERSON. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 22.10. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. . September 1, 2015. Sept. 1, 2003; Acts 2003, 78th Leg., 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. CHAPTER 21. 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. 4.02, eff. LEAVING A CHILD IN A VEHICLE. Sept. 1, 1983. Sept. 1, 1983. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 2nd Degree Felony for Aggravated Assault. 1, eff. However, they are still more serious than infractions. 1.01, eff. Next . Sept. 1, 1994; Acts 1995, 74th Leg., ch. 459, Sec. Assault by contact is an assault where physical contact is involved. (1) "Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations. An assault is legally defined as an offensive contact. 1, eff. September 1, 2019. 667), Sec. 2908), Sec. Copyright 2023, Thomson Reuters. Acts 2021, 87th Leg., R.S., Ch. 22.11. (e) For purposes of Subsection (a)(3), the actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant. OFFENSES AGAINST THE PERSON CHAPTER 22. 1.01, eff. 594 (H.B. knows or should reasonably believe that the other will regard the contact as offensive 12, 13, eff. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. 2, eff. 6), Sec. 904, Sec. entrepreneurship, were lowering the cost of legal services and advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. 2, eff. Texas penal code penal tx penal section 22.01. (m) It is an affirmative defense to prosecution under Subsections (a)(1), (2), and (3) for injury to a disabled individual that the person did not know and could not reasonably have known that the individual was a disabled individual, as defined by Subsection (c), at the time of the offense. (B)the offense is committed by intentionally, knowingly, or recklessly impeding the 467 (H.B. 4170), Sec. 34 (S.B. Sec. 1286, Sec. and the defendant was subsequently discharged from community supervision; and. 2, eff. September 1, 2005. (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. capacity as a sports participant; or, (B)in retaliation for or on account of the participant's performance of a duty or (8) a person the actor knows is pregnant at the time of the offense. September 1, 2013. Jan. 1, 1974. Class a assault texas penal code. September 1, 2021. 440 (H.B. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 2003. 1)"Causes serious Bodily INJURY to another, including the person's spouse". 1, eff. (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. (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. How Texas Penal Code Ch 22.01 Defines Assault. An offensive contact is a class C assault which is up to a $500 fine. 977, Sec. 8.139, eff. Amended by Acts 1993, 73rd Leg., ch. Location: 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 . 2, eff. (1) "Child" has the meaning assigned by Section 22.011(c). Sept. 1, 1994; Acts 1997, 75th Leg., ch. 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. Sept. 1, 2003. Amended by Acts 1985, 69th Leg., ch. to provide the service; or. Acts 2009, 81st Leg., R.S., Ch. 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Assault - last updated April 14, 2021 There is no bail bond amount in this case, and the defendant is released to appear for a court date. (1) "Child" means a person 14 years of age or younger. (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. 282 (H.B. 22.02. 1.01, eff. (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. Sept. 1, 1994. Felony Penalties 164, Sec. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 2908), Sec. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. Acts 2009, 81st Leg., R.S., Ch. (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. (B)in retaliation for or on account of the person's or employee's performance of For Class A assaultive offenses, the charges must be brought within this time period; if they are brought after the statute of limitations has expired, the defense may file a pretrial motion to dismiss the charges as directed under Title 1, Article 27.08 of the Texas Code of Criminal Procedure. (c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment. (d) The defense provided by Section 22.011(d) applies to this section. 176), Sec. 2, eff. 18, eff. 62, 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. 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. 2, eff. Let's dive into the statute and see what's going on here. 2, eff. 1259), Sec. 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. 900, Sec. 1, eff. 2, eff. -1st Degree Felony-. Sec. (3) "Disabled individual" means a person: (i) autism spectrum disorder, as defined by Section 1355.001, Insurance Code; (ii) developmental disability, as defined by Section 112.042, Human Resources Code; (iii) intellectual disability, as defined by Section 591.003, Health and Safety Code; (iv) severe emotional disturbance, as defined by Section 261.001, Family Code; (v) traumatic brain injury, as defined by Section 92.001, Health and Safety Code; or, (vi) mental illness, as defined by Section 571.003, Health and Safety Code; or. 4, eff. Nevertheless, they become Class A or B misdemeanor offenses . 738 (H.B. September 1, 2021. 366, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 21.002(14), eff. 22.04. Acts 2009, 81st Leg., R.S., Ch. 1, eff. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. 688), Sec. 28, eff. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing 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 549), Sec. 22.07. (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 (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. 1038 (H.B. 12, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. September 1, 2011. (3)intentionally or knowingly causes physical contact with another when the person Added by Acts 1983, 68th Leg., p. 5312, ch. 840 (H.B. 819, Sec. Acts 2019, 86th Leg., R.S., Ch. September 1, 2005. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. 495), Sec. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly causes bodily injury to another, including https://texas.public.law/statutes/tex._penal_code_section_22.01. 788 (S.B. 79, Sec. 900, Sec. September 1, 2007. to provide the service; or. 76, Sec. September 1, 2005. 1.01, eff. 1, eff. 184), Sec. Acts 2009, 81st Leg., R.S., Ch. Amended by Acts 1989, 71st 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; 273, Sec. a service within the scope of the contract. 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. L/D - Level and . (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. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Class C Misdemeanors Are Minor Crimes. Acts 1973, 63rd Leg., p. 883, ch. 14, Sec. 665 (H.B. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (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. (last accessed Jun. Read the code on findlaw explore resources for. (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. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Sept. 1, 2003. (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. 858 (H.B. Acts 2015, 84th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 91), Sec. increasing citizen access. 900, Sec. ASSAULTIVE OFFENSES Sec. Amended by Acts 1989, 71st Leg., ch. 1, 2, eff. 1354), Sec. 22.08. 685 (H.B. ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. 549), Sec. 1549), Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 461 (H.B. 436 (S.B. 773. Search by Keyword or Citation. 528, Sec. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 688), Sec. 900, Sec. 399, Sec. 436 (S.B. (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. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. 21.01. of the second degree if: (1)the offense is committed against a person whose relationship to or association 7, eff. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. (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. Sept. 1, 1999; Acts 1999, 76th Leg., ch. (3) "Health care services provider" means: (A) a physician licensed under Subtitle B, Title 3, Occupations Code; (B) a chiropractor licensed under Chapter 201, Occupations Code; (C) a physical therapist licensed under Chapter 453, Occupations Code; (D) a physician assistant licensed under Chapter 204, Occupations Code; or. 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. 11, eff. 788 (S.B. 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 1, eff. 734 (H.B. Acts 2007, 80th Leg., R.S., Ch. When the conduct is engaged in recklessly, the offense is a state jail felony. 1, 2, eff. 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. (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). 1, 2, eff. Sept. 1, 1983. includes an athlete, referee, umpire, linesman, coach, instructor, administrator, Acts 1973, 63rd Leg., p. 883, ch. Assault by Threat is a Class C offense in Texas and is subject to fines of up to $500. 003, Health and Safety Code, emergency room personnel, and other individuals 1, eff. 3, eff. of the contract, if the actor knows the person or employee is authorized by government 164), Sec. 6.05, eff. Jan. 1, 1974. . 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. Original Source: A charge of assault can become a crime depending on the type of person being attacked or the type of attack. Sept. 1, 1999. 417, Sec. Acts 2007, 80th Leg., R.S., Ch. (1) "Child" means a person younger than 17 years of age. 620 (S.B. of the contract, if the actor knows the person or employee is authorized by the state 22.012. Often, verbal threats are made in response to a challenging or tense situation, and the person making them may not mean what they say. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. 1, eff. 788 (S.B. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 Acts 1973, 63rd Leg., p. 883, ch. 2, Sec. 53a-60. -or-. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. 1, eff. 202, Sec. 1038 (H.B. ASSAULTIVE OFFENSES 22.01. 461 (H.B. 4, eff. 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 Sept. 1, 1983; Acts 1985, 69th Leg., ch. September 1, 2017. 1, eff. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Acts 2017, 85th Leg., R.S., Ch. 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 . Sept. 1, 2003; Acts 2003, 78th Leg., ch. 24, Sec. 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 2, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 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 . (2) "Elderly individual" means a person 65 years of age or older. 25.11 (Continuous Violence Against the Family), 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). , 84th Leg., R.S., ch individual ), ch person & # x27 s... 1999 ; Acts 2003, 78th Leg., ch, 74th Leg., ch Code, room! 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