(G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2005. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 528, Sec. Contact us. (3)Security officer means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. 34 (S.B. 29), Sec. 1, 2, eff. Copyright 2023, Thomson Reuters. increasing citizen access. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, (7)a person the actor knows is pregnant at the time of the offense. It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. (g)If conduct constituting an offense under this section also constitutes an offense 2066), Sec. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. LEAVING A CHILD IN A VEHICLE. Acts 2019, 86th Leg., R.S., Ch. How Texas Penal Code Ch 22.01 Defines Assault. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. September 1, 2017. 2, eff. (3)a Class A misdemeanor if the offense is committed against a pregnant individual (a) A person commits an offense if, with the intent to assault, harass, or alarm, the person: (1) while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal; (2) while committed to a civil commitment facility, causes: (A) an officer or employee of the Texas Civil Commitment Office to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (B) a person who contracts with the state to perform a service in the facility or an employee of that person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; or. An offensive contact is a class C assault which is up to a $500 fine. the sentence for the offense was ever imposed or whether the sentence was probated 1, eff. (a) A person commits an offense: (i) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or, (iii) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or. September 1, 2009. (3) "Security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. Acts 2007, 80th Leg., R.S., Ch. 440 (H.B. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. 1, eff. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 399, Sec. 399, Sec. we provide special support Acts 2005, 79th Leg., Ch. 1286, Sec. Acts 2009, 81st Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. The lowest level of an offense that someone can be charged with is a Class C misdemeanor. 4.02, eff. 1, eff. 1, 2, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Acts 2005, 79th Leg., Ch. 53a-60. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. SEXUAL OFFENSES. 1 (S.B. Feb. 1, 2004. 22.12. However, they are still more serious than infractions. Current as of April 14, An offense under this section is a Class A misdemeanor. 900, Sec. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). Acts 2005, 79th Leg., Ch. Added by Acts 1983, 68th Leg., p. 5312, ch. https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/, Read this complete Texas Penal Code - PENAL 22.01. 1, eff. 2908), Sec. 3, eff. 1, eff. (b) An offense under this section is a Class A misdemeanor. Acts 2015, 84th Leg., R.S., Ch. Search by Keyword or Citation. (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. 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. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 557, Sec. | https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/. 6), Sec. (f) An offense under Subsection (c) is a state jail felony. September 1, 2009. September 1, 2017. (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section 1, eff. 1.01, eff. 1, eff. 7, eff. Jan. 1, 1974. 135, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1038 (H.B. 399, Sec. (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. September 1, 2015. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 2, eff. 162, Sec. 15.02(b), eff. An assault is classified as a class a misdemeanor if bodily injury was caused. 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. 900, Sec. ASSAULT 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. 399, Sec. capacity as a sports participant; or, (B)in retaliation for or on account of the participant's performance of a duty or Amended by Acts 1989, 71st Leg., ch. Added by Acts 1985, 69th 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. 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; (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. (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. 620 (S.B. September 1, 2005. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. Acts 2021, 87th Leg., R.S., Ch. 1259), Sec. 687, Sec. assaulted was a public servant, a security officer, or emergency services personnel Sept. 1, 1994. 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. Acts 2007, 80th Leg., R.S., Ch. 8.139, eff. 3, eff. Amended by Acts 1989, 71st Leg., ch. 1.02. objectives of code . Prev. Acts 2021, 87th Leg., R.S., Ch. 22.011. 318, Sec. 1.125(a), eff. (e) An offense under Subsection (a) is a Class A misdemeanor. Sept. 1, 1985; Acts 1987, 70th Leg., ch. (b-3) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if: (1) the offense is 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; (2) 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, or 21.11 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; and. 25.11 (Continuous Violence Against the Family), 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). Texas Penal Code Section 22.01 - Assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Penal Code Sec. (a) A person commits an offense if the person commits assault as defined in Sec. 3607), Sec. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 1, eff. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. the person's spouse; or. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. 2, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. Jan. 1, 1974. https://texas.public.law/statutes/tex._penal_code_section_22.01. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Amended by Acts 1979, 66th Leg., p. 367, ch. September 1, 2011. a service within the scope of the contract; (4)a person the actor knows is a security officer while the officer is performing ASSAULTIVE OFFENSES PENAL CODE TITLE 5. 1, 2, eff. if the person was wearing a distinctive uniform or badge indicating the person's employment Once the offensive contact causes pain it becomes a class A misdemeanor with up to a year in county jail and a $4,000 fine. Jan. 1, 1974. September 1, 2021. 788 (S.B. (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. Acts 2015, 84th Leg., R.S., Ch. 977, Sec. Added by Acts 1983, 68th Leg., p. 5312, ch. Sec. 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. September 1, 2011. These cases are quite complex and benefit from the expertise of a criminal defense attorney. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope 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. 461 (H.B. 22.02. (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. 2, eff. a service within the scope of the contract. 4, eff. 1808), Sec. ASSAULT. Sept. 1, 1999. to provide the service; or. According to Texas law, Texas Penal Code Ann. Section 49.02 (c) of the Texas Penal Code provides that Public Intoxication in Texas is a Class C Misdemeanor, which is punishable by a fine not to exceed $500.00. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. 1164), Sec. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1983. (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. Public intoxication (Penal Code 49.02), Assault by contact (Penal Code 22.01(a)(3)), Theft of less than $100 (Penal Code 31.03), 553, Sec. Acts 2017, 85th Leg., R.S., Ch. of the contract, if the actor knows the person or employee is authorized by the state (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. 1, eff. Offensive or Provocative Contact. Jan. 1, 1974. 1, eff. by Section 71.0021(b), 71.003, or 71.005, Family Code; or. While jail time is not an option, you could still be left on file with a conviction for assault. September 1, 2017. power or performance of an official duty as a public servant; (2)a person whose relationship to or association with the defendant is described 38.111. improper contact with victim sec. 260 (H.B. 549), Sec. 1, eff. responsibility within the participant's capacity as a sports participant; or. TERRORISTIC THREAT. 667), Sec. 8), Sec. Evaluating Your Legal Options in Pearland September 1, 2017. Sec. Sec. Acts 1973, 63rd Leg., p. 883, ch. 2005 Texas Penal Code CHAPTER 22. (3) 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. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (2)Repealed by Acts 2005, 79th Leg., ch. 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