Sept. 1, 1981; Acts 1989, 71st Leg., ch. 1.02. objectives of code . Added by Acts 1985, 69th Leg., ch. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 38, eff. 1286, Sec. 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. Aggravated Assault: Explained. There is no bail bond amount in this case, and the defendant is released to appear for a court date. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 38.113. unauthorized absence from community corrections facility, county . 1028, Sec. 22.11. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. Assault by Threat is a Class C offense in Texas and is subject to fines of up to $500. 1038 (H.B. 1, eff. 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: Amended by Acts 1989, 71st Leg., ch. 284(32), eff. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 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. TEXAS PENAL CODE Offense Punishment ex. Acts 2021, 87th Leg., R.S., Ch. entrepreneurship, were lowering the cost of legal services and Acts 2021, 87th Leg., R.S., Ch. 1, eff. 719 (H.B. 21.01. (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. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. 2, eff. 29, eff. 436 (S.B. 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 1, 2, eff. 1, 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 September 1, 2017. 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) 34 (S.B. (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. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. (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. 268 (S.B. Continuous Violence Against the Family is a Third-Degree Felony. 15.02(b), eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 1, eff. 34 (S.B. Acts 2005, 79th Leg., Ch. TAMPERING WITH CONSUMER PRODUCT. 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. 294, Sec. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 1, eff. September 1, 2005. 2, eff. Added by Acts 2019, 86th Leg., R.S., Ch. (b) An offense under this section is a felony of the second degree . 22.012. 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. 1, eff. 33, eff. September 1, 2005. Jan. 1, 1974. L/D - Level and . Call 738-8383 to schedule a free, no-obligation consultation to discover your options. (1) "Family" has the meaning assigned by Section 71.003, Family Code. September 1, 2005. Sept. 1, 1999. 900, Sec. September 1, 2019. Acts 2007, 80th Leg., R.S., Ch. 788 (S.B. 24), Sec. Acts 2007, 80th Leg., R.S., Ch. 788 (S.B. title 1. introductory provisions chapter 1. general provisions. 623 (H.B. TITLE 5. (c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the offense is: (1) a Class A misdemeanor if the offense is committed under Subsection (a)(3) against an elderly individual or disabled individual, as those terms are defined by Section 22.04; (2) a Class B misdemeanor if the offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant either: (A) while the participant is performing duties or responsibilities in the participant's capacity as a sports participant; or, (B) in retaliation for or on account of the participant's performance of a duty or responsibility within the participant's capacity as a sports participant; or. 1, eff. 3, eff. (e) An offense under Subsection (a) is a Class A misdemeanor. 22.01. is a peace officer or judge while the officer or judge is lawfully discharging an Amended by Acts 1989, 71st Leg., ch. According to Texas law, Texas Penal Code Ann. Current as of April 14, 2021 | Updated by FindLaw Staff. Often, verbal threats are made in response to a challenging or tense situation, and the person making them may not mean what they say. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. the sentence for the offense was ever imposed or whether the sentence was probated Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 2.08, eff. Reenacted and amended by Acts 2005, 79th Leg., Ch. 436 (S.B. Acts 2021, 87th Leg., R.S., Ch. 751 (H.B. class a misdemeanor sec. 38.111. improper contact with victim sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. 528, Sec. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Sec. 1576), Sec. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. (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. 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; performance of an official duty as a peace officer or judge. (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. (i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode; (ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person; (iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person; (iv) uses or exhibits a deadly weapon in the course of the same criminal episode; (v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or. Acts 2009, 81st Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 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 (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. Acts 2021, 87th Leg., R.S., Ch. 2, eff. (2) "Elderly individual" means a person 65 years of age or older. or both sections. Sept. 1, 2003. 12, 13, eff. 22.09. Through social 273, Sec. Sept. 1, 2001. 557, Sec. 22.04. 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. 784 (H.B. Evaluating Your Legal Options in Pearland 2, eff. 334, Sec. 22.07. 530, Sec. 2, eff. September 1, 2017. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 1, eff. 2, eff. Acts 2021, 87th Leg., R.S., Ch. When the conduct is engaged in recklessly, the offense is a state jail felony. Sept. 1, 2003. (g)If conduct constituting an offense under this section also constitutes an offense 318, Sec. (C) in discharging the firearm, causes serious bodily injury to any person. 467 (H.B. Sept. 1, 1994; Acts 1995, 74th Leg., ch. September 1, 2015. 1, 2, eff. (4) "Sports participant" means a person who participates in any official capacity with respect to an interscholastic, intercollegiate, or other organized amateur or professional athletic competition and includes an athlete, referee, umpire, linesman, coach, instructor, administrator, or staff member. 27, 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 . if the person was wearing a distinctive uniform or badge indicating the person's employment 1, eff. Sexual Assault Offense Classification. of the contract, if the actor knows the person or employee is authorized by the state 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. 3019), Sec. Sept. 1, 1999; Acts 1999, 76th Leg., ch. (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. Copyright 2023, Thomson Reuters. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or . 223, Sec. Added by Acts 1983, 68th Leg., p. 5312, ch. 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