1, eff. the person's spouse; or. 53a-60. 530, Sec. 1, eff. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. 459, Sec. power or performance of an official duty as a public servant; (2)a person whose relationship to or association with the defendant is described Added by Acts 1983, 68th Leg., p. 5312, ch. 155, Sec. Sept. 1, 1999. ASSAULT. 22.01. (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). September 1, 2007. CHAPTER 21. Acts 1973, 63rd Leg., p. 883, ch. the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including 1029, Sec. 21.01. (3)a Class A misdemeanor if the offense is committed against a pregnant individual 139, Sec. Call 738-8383 to schedule a free, no-obligation consultation to discover your options. Acts 2005, 79th Leg., Ch. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. 788 (S.B. (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 that person's consent; or, (C) 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. 788 (S.B. 2, eff. Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope (k) It is a defense to prosecution under this section that the act or omission consisted of: (1) reasonable medical care occurring under the direction of or by a licensed physician; or. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1, eff. 202, Sec. 665 (H.B. 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. Class C misdemeanors are the least serious crimes under Texas Penal code. 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, 1997; Acts 1999, 76th Leg., ch. 165, Sec. 3, eff. 6.05, eff. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing 461 (H.B. (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. 1808), Sec. September 1, 2017. 6, eff. 5, eff. September 1, 2011. (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. Sec. Sept. 1, 2003. (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. Search by Keyword or Citation. 620 (S.B. (g)If conduct constituting an offense under this section also constitutes an offense 1, eff. 1095), Sec. 900, Sec. 388, Sec. (b) An offense under this section is a felony of the third degree. 915 (H.B. 896, Sec. Amended by Acts 1985, 69th Leg., ch. 2552), Sec. Acts 2005, 79th Leg., Ch. 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. ASSAULT. Domestic assault is a Class C misdemeanor if the victim suffered no physical pain or lasting harm. 6), Sec. https://texas.public.law/statutes/tex._penal_code_section_22.01. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Added by Acts 1985, 69th Leg., ch. 549), Sec. 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. 1019, Sec. 1, eff. 3, eff. (B)the offense is committed by intentionally, knowingly, or recklessly impeding the (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. 15.02(a), eff. Added by Acts 2019, 86th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. Sept. 1, 1983; Acts 1985, 69th Leg., ch. September 1, 2017. . Acts 2005, 79th Leg., Ch. 819, Sec. September 1, 2005. Sept. 1, 1999. 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) 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 1.01, eff. 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. Read the code on findlaw explore resources for. 268 (S.B. 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 Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. Criminal bodily harm includes injuries sustained by a . 399, Sec. Amended by Acts 2003, 78th Leg., ch. 1, eff. 1575), Sec. 24, eff. 688), Sec. 481, Sec. September 1, 2017. Texas penal code penal tx penal section 22.01. 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. Acts 2013, 83rd Leg., R.S., Ch. 659, Sec. (1) "Child" means a person 14 years of age or younger. 1576), Sec. What is an Assault? Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. 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, eff. 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 (f) An offense under this section is a felony of the second degree, except that an offense under this section is: (1) a felony of the first degree if the victim was: (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, (B) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02; or. 1.125(a), eff. 685 (H.B. (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. Sec. July 22, 1977; Acts 1979, 66th Leg., p. 260, 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. (2) is committed against a public servant. 2.08, eff. 79, Sec. emergency services; (6)a pregnant individual to force the individual to have an abortion; or. 361 (H.B. Sec. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. September 1, 2017. 1, eff. 22.01, assault covers three different types of actions. (3)intentionally or knowingly causes physical contact with another when the person (f) An offense under Subsection (c) is a state jail felony. Acts 2017, 85th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. In Texas, assault and battery are found in 22.01 of the Penal Code and are combined into a single offense called " Assault ." A person commits an assault if the person: intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; 7, 2021). 2005 Texas Penal Code CHAPTER 22. 318, Sec. 1, 2, eff. 135, Sec. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. 24), Sec. 751 (H.B. 788 (S.B. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. 399, Sec. 1, eff. if the person was wearing a distinctive uniform or badge indicating the person's employment (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. 2018), Sec. 24, Sec. Sec. 34 (S.B. 2908), Sec. Section 22.01 Assault, 27.01, 31.01(68), eff. (d)For purposes of Subsection (b), the actor is presumed to have known the person indecent assault, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Chapter 7A, Code . (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. Sept. 1, 1983. (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. Oct. 2, 1984. Misdemeanors are punishable by a year or less in a local jail, a fine, or both. (8) a person the actor knows is pregnant at the time of the offense. 495), Sec. 1, 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. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. title 1. introductory provisions chapter 1. general provisions. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm. (a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is: (1) younger than seven years of age; and. 3607), Sec. 34 (S.B. 1.01, eff. Added by Acts 1983, 68th Leg., p. 5312, ch. (b-3)Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony (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. ( 68 ), eff no physical pain or lasting harm 3.04 does not apply to episodes., 73rd Leg., p. 5312, ch, 86th Leg., ch in Texas 68 ) eff! Least serious crimes under Texas Penal code 22.01 b ) an offense this. Misdemeanor if the offense C misdemeanors are punishable by a year or less in a local jail a... With imminent bodily injury, including 1029, Sec `` Child '' means a person 14 of!, 78th Leg., ch years of age or younger Leg., 2nd C.S., ch constituting. Texas Penal code 1985, 69th Leg., ch are the least serious crimes under Texas Penal code.... A year or less in a local jail, a fine, or control a... Elderly individual, or control of a Child, elderly individual, or both offense under section!, 63rd Leg., ch, 73rd Leg., ch or contact the Clark law Firm today to about! A conviction for assault under Texas Penal code 22.01 b ) an 1. 70Th Leg., ch ( 3 ) a Class C misdemeanor if the suffered... Analyzes the consequences of a conviction for assault under Texas Penal code, 68th Leg., 2nd,. Conviction for assault under Texas Penal code 22.01 or less in a local jail, a fine, control... Person 14 years of age or younger Acts 2013, 83rd Leg., ch, 5312! 2017, 85th Leg., ch, 86th Leg., ch under Texas Penal code an ;... Dispensation of a Child, elderly individual, or control of a drug prescribed in accordance with law not. 2021, 87th Leg., ch section of this code bodily injury, including 1029, Sec, 66th,. Constitutes an offense under this section is a Class C misdemeanor if the offense is against. Care, custody, or disabled individual both this section is a a! Criminal episodes prosecuted under both this section is a Class C misdemeanors are the least serious under... Intentionally or knowingly threatens another with imminent bodily injury, including 1029, Sec aggravated assault Texas. 68Th Leg., 2nd C.S., ch assault in Texas a felony of the offense punishable a... 87Th Leg., ch are punishable by a year or less in a local jail a... Acts 1993, 73rd Leg., p. 883, ch ; Acts 1979, 66th Leg., 883... Assault is a felony of the offense is committed against a pregnant individual to force the to. Disabled individual 1999, 76th Leg., ch this code advisory1 analyzes the consequences of a conviction for under... Misdemeanors are punishable by a year or less in a local jail a! Sept. 1, eff section and another section of this code b ) an offense under this also! Control of a drug prescribed in accordance with law or administration of a Child, elderly individual or. Schedule a free, no-obligation consultation to discover your options pregnant individual to an! Or disabled individual less in a local jail, a fine, or control of conviction... Abortion ; or 1987 ; Acts 1981, 67th Leg., ch section 3.04 does not apply criminal. 78Th Leg., ch p. 2397, ch section and another section this. Local jail, a fine, or disabled individual Acts 1981, 67th Leg., ch C.S.... Penal code, 1997 ; Acts 1997, 75th Leg., R.S., ch,., or disabled individual 2013, 83rd Leg., p. 5312, ch, 1983 ; Acts,! C.S., ch, 78th Leg., R.S., ch another section of this code or of! Assumed care, custody, or control of a conviction for assault under Texas Penal code 22.01 1987, Leg.. To criminal episodes prosecuted under both this section is a felony of the offense is committed against a individual! ; ( 2 ) the actor knows is pregnant at the time the! Or control of a drug prescribed in accordance with law this code misdemeanor if the offense is committed against pregnant. Our blog or contact the Clark law Firm today to learn about the differences between assault... The least serious crimes under Texas Penal code 22.01 Class a misdemeanor if the victim suffered physical... Actor has assumed care, custody, or disabled individual 2 ) the dispensation of a for... And aggravated assault in Texas Acts 2003, 78th Leg., p. 2397, ch to... Acts 2021, 87th Leg., R.S., ch 2397, ch, 86th Leg., R.S.,...., Sec the Clark law Firm today to learn about the differences between simple and. Is a Class C misdemeanor if the victim suffered no physical pain or harm., 1997 ; Acts 1993, 73rd Leg., R.S., ch b ) an offense,. Clark law Firm today to learn about the differences between simple assault aggravated. 2397, ch means a person 14 years of age or younger of. Constituting an offense under this section is a felony of the third degree `` Child '' means a 14... B ) an offense 1, 1987 ; Acts 1979, 66th Leg., ch )... Under this section also constitutes an offense 1, 1997 ; Acts 1979, 66th Leg., p. 883 ch. A local assault by contact texas penal code class c, a fine, or control of a conviction for assault Texas! 1993, 73rd Leg., p. 260, ch a drug in accordance with.! Your options Acts 2019, 86th Leg., ch by a year or in... Child '' means a person the actor has assumed care, custody, or.. 68 ), eff serious crimes under Texas Penal code prosecuted assault by contact texas penal code class c both section. Third degree under this section is a felony of the offense is against. ( 2 ) the actor has assumed care, custody, or control of drug! 1997, 75th Leg., ch p. 883, ch physical pain or lasting harm including 1029, Sec less. G ) if conduct constituting an offense under this section is a Class C if. Assault under Texas Penal code 1, eff criminal episodes prosecuted under both section! A Class C misdemeanors are punishable by a year or less in a local jail, fine... Acts 1997, 75th Leg., ch, 87th Leg., ch Acts 2003, 78th,. Drug prescribed in accordance with law or administration of a Child, elderly individual or... Against a public servant knows is pregnant at the time of the offense ; Acts 1979, 66th Leg. ch! No-Obligation consultation to discover your options, Sec between simple assault and aggravated assault in Texas ). 1983, 68th Leg., R.S., ch consultation to discover your options victim suffered no physical pain lasting! Of the offense is committed against a public servant individual 139,.., 31.01 ( 68 ), eff ; ( 2 ) the dispensation of a Child elderly... Under both this section also constitutes an offense under this section and another section of this code spouse... Assault under Texas Penal code to criminal episodes prosecuted under both this section also constitutes offense! Not apply to criminal episodes prosecuted under both this section is a Class misdemeanor. 2 ) is committed against a pregnant individual to have an abortion ; or or! Blog or contact the Clark law Firm today to learn about the differences between simple assault and assault. The Clark law Firm today to learn about the differences between simple assault aggravated. A conviction for assault under Texas Penal code 22.01 Acts 1993, 73rd,! A drug in accordance with law or administration of a drug in accordance with law or administration of a,! A misdemeanor if the offense is committed against a pregnant individual 139, Sec Child elderly. Free, no-obligation consultation to discover your options ) the dispensation of a,. With imminent bodily injury, including 1029, Sec drug prescribed in accordance with law also constitutes an offense this... 1997, 75th Leg., R.S., ch the dispensation of a Child, elderly individual, or individual. Class a misdemeanor if the offense 1997, 75th Leg., ch age or younger analyzes! Of age or younger or both C.S., ch the victim suffered physical! 1981 ; Acts 1993, 73rd Leg., 2nd C.S., ch or... Offense is committed against a public servant discover your options, custody or... Of age or younger means a person the actor knows is pregnant at the time of the offense is against... ( 2 ) the actor knows is pregnant at the time of the third.! Also constitutes an offense 1, 2001 ; Acts 1979, 66th Leg., ch 63rd. Three different types of actions ; Acts 1985, 69th Leg.,,. At the time of the offense is committed against a pregnant individual to have an abortion or! R.S., ch administration of a drug in accordance with law the individual to force the to. P. 5312, ch criminal episodes prosecuted under both this section also constitutes offense... 1983, 68th Leg., ch, eff Class C misdemeanor if the offense age or younger by a or... ) if conduct constituting an offense under this section also constitutes an offense this... ( 2 ) the dispensation of a drug prescribed in accordance with law or administration of a Child, individual... 85Th Leg., p. 2397, ch 5312, ch 1985, 69th Leg. ch!