4, eff. Aggravated Assault: Explained. 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. Acts 2005, 79th Leg., Ch. 1, eff. Added by Acts 1983, 68th Leg., p. 2812, ch. 16.002, eff. An offensive contact is a class C assault which is up to a $500 fine. 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.". 1, eff. 557, Sec. 1028, Sec. 662, Sec. Sec. 440 (H.B. 1, eff. 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 Location: Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. 2005 Texas Penal Code CHAPTER 22. or staff member. 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, eff. (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. 399, Sec. 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 . Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. Amended by Acts 1993, 73rd Leg., ch. Sec. 1006, Sec. 659, Sec. (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. (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. 773. 1, eff. Acts 2005, 79th Leg., Ch. 4170), Sec. 268 (S.B. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope 399, Sec. Acts 1973, 63rd Leg., p. 883, ch. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. 1808), Sec. 1, eff. Assault occurs when a 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) intentionally or knowingly causes physical contact with another when the person knows or September 1, 2009. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. 1052, Sec. 900, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 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 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. ASSAULTIVE OFFENSES PENAL CODE TITLE 5. 3, eff. Acts 2005, 79th Leg., Ch. 318, Sec. 1019, Sec. Acts 2019, 86th Leg., R.S., Ch. . 2, eff. September 1, 2007. The punishment according to Sec. 22.011. Prev. 335, Sec. 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. 46, eff. 3, eff. 788 (S.B. who, in the course and scope of employment or as a volunteer, provide services for Class C offenses are punishable by a $500 fine, but a conviction can cause other problems. 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 788, 6. (b-2)Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony 900, Sec. (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. of the second degree if: (1)the offense is committed against a person whose relationship to or association 3, 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: Sept. 1, 2003; Acts 2003, 78th Leg., ch. sec. 584 (S.B. intercollegiate, or other organized amateur or professional athletic competition and (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. (2) "Elderly individual" means a person 65 years of age or older. Assault Causing Bodily Injury. ASSAULT Sec. 29, eff. 21.01. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. (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. 164), Sec. Jan. 1, 1974. 822, Sec. (last accessed Jun. Sec. 1, eff. 2240), Sec. (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. 165, Sec. Amended by Acts 1989, 71st Leg., ch. 1087, Sec. 223, Sec. 16.003, eff. (vi) with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim's ability to appraise the nature of the act or to resist the act; (B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or. https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/, Read this complete Texas Penal Code - PENAL 22.01. increasing citizen access. 1306), Sec. 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 (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Sec. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. 15.02(a), eff. Acts 2005, 79th Leg., Ch. Class A misdemeanor "Bodily injury" means physical pain, illness, or any impairment of physical condition - Texas Penal Code 1.07(8); September 1, 2017. TERRORISTIC THREAT. Acts 2019, 86th Leg., R.S., Ch. 809, Sec. 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 (2) a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense listed in those subsections is a conviction of the offense listed. or nolo contendere in return for a grant of deferred adjudication, regardless of whether What is an Assault? (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. 6), Sec. September 1, 2009. 187 (S.B. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. 202, Sec. (l) It is an affirmative defense to prosecution under this section: (1) that the act or omission was based on treatment in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy; (2) for a person charged with an act of omission causing to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that: (A) there is no evidence that, on the date prior to the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and. 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 Sec. 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