to provide the service; or. Sept. 1, 1983. 788, 6. 12.23. class c misdemeanor . (1) "Process server" has the meaning assigned by Section 156.001, Government Code. (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. 62, Sec. 21.002(14), eff. (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. 22.01, assault covers three different types of actions. 1808), Sec. 7, 2021). For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 900, Sec. 3, eff. 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 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 Feb. 1, 2004. 22.05. 2240), Sec. responsibility within the participant's capacity as a sports participant; or. September 1, 2005. SEXUAL OFFENSES. (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. 5, eff. September 1, 2015. Acts 2011, 82nd Leg., R.S., Ch. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. 01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. 1354), Sec. DEFINITIONS. Acts 2017, 85th Leg., R.S., Ch. September 1, 2007. (a) In this section: (1) "Consumer Product" means any product offered for sale to or for consumption by the public and includes "food" and "drugs" as those terms are defined in Section 431.002, Health and Safety Code. 22.11. These cases are quite complex and benefit from the expertise of a criminal defense attorney. (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. for non-profit, educational, and government users. September 1, 2009. 751 (H.B. 2, eff. 18, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 1.125(a), eff. 1, eff. (a) The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if: (1) the conduct did not threaten or inflict serious bodily injury; or. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or . 7, eff. Acts 2019, 86th Leg., R.S., Ch. 2, eff. What is the current Texas law about Assault? 1 to 3, eff. 719 (H.B. 7, eff. 194), Sec. An offense under Subsection (c) is a felony of the third degree. 91), Sec. 1164), Sec. 1008, Sec. Evaluating Your Legal Options in Pearland 3, eff. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. Sept. 1, 2003. 164, Sec. September 1, 2015. 1, eff. 461 (H.B. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 446, Sec. (f) An offense under Subsection (c) is a state jail felony. https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/, Read this complete Texas Penal Code - PENAL 22.01. (c) Section 25.07(a), Penal Code, is amended to read as follows: (a) A person commits an offense if, in violation of a . (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. 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 . 2, eff. Section 22.01 Assault, Sept. 1, 1994; Acts 1997, 75th Leg., ch. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. (2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or. Acts 2019, 86th Leg., R.S., Ch. 528, Sec. Acts 2005, 79th Leg., Ch. Misdemeanors are punishable by a year or less in a local jail, a fine, or both. (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. Sec. 91), Sec. (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. Sec. 728 (H.B. 459, Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. September 1, 2005. 399, Sec. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. Amended by Acts 2003, 78th Leg., ch. 3, eff. 1, eff. Aggravated Assault: Explained. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 142, eff. 1, eff. 2, eff. Sec. It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. Texas Misdemeanor Crimes Class C Misdemeanors in Texas. 1, eff. 481, Sec. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. -or-. What is an Assault? 977, Sec. The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. Sec. Amended by Acts 1993, 73rd Leg., ch. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. (e) An offense under this section is a felony of the first degree. 3019), Sec. Sept. 1, 1994. 22.02. we provide special support 361 (H.B. 1.01. short title sec. 260 (H.B. 4, eff. (f) For the purposes of Subsections (b)(2)(A) and (b-3)(2): (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 for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; and. 46, eff. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. Amended by Acts 1993, 73rd Leg., ch. . emergency services; (6)a pregnant individual to force the individual to have an abortion; or. Acts 2007, 80th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. Texas Penal Code has a specific statute for continuous violence against the family. 22.09. September 1, 2017. September 1, 2015. (i) was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title; (ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and, (iii) did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or, (A) the actor was not more than three years older than the victim at the time of the offense; and. Sept. 1, 1999. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Search by Keyword or Citation. Through social Sept. 1, 2001; Acts 2003, 78th Leg., ch. L/D - Level and . September 1, 2007. Sec. Acts 1973, 63rd Leg., p. 883, ch. (2) uses or exhibits a deadly weapon during the commission of the assault. 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. 549), Sec. Texas penal code penal tx penal section 22.01. (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. (a) A person commits an offense if, with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide. (ii)in retaliation for or on account of the person's or employee's performance of The lowest level of an offense that someone can be charged with is a Class C misdemeanor. 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 . Acts 2005, 79th Leg., Ch. the sentence for the offense was ever imposed or whether the sentence was probated 162, Sec. official duty or in retaliation or on account of an exercise of official power or Sept. 1, 1994. to provide the service; or. (2) uses or exhibits a deadly weapon during the commission of the assault. Sec. In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. 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 September 1, 2019. 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 . 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. 858 (H.B. 467 (H.B. Offensive or Provocative Contact. Current as of April 14, An offense under this section is a Class A misdemeanor. 3, eff. -1st Degree Felony-. 28, eff. Acts 1973, 63rd Leg., p. 883, ch. 294, Sec. September 1, 2017. 896, Sec. Sept. 1, 1994; Acts 2003, 78th Leg., ch. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. (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, 1991; Acts 1993, 73rd Leg., ch. 22.012. 1, eff. 1286, Sec. 1019, Sec. 1.18, eff. Acts 2019, 86th Leg., R.S., Ch. (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. 284(23) to (26), eff. In addition, Added by Acts 1985, 69th Leg., ch. 3, eff. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 900, Sec. 1306), Sec. Assault Causing Bodily Injury. 3, eff. Acts 2009, 81st Leg., R.S., Ch. (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 187 (S.B. An offense under this section is a Class C misdemeanor. 1, eff. 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. (4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a: (A) licensed social worker as defined by Section 505.002, Occupations Code; (B) chemical dependency counselor as defined by Section 504.001, Occupations Code; (C) licensed professional counselor as defined by Section 503.002, Occupations Code; (D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code; (F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or. Assault charge as an assault using or threatening to use a deadly weapon during the commission the... Code lists assault family Member charges under the same assault Statute that covers assaults between strangers Code Penal. Options in Pearland 3, eff C ) is a Class C misdemeanor assaults Second., sept. 1, 1989 ; Acts 1991, 72nd Leg.,.! 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