(1) "Child" means a person 14 years of age or younger. 2552), Sec. In fact, class C misdemeanors do not require any jail time. Sec. Amended by Acts 1993, 73rd Leg., ch. or both sections. 165, Sec. 946), Sec. (3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, or Penalty Group 1-B, Section 481.1022, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code. (a) A person commits an offense if the person commits assault as defined in Sec. Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. a service within the scope of the contract. 1, eff. (2) notified in writing the Department of Family and Protective Services that the actor would no longer provide the applicable care described by Subsection (d). 1, eff. 27.01, 31.01(68), eff. 593 (H.B. (c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 4, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. Acts 2005, 79th Leg., Ch. September 1, 2015. (B) regardless of whether the person knows the age of the child at the time of the offense, intentionally or knowingly: (i) causes the penetration of the anus or sexual organ of a child by any means; (ii) causes the penetration of the mouth of a child by the sexual organ of the actor; (iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or, (v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and. Misdemeanors are punishable by a year or less in a local jail, a fine, or both. 738 (H.B. 1, eff. (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. (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section 22.01. increasing citizen access. September 1, 2017. (3) "Disabled individual" means a person: (i) autism spectrum disorder, as defined by Section 1355.001, Insurance Code; (ii) developmental disability, as defined by Section 112.042, Human Resources Code; (iii) intellectual disability, as defined by Section 591.003, Health and Safety Code; (iv) severe emotional disturbance, as defined by Section 261.001, Family Code; (v) traumatic brain injury, as defined by Section 92.001, Health and Safety Code; or, (vi) mental illness, as defined by Section 571.003, Health and Safety Code; or. 685 (H.B. ASSAULT Sec. 284(32), eff. 1028, Sec. 76, Sec. Domestic assault is a Class A misdemeanor if the contact caused pain (such as a slap), left physical marks (such as cuts or bruises) or resulted in lasting . 903, Sec. 22.01. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. 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 for non-profit, educational, and government users. 1, eff. 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 A charge of assault can become a crime depending on the type of person being attacked or the type of attack. You'll have to pay up to $500 if you're charged with Class C assault in Texas. 318, Sec. 22.10. 19, eff. An offense under Subsection (b) is a felony of the third degree. 1, eff. 3, eff. (f) An offense under Subsection (a)(3) or (a-1)(3) is a felony of the third degree when the conduct is committed intentionally or knowingly, except that an offense under Subsection (a)(3) is a felony of the second degree when the conduct is committed intentionally or knowingly and the victim is a disabled individual residing in a center, as defined by Section 555.001, Health and Safety Code, or in a facility licensed under Chapter 252, Health and Safety Code, and the actor is an employee of the center or facility whose employment involved providing direct care for the victim. Sec. committed against a person whose relationship to or association with the defendant 33, eff. 14.829, eff. 949 (H.B. 751 (H.B. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1994; Acts 1995, 74th Leg., ch. The degree and severity of Texas assault charges depend on the offender's mental state, the extent of the injury, and certain characteristics of the alleged . (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). Amended by Acts 1989, 71st Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. commitment facility; or, (ii)in retaliation for or on account of an exercise of official power or performance September 1, 2017. An assault is classified as a class a misdemeanor if bodily injury was caused. 2, eff. Assault by contact is an assault where physical contact is involved. Sec. 260 (H.B. What is an Assault? 388, Sec. (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. 688), Sec. September 1, 2019. 1029, Sec. 1306), Sec. 3, eff. Search Texas Statutes. (C) the victim is an elderly individual or a disabled individual. Aggravated Assault: Explained. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. What is the current Texas law about Assault? (c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if: (1) the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance methamphetamine in the presence of the child; (2) the person's conduct related to the proximity or accessibility of the controlled substance methamphetamine to the child and an analysis of a specimen of the child's blood, urine, or other bodily substance indicates the presence of methamphetamine in the child's body; or. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. of the contract, if the actor knows the person or employee is authorized by government 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. 2, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. (c) Section 25.07(a), Penal Code, is amended to read as follows: (a) A person commits an offense if, in violation of a . (1) "Child" has the meaning assigned by Section 22.011(c). (i) It is an affirmative defense to prosecution under Subsection (b)(2) that before the offense the actor: (1) notified in person the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d), and notified in writing the parents or a person, other than the actor, acting in loco parentis to the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d); or. Sept. 1, 1994. Amended by Acts 1979, 66th Leg., p. 367, ch. 2, eff. 734 (H.B. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 164, Sec. 623 (H.B. (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Texas Penal Code . 01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. 1286, Sec. 29), Sec. Acts 2021, 87th Leg., R.S., Ch. 620 (S.B. 16.002, eff. 900, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (3) "Disabled individual" means a person older than 13 years of age who 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. 22.01. Acts 2021, 87th Leg., R.S., Ch. Added by Acts 1983, 68th Leg., p. 2812, ch. (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) touches another person with the anus, breast, or any part of the genitals of any person; (3) exposes or attempts to expose another person's genitals, pubic area, anus, buttocks, or female areola; or. 1, eff. 495), Sec. or staff member. 3, eff. 6, eff. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. September 1, 2021. 1, eff. Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . 955 (S.B. ASSAULTIVE OFFENSES PENAL CODE TITLE 5. 162, Sec. (2) uses or exhibits a deadly weapon during the commission of the assault. (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. Sept. 1, 1981; Acts 1989, 71st Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 2001. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. (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. (d)For purposes of Subsection (b), the actor is presumed to have known the person 1, eff. (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. 1006, Sec. a service within the scope of the contract; (4)a person the actor knows is a security officer while the officer is performing 38.111. improper contact with victim sec. we provide special support (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. 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. An offense under Subsection (a-1) is a state jail felony when the person, with criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), or (3). September 1, 2021. Indecent Assault Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Acts 2015, 84th Leg., R.S., Ch. 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. Added by Acts 1983, 68th Leg., p. 5312, ch. 528, 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. (b)An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense Acts 1973, 63rd Leg., p. 883, ch. 91), Sec. (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. 459, Sec. (b) An offense under this section is a felony of the third degree. Sec. 1, eff. 1, eff. (m) It is an affirmative defense to prosecution under Subsections (a)(1), (2), and (3) for injury to a disabled individual that the person did not know and could not reasonably have known that the individual was a disabled individual, as defined by Subsection (c), at the time of the offense. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. (3) 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. assaulted was a public servant, a security officer, or emergency services personnel 665 (H.B. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. 875 (H.B. 14, Sec. or nolo contendere in return for a grant of deferred adjudication, regardless of whether SEXUAL OFFENSES. 1576), Sec. Acts 2009, 81st Leg., R.S., Ch. (b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), (2), or (3) is conduct constituting an offense under this section if: (1) the actor has a legal or statutory duty to act; or. Class a assault texas penal code. 1, eff. 6, eff. 977, Sec. 79, Sec. 3, eff. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. The lowest level of an offense that someone can be charged with is a Class C misdemeanor. Acts 2011, 82nd Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. Oct. 2, 1984. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 12, eff. 528, Sec. 1, eff. 573, Sec. Next . 623 (H.B. Assault by Threat is a Class C offense in Texas and is subject to fines of up to $500. 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 Texas penal code penal tx penal section 22.01. class a misdemeanor sec. 878, Sec. 784 (H.B. (2)Repealed by Acts 2005, 79th Leg., ch. 284(23) to (26), eff. 1576), Sec. (g) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections. An offense under Subsection (c) is a felony of the third degree. (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. 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