(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 139, Sec. 14, Sec. September 1, 2005. 10, eff. 00 all the way to decades in prison. 22.12. (b-3) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if: (1) the offense is 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; (2) it is shown on the trial of the offense that the defendant has been previously 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 by Section 71.0021(b), 71.003, or 71.005, Family Code; and. 481, Sec. September 1, 2011. September 1, 2019. 8 Digit Number - combo of NCIC and Texas Specific Numbers Literal - as close to the Title of the citation or Chapter as possible - space limitation Statute - the Texas statute, Penal Code, Transportation Code, HSC, etc. Assault by contact is an assault where physical contact is involved. 12, eff. 4170), Sec. 21.001(39), eff. 2, eff. (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. Class: Penal Code: Enhancement: Enhanced Punishment Range: Class A: 12.43(a) Prior Class A or Felony: $4,000, 90 days-1 year: Class B: 12.43(b) Prior Class A, B or Felony: $2,000, 30 days- 180 days: Class C: 12.43(c) 3 Prior Convictions of DOC or Public Intoxication or a combination : $2,000 Max and/or 180 days 34 (S.B. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 3, eff. consequences of a conviction for assault under Texas Penal Code 22.01. ASSAULTIVE OFFENSES 22.01. (a) In this section, "abandon" means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability. 22.01. 27, eff. 33, eff. (1) "Child" has the meaning assigned by Section 22.011(c). Sept. 1, 1994; Acts 1995, 74th Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. 1 (S.B. 2018), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 22.01, assault covers three different types of actions. 282 (H.B. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. Sept. 1, 1997; Acts 1995, 74th Leg., ch. 1, eff. 34, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (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. 788 (S.B. Acts 2009, 81st Leg., R.S., Ch. -2nd Degree Felony-. They are the least severe type of misdemeanor. Acts 2017, 85th Leg., R.S., Ch. 1575), 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. 1, eff. Oct. 2, 1984. 399, Sec. class a misdemeanor sec. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. While jail time is not an option, you could still be left on file with a conviction for assault. AGGRAVATED ASSAULT. 1.18, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. Amended by Acts 1985, 69th Leg., ch. The law defines "family violence" under the Family Code as assault towards a member of the family (by blood) or household. Acts 2017, 85th Leg., R.S., Ch. 38.113. unauthorized absence from community corrections facility, county . Acts 2021, 87th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. Amended by Acts 1977, 65th Leg., p. 2067, ch. 467 (H.B. 2, eff. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Feb. 1, 2004. under another section of this code, the actor may be prosecuted under either section 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 . 22.01. 719 (H.B. (2) "Elderly individual" means a person 65 years of age or older. These offenses are the lowest level of misconduct punishable as a crime in texas. 11, eff. 2018), Sec. 584 (S.B. 1158, Sec. 1808), Sec. (2)Repealed by Acts 2005, 79th Leg., ch. Felony Penalties (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. 2, eff. 809, Sec. 22.06. 01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or . Community service. 900, Sec. 3, eff. An assault is classified as a class a misdemeanor if bodily injury was caused. 16.002, eff. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. Sept. 1, 1999. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. 977, Sec. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. TAMPERING WITH CONSUMER PRODUCT. (c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment. 655, Sec. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. Texas Penal Code . Sept. 1, 1999; Acts 2001, 77th Leg., ch. 53a-60. 530, Sec. 685 (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. 273 (H.B. 21.01. 22.05. 1286), Sec. September 1, 2017. However, they are still more serious than infractions. Acts 2009, 81st Leg., R.S., Ch. (2) is committed against a public servant. 791, Sec. assaulted was a public servant, a security officer, or emergency services personnel 16.002, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 187 (S.B. Current as of April 14, An offense under this section is a Class A misdemeanor. 739, Sec. Texas Penal Code - PENAL 22.012. 946), Sec. Sept. 1, 1994; Acts 2003, 78th Leg., ch. In Texas, an aggravated assault is a second degree felony with punishments including 2 to 20 years in prison and a fine of up to $10,000. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. A person convicted of a misdemeanor in Texas faces the following penalties: for a Class A misdemeanor, up to one year in jail and a $4,000 fine for a Class B misdemeanor, up to 180 days in jail and a $2,000 fine, and for a Class C misdemeanor, up to a $500 fine. . The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. 688), Sec. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. (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. Acts 2015, 84th Leg., R.S., Ch. 1.01, eff. 623 (H.B. to provide the service; or. 12.23. class c misdemeanor . Sept. 1, 1981; Acts 1989, 71st Leg., ch. 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 . 900, Sec. Reenacted and amended by Acts 2005, 79th Leg., Ch. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 79, Sec. 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. 900, Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. Added by Acts 1999, 76th Leg., ch. An offensive contact is a class C assault which is up to a $500 fine. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1, eff. 751 (H.B. Aggravated Assault: Explained. 15.02(b), eff. 34 (S.B. According to Texas law, Texas Penal Code Ann. (2) not attended by an individual in the vehicle who is 14 years of age or older. 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 committed against a person whose relationship to or association with the defendant Amended by Acts 1987, 70th Leg., ch. (B) a person who contracts with the state to perform a service in a civil commitment facility or an employee of that person: (i) 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 the state to provide the service; or. 2908), Sec. 1, 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. 2.017, eff. 399, Sec. intercollegiate, or other organized amateur or professional athletic competition and 788, 6. (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. It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. (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. September 1, 2021. 1, eff. 1 to 3, eff. September 1, 2005. 2, eff. September 1, 2007. Class a assault texas penal code. 840 (H.B. TITLE 5. 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 76, Sec. we provide special support (c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b). 549), Sec. 22.11. 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. 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. 1095), Sec. 1 to 3, eff. 4.02, eff. performance of an official duty as a peace officer or judge. 1087, Sec. (b) An offense under this section is a Class A misdemeanor. September 1, 2019. (ii)in retaliation for or on account of the person's or employee's performance of Same assault Statute that covers assaults between strangers account of the person 's or employee performance! 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