Acts 2017, 85th Leg., R.S., Ch. title 1. introductory provisions chapter 1. general provisions. 1259), Sec. 751 (H.B. Texas Penal Code 22.02 (a) states that a person commits an offense if the person commits assault as defined in 22.01 and the person: Causes serious bodily injury to another, including the person's spouse; or Uses or exhibits a deadly weapon during the commission of the assault. Acts 2005, 79th Leg., Ch. 2, eff. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. to force the individual to have an abortion. Class C misdemeanors are the least serious crimes under Texas Penal code. In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. 1 to 3, eff. Acts 1973, 63rd Leg., p. 883, ch. intercollegiate, or other organized amateur or professional athletic competition and (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. Sec. They are the least severe type of misdemeanor. 662, Sec. Jan. 1, 1974. 977, Sec. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. 194), Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sec. Assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree: Class D felony: Two years not suspendable. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. In addition, Acts 2005, 79th Leg., Ch. 2, eff. Jan. 1, 1974. (4)Sports participant means a person who participates in any official capacity with respect to an interscholastic, (b-1)Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony Sept. 1, 1999; Acts 2003, 78th Leg., ch. that are substantially similar to the elements of an offense listed in those subsections Read the code on findlaw explore resources for. 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. 900, Sec. What is an Assault? DEADLY CONDUCT. 1549), Sec. 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 3, eff. Assault on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. we provide special support 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. (b) An offense under this section is a felony of the third degree. 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 ASSAULT. Misdemeanors are punishable by a year or less in a local jail, a fine, or both. Community service. Section 22.01 Assault, (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 1, eff. Sept. 1, 1994. 7, eff. 1, eff. Added by Acts 1983, 68th Leg., p. 5312, ch. September 1, 2021. 12.23 of the Texas Criminal Penal Code states, "An individual convicted of a Class C misdemeanor shall be punished by a fine not to exceed $500". Acts 2005, 79th Leg., Ch. . performance of an official duty as a peace officer or judge. Acts 2017, 85th Leg., R.S., Ch. If simple assault involves assaulting an athlete or . Through social September 1, 2007. Assault in Texas is defined in Penal Code Chapter 22 and covers everything from a class C offensive touching to a first-degree aggravated assault punishable by up to life in prison. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. 1)"Causes serious Bodily INJURY to another, including the person's spouse". HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. Acts 2017, 85th Leg., R.S., Ch. 1, eff. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. Jan. 1, 1974. 62, Sec. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. (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. 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 June 11, 2009. September 1, 2019. September 1, 2007. Assault by Contact According to Section 22.01 of Texas Penal Code, a person commits misdemeanor assault in Texas if he or she: intentionally, knowingly or recklessly causes bodily injury to another including their spouse (ABI and ABI-FM); intentionally or knowingly threatens another with imminent bodily injury (Assault by Threat); or Sec. Acts 2019, 86th Leg., R.S., Ch. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1.01, eff. 91), Sec. Acts 2021, 87th Leg., R.S., Ch. 977, Sec. 6, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. . Acts 2009, 81st Leg., R.S., Ch. 1.02. objectives of code . Acts 2021, 87th Leg., R.S., Ch. (C) in discharging the firearm, causes serious bodily injury to any person. by Section 71.0021(b), 71.003, or 71.005, Family Code; and. (b) An offense under this section is a Class C misdemeanor unless the actor's conduct causes suicide or attempted suicide that results in serious bodily injury, in which event the offense is a state jail felony. 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. Sec. (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. Public intoxication (Penal Code 49.02), Assault by contact (Penal Code 22.01(a)(3)), Theft of less than $100 (Penal Code 31.03), 4170), Sec. 705), 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. The law defines "family violence" under the Family Code as assault towards a member of the family (by blood) or household. 1, 2, eff. Acts 2015, 84th Leg., R.S., Ch. 728 (H.B. 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. Location: Acts 2017, 85th Leg., R.S., Ch. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. 24), Sec. (3) "Household" has the meaning assigned by Section 71.005, Family Code. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 528, Sec. (c) Section 25.07(a), Penal Code, is amended to read as follows: (a) A person commits an offense if, in violation of a . 461 (H.B. (a) A person commits an offense: (i) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or, (iii) 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. 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. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Sept. 1, 1994; Acts 2003, 78th Leg., 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; September 1, 2017. (3)a Class A misdemeanor if the offense is committed against a pregnant individual 22.01 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) (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. -or-. 1, eff. September 1, 2011. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 335, Sec. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. normal breathing or circulation of the blood of the person by applying pressure to official duty or in retaliation or on account of an exercise of official power or capacity as a sports participant; or, (B)in retaliation for or on account of the participant's performance of a duty or Sec. 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 September 1, 2021. discharging an official duty, or in retaliation or on account of an exercise of official (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. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. Jan. 1, 1974. 667), Sec. 29, eff. There is no bail bond amount in this case, and the defendant is released to appear for a court date. 15.02(a), eff. 1, eff. 1, eff. 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. Amended by Acts 1979, 66th Leg., p. 367, ch. 2, eff. Amended by Acts 1989, 71st Leg., ch. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. Assault by contact is an assault where physical contact is involved. Acts 1973, 63rd Leg., p. 883, ch. 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