1038 (H.B. Acts 2021, 87th Leg., R.S., Ch. Amended by Acts 1993, 73rd Leg., ch. 27.01, 31.01(68), eff. 2, eff. 399, Sec. AGGRAVATED SEXUAL ASSAULT. Sept. 1, 2003. 18, eff. 91), Sec. 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 2, eff. official duty or in retaliation or on account of an exercise of official power or (C) the victim is an elderly individual or a disabled individual. An offense under this section is a Class C misdemeanor. 294, Sec. You'll have to pay up to $500 if you're charged with Class C assault in Texas. 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 . 164), Sec. How Texas Penal Code Ch 22.01 Defines Assault. The definition of assault is broad. Class a assault texas penal code. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 22.01. Jan. 1, 1974. . 8), Sec. 334, Sec. . 1, eff. September 1, 2009. 1, eff. (d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony. Acts 2017, 85th Leg., R.S., Ch. 900, Sec. 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. (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. 3607), Sec. (f) The minimum term of imprisonment for an offense under this section is increased to 25 years if: (1) the victim of the offense is younger than six years of age at the time the offense is committed; or. (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. 6.05, eff. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. 3019), Sec. (b) An offense under this section is a felony of the third degree. 461 (H.B. September 1, 2007. 900, Sec. Acts 2005, 79th Leg., Ch. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. https://texas.public.law/statutes/tex._penal_code_section_22.01. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. 2.04, eff. 3, eff. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. (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. 2, eff. (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. 53a-60. 1.01, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 4170), Sec. (c)An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that 27, eff. Acts 1973, 63rd Leg., p. 883, ch. Amended by Acts 1979, 66th Leg., p. 1114, ch. September 1, 2007. Texas Penal Code has a specific statute for continuous violence against the family. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. 79, Sec. Texas Penal Code - Penal 22.012 - Findlaw (c) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. 900, Sec. 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 If simple assault involves assaulting an athlete or . Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (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. Assault in the second degree: Class D or C felony. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 543 (H.B. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. Acts 2019, 86th Leg., R.S., Ch. OFFENSES AGAINST THE PERSON. 440 (H.B. 2908), Sec. 685 (H.B. 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. when it is a prohibited person of marriage. 2018), Sec. September 1, 2005. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. 1019, Sec. 22.12. or both sections. to force the individual to have an abortion. 164, Sec. Sept. 1, 1999. (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. L/D - Level and . 53a-60a. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sec. 788 (S.B. Sec. Acts 2009, 81st Leg., R.S., Ch. 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. 1286, Sec. Texas Penal Code - PENAL 22.012. 446, 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. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. (g) It is a defense to prosecution under Subsection (c) that the act or omission enables the child to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event. LEAVING A CHILD IN A VEHICLE. 6), Sec. 25.11 (Continuous Violence Against the Family), 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). Sept. 1, 1999; Acts 2001, 77th Leg., ch. Misdemeanors are punishable by a year or less in a local jail, a fine, or both. 1, eff. (2) "Spouse" means a person who is legally married to another. 16.003, eff. (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. 1.01, eff. (B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; (4) a person the actor knows is a security officer while the officer is performing a duty as a security officer; (5) a person the actor knows is emergency services personnel while the person is providing emergency services; (6) a person the actor knows is a process server while the person is performing a duty as a process server; (7) a pregnant individual to force the individual to have an abortion; or. Acts 2017, 85th Leg., R.S., Ch. Jan. 1, 1974. (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. (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. 878, Sec. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly causes bodily injury to another, including 1, eff. Acts 1973, 63rd Leg., p. 883, ch. In fact, class C misdemeanors do not require any jail time. (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. (4)Sports participant means a person who participates in any official capacity with respect to an interscholastic, (2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A). September 1, 2005. 7, eff. 15.02(a), eff. September 1, 2017. or staff member. Acts 2017, 85th Leg., R.S., Ch. 549), Sec. 1575), Sec. the person's spouse; or. 1, eff. 858 (H.B. DEADLY CONDUCT. . 530, Sec. Acts 2005, 79th Leg., Ch. When the conduct is engaged in recklessly, the offense is a felony of the second degree. 22.08. 1286, Sec. 1, 2, eff. 11, eff. Indecent Assault. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. Sept. 1, 1994; Acts 1995, 74th Leg., ch. September 1, 2017. 3, eff. Amended by Acts 1989, 71st Leg., ch. who, in the course and scope of employment or as a volunteer, provide services for Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope Texas Penal Code Section 22.01 defines assault as follows: A person commits an offense if the person: intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or Sept. 1, 1999; Acts 1999, 76th Leg., ch. Assault by contact is an assault where physical contact is involved. Copyright 2023, Thomson Reuters. 2, eff. rent to own homes in rockingham, nc, 87Th Leg., ch conduct that places another in imminent danger of serious bodily injury to a Child, individual! 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