530, Sec. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 3, eff. 53a-60b. Sept. 1, 1985; Acts 1987, 70th Leg., ch. September 1, 2005. 1, eff. https://texas.public.law/statutes/tex._penal_code_section_22.01. (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. (j) Written notification under Subsection (i)(2) or (i)(3) is not effective unless it contains the name and address of the actor, the name and address of the child, elderly individual, or disabled individual, the type of care provided by the actor, and the date the care was discontinued. (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. (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. Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; In fact, class C misdemeanors do not require any jail time. September 1, 2021. This chapter does not apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is: (1) committed by the mother of the unborn child; (2) a lawful medical procedure performed by a physician or other health care provider with the requisite consent; (3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code; or. 1, eff. 1, eff. An offense under Subsection (b) is a felony of the third degree. Public intoxication (Penal Code 49.02), Assault by contact (Penal Code 22.01(a)(3)), Theft of less than $100 (Penal Code 31.03), 3, eff. 446, Sec. 18, eff. Acts 2005, 79th Leg., Ch. (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. 34, eff. (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 (3 . 604, Sec. 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. 2, 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. Class C Assault is described in Section 22.01 (a) (2) and (3) of the Texas Penal Code as follows: [1] (a) A person commits an offense if the person: (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or 791, Sec. 1019, Sec. (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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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". September 1, 2019. Assault by contact is an assault where physical contact is involved. 273, Sec. 53a-60. While Class C misdemeanors don't require jail time, these charges still come with a hefty fine. (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. Acts 2017, 85th Leg., R.S., Ch. 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 . Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. Sept. 1, 2003; Acts 2003, 78th Leg., ch. TITLE 5. Acts 2017, 85th Leg., R.S., Ch. 21.002(14), eff. 1, eff. 977, Sec. Cookie Settings. Sept. 1, 1983; Acts 1985, 69th Leg., ch. September 1, 2017. 10, eff. 284(23) to (26), eff. 440 (H.B. 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 Acts 2017, 85th Leg., R.S., Ch. (b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against: (1) a person the actor knows is a public servant while the public servant 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 public servant; (2) 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: (A) 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, 21.11, or 25.11 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; or. Jan. 1, 1974. 878, Sec. 1, eff. 361 (H.B. 584 (S.B. TAMPERING WITH CONSUMER PRODUCT. Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. Assault in the second degree: Class D or C felony. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. (2) uses or exhibits a deadly weapon during the commission of the assault. SEXUAL ASSAULT. (C) in discharging the firearm, causes serious bodily injury to any person. 25.11 (Continuous Violence Against the Family), 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). for non-profit, educational, and government users. Current as of April 14, An offense under this section is a Class A misdemeanor. Assault by Contact, Assault on a Public Servant, Sexual Assault, Assault Family Violence, Assault by Contact (Class C) etc. Acts 2011, 82nd Leg., R.S., Ch. 139, Sec. (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. Current as of April 14, 2021 | Updated by FindLaw Staff. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 939, Sec. The criminal charge of "assault" can mean so many different things in a Texas court, ranging from a credible threat of committing violence to another person to actually inflicting serious bodily injury. Class C offenses are punishable by a $500 fine, but a conviction can cause other problems. Sept. 1, 2003; Acts 2003, 78th Leg., ch. is a conviction of the offense listed. OFFENSES AGAINST THE PERSON. According to Texas law, Texas Penal Code Ann. 2018), Sec. 164, Sec. (1) "Family" has the meaning assigned by Section 71.003, Family Code. Original Source: Amended by Acts 1977, 65th Leg., p. 2067, ch. September 1, 2017. (b) An offense under this section is a Class C misdemeanor. Acts 2009, 81st Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 946), Sec. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 1, eff. 728 (H.B. 76, Sec. Sept. 1, 2003; Acts 2003, 78th 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; (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. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 1306), Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (d) For purposes of an omission that causes a condition described by Subsection (a)(1), (2), or (3), the actor has assumed care, custody, or control if the actor has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that the actor has accepted responsibility for protection, food, shelter, or medical care for a child, elderly individual, or disabled individual. Acts 2007, 80th Leg., R.S., Ch. Sec. 22.041. the offense is: (1)a Class A misdemeanor if the offense is committed under Subsection (a)(3) against September 1, 2005. The definition of assault is broad. (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. (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 1, eff. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. 900, Sec. of the second degree if: (1)the offense is committed against a person whose relationship to or association 2066), Sec. (3)intentionally or knowingly causes physical contact with another when the person Acts 1973, 63rd Leg., p. 883, ch. Deliberately threatening another person with imminent physical harm "Intentionally, knowingly, or recklessly" causing physical harm or injury to another person Using physical contact on a person that is knowingly offensive or provocative Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 22.04. Acts 2009, 81st Leg., R.S., Ch. includes an athlete, referee, umpire, linesman, coach, instructor, administrator, (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section Class C misdemeanor Punishment is up to $500 fine only; Prosecuted either in municipal court or the Justice of the Peace. September 1, 2021. 1, eff. 21.01. 1, 2, eff. These cases are quite complex and benefit from the expertise of a criminal defense attorney. Sept. 1, 1999. Search Texas Statutes. Sec. (last accessed Jun. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 164, Sec. emergency services; (6)a pregnant individual to force the individual to have an abortion; or. (e) An offense under Subsection (b) is a felony of the second degree if the actor abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment. 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 (C) the victim is an elderly individual or a disabled individual. (3)a Class A misdemeanor if the offense is committed against a pregnant individual Copyright 2023, Thomson Reuters. Sept. 1, 1983. September 1, 2021. official duty or in retaliation or on account of an exercise of official power or 1, eff. 15.02(b), eff. An offense under Subsection (c) is a felony of the third degree. Amended by Acts 1993, 73rd Leg., ch. 685 (H.B. Amended by Acts 1985, 69th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. September 1, 2011. 900, Sec. (b)An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense ABANDONING OR ENDANGERING CHILD. (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 commitment facility; or, (ii) in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or. 1259), Sec. June 11, 2009. 2, eff. (d)For purposes of Subsection (b), the actor is presumed to have known the person (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. entrepreneurship, were lowering the cost of legal services and 1415, Sec. 705), Sec. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the 184), Sec. 3, eff. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. 14.829, eff. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. Sept. 1, 1997; Acts 1995, 74th Leg., ch. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 1354), Sec. 1, eff. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. AGGRAVATED SEXUAL ASSAULT. 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. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. ASSAULTIVE OFFENSES Sec. There is no bail bond amount in this case, and the defendant is released to appear for a court date. 91), Sec. Acts 2017, 85th Leg., R.S., Ch. 2, eff. 11, eff. 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