Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . Sexual Assault, except as provided by Subdivision (1) Arson Trafficking of Persons under Section 20A.02 (a) (1), (2), (3), or (4), Penal Code Compelling Prostitution under Section 43.05 (a) (1), Penal Code Felonies with a 7 year statute of limitation: Misapplication of fiduciary property or property of a financial institution How Texas Penal Code Ch 22.01 Defines Assault. 7, 2021). (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to: (1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies; (2) place any person in fear of imminent serious bodily injury; (3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place; (4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service; (5) place the public or a substantial group of the public in fear of serious bodily injury; or. 1, eff. for non-profit, educational, and government users. 21.001(39), eff. (B)in retaliation for or on account of the person's or employee's performance of 1158, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1, eff. TITLE 5. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. 1028, Sec. Added by Acts 1984, 68th Leg., 2nd C.S., ch. September 1, 2021. 822, Sec. 939, Sec. 1306), Sec. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. 2, eff. 1576), Sec. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope 1259), Sec. 1576), Sec. (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. 29, eff. 38.111. improper contact with victim sec. 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 . (1) "Child" means a person 14 years of age or younger. Added by Acts 2019, 86th Leg., R.S., Ch. 139, Sec. (d) Except as provided by Subsection (e), an offense under Subsection (b) is: (1) a state jail felony if the actor abandoned the child with intent to return for the child; or. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 1, eff. 399, Sec. 22.12. 12.23. class c misdemeanor . Acts 2019, 86th Leg., R.S., Ch. AIDING SUICIDE. 24), Sec. (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. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. 16.002, eff. 8), Sec. Amended by Acts 1979, 66th Leg., p. 367, ch. 399, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Amended by Acts 1993, 73rd Leg., ch. September 1, 2015. Sept. 1, 2003; Acts 2003, 78th Leg., ch. ABANDONING OR ENDANGERING CHILD. (c) A person commits an offense if he knowingly or intentionally threatens to tamper with a consumer product with the intent to cause fear, to affect the sale of the consumer product, or to cause bodily injury to any person. 46, eff. 667), Sec. (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. (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. 688), Sec. DEFINITIONS. normal breathing or circulation of the blood of the person by applying pressure to 2, eff. (A) the actor was not more than three years older than the victim and at the time of the offense: (i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or, (ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and, (i) was a child of 14 years of age or older; and, (a) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; or. ASSAULTIVE OFFENSES Sec. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. 949 (H.B. discharging an official duty, or in retaliation or on account of an exercise of official Amended by Acts 1993, 73rd Leg., ch. (2) not attended by an individual in the vehicle who is 14 years of age or older. 164, Sec. 22.012 Indecent Assault (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) 01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Texas Penal Code . September 1, 2017. 1, eff. 440 (H.B. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 900, Sec. Acts 2005, 79th Leg., Ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 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. 1, eff. Texas Penal Code Section 22.01 - Assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Penal Code 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. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Indecent Assault. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing Sept. 1, 1994; Acts 2003, 78th Leg., ch. APPLICABILITY TO CERTAIN CONDUCT. Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. AGGRAVATED SEXUAL ASSAULT. (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. Domestic assault is a Class C misdemeanor if the victim suffered no physical pain or lasting harm. who, in the course and scope of employment or as a volunteer, provide services for 1415, Sec. 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. 22.01, assault covers three different types of actions. Jan. 1, 1974. 1, eff. 553, Sec. 22.01. (4)Sports participant means a person who participates in any official capacity with respect to an interscholastic, (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section 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 (3)intentionally or knowingly causes physical contact with another when the person 1, eff. Acts 2009, 81st Leg., R.S., Ch. (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. 22.021. 15.02(a), eff. 29), 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 . 4, eff. (1) "Child" means a person younger than 17 years of age. 1, eff. (2) is committed against a public servant. In addition, Sept. 1, 1994; Acts 1995, 74th Leg., ch. 1, eff. 27.01, 31.01(68), eff. 459, Sec. (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). Acts 2015, 84th Leg., R.S., Ch. (i) was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title; (ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and, (iii) did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or, (A) the actor was not more than three years older than the victim at the time of the offense; and. sec. The punishment according to Sec. 623 (H.B. Acts 2019, 86th Leg., R.S., Ch. 38, eff. Acts 2005, 79th Leg., Ch. Sept. 1, 1985; Acts 1987, 70th Leg., ch. September 1, 2021. 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 (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. (a) A person commits an offense if, with the intent to assault, harass, or alarm, the person: (1) while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal; (2) while committed to a civil commitment facility, causes: (A) an officer or employee of the Texas Civil Commitment Office to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (B) a person who contracts with the state to perform a service in the facility or an employee of that person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; or. 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