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. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. Sexual Assault Offense Classification. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. OFFENSES AGAINST THE PERSON. Acts 2009, 81st Leg., R.S., Ch. 1, eff. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. 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 900, Sec. A person convicted of a Class C misdemeanor in Texas can expect the following penalties: Fines up to $500. 900, Sec. 549), Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 643), Sec. 1.01, eff. According to Texas law, Texas Penal Code Ann. September 1, 2017. Added by Acts 1983, 68th Leg., p. 2812, ch. Sept. 1, 1985; Acts 1987, 70th Leg., ch. These offenses are the lowest level of misconduct punishable as a crime in texas. 1, eff. 22.11. 620, Sec. a service within the scope of the contract; (4)a person the actor knows is a security officer while the officer is performing When the conduct is engaged in recklessly, the offense is a felony of the second degree. Class C misdemeanors are a type of crime in Texas. 2)"use or exhibits a deadly weapon during the commission of the assault". 659, Sec. 1, eff. 788 (S.B. 361 (H.B. Sept. 1, 1994. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. 896, Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 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 904, Sec. September 1, 2019. Sept. 1, 1981; Acts 1989, 71st Leg., ch. Sept. 1, 1999; Acts 1999, 76th Leg., ch. (c) The actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. September 1, 2007. ASSAULT Sec. The lowest level of an offense that someone can be charged with is a Class C misdemeanor. 900, Sec. (last accessed Jun. Acts 2015, 84th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 22.12. In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. or nolo contendere in return for a grant of deferred adjudication, regardless of whether 1019, Sec. 2, eff. normal breathing or circulation of the blood of the person by applying pressure to (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 1575), Sec. 900, Sec. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 399, Sec. 427 (H.B. 22.08. of the second degree if the offense is committed against a person the actor knows (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 . Acts 2005, 79th Leg., Ch. 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. 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 if the person was wearing a distinctive uniform or badge indicating the person's employment 284(32), eff. September 1, 2021. 1, eff. 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 38.113. unauthorized absence from community corrections facility, county . (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. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. September 1, 2011. An assault is legally defined as an offensive contact. 739, Sec. September 1, 2005. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. Acts 2009, 81st Leg., R.S., Ch. Class C misdemeanors are the least serious crimes under Texas Penal code. Sept. 1, 1983; Acts 1985, 69th 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. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Class C misdemeanor Punishment is up to $500 fine only; Prosecuted either in municipal court or the Justice of the Peace. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 1006, Sec. (e) An offense under this section is a felony of the first degree. 1306), Sec. 5, eff. (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. Reenacted and amended by Acts 2005, 79th Leg., Ch. Acts 2009, 81st Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1.01, eff. (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. DEADLY CONDUCT. Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 1987, 70th Leg., ch. Texas Misdemeanor Crimes Class C Misdemeanors in Texas. Evaluating Your Legal Options in Pearland An offense under this section is a Class C misdemeanor. (B) regardless of whether the person knows the age of the child at the time of the offense, intentionally or knowingly: (i) causes the penetration of the anus or sexual organ of a child by any means; (ii) causes the penetration of the mouth of a child by the sexual organ of the actor; (iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or, (v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and. (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. 62, Sec. Public intoxication (Penal Code 49.02), Assault by contact (Penal Code 22.01(a)(3)), Theft of less than $100 (Penal Code 31.03), 282 (H.B. Acts 1973, 63rd Leg., p. 883, ch. Over time, the Texas Legislature passes more laws and recently, there has been the passage of a new domestic assault family violence statute (Texas Penal Code 2.01(b)(2),22.01(b)(2)(b)) involving choking or attempting to strangle another person as identified in Texas Penal Code Sections 71.0021(b), 71.003, or 71.005: 1, eff. AIDING SUICIDE. that are substantially similar to the elements of an offense listed in those subsections (m) It is an affirmative defense to prosecution under Subsections (a)(1), (2), and (3) for injury to a disabled individual that the person did not know and could not reasonably have known that the individual was a disabled individual, as defined by Subsection (c), at the time of the offense. 22.011. 977, Sec. 2, eff. September 1, 2009. 1.01, eff. 1, eff. Class A misdemeanor "Bodily injury" means physical pain, illness, or any impairment of physical condition - Texas Penal Code 1.07(8); (1) "Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations. 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 ASSAULTIVE OFFENSES PENAL CODE TITLE 5. emergency services; (6)a pregnant individual to force the individual to have an abortion; or. 900, Sec. If simple assault only involves threats of injury or offensive contact, then the offense is a Class C misdemeanor, punishable by a maximum fine of $500. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). 2, eff. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. According to Texas Penal Code 22.01, you could be arrested for the crime of simple assault if you intentionally, knowingly or recklessly cause bodily injury to another person, threaten another person with imminent bodily harm or cause physical contact with another person that you know is provocative or offensive. 1, eff. 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 An offense under Subsection (a-1) is a state jail felony when the person, with criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), or (3). 900, Sec. Penal Code 12.21] Class A Misdemeanor [T Confinement in jail for a te rm not to exceed one year Fine not to exceed $4,000 Both such fine and confinement Class B Misdemeanor [Tex. (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. Assault in the second degree: Class D or C felony. (b) A person commits an offense if he knowingly discharges a firearm at or in the direction of: (2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied. Location: 3, eff. (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. Jan. 1, 1974. (b-2)Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony Sept. 1, 1995; Acts 1995, 74th Leg., ch. September 1, 2021. 549), Sec. 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. 873 (S.B. 977, Sec. (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. Search by Keyword or Citation. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. 1306), Sec. 687, Sec. Acts 2005, 79th Leg., Ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (b) A person commits an offense if he knowingly or intentionally tampers with a consumer product knowing that the consumer product will be offered for sale to the public or as a gift to another. 791, Sec. Assault is a common charge in . 1, eff. Acts 2017, 85th Leg., R.S., Ch. Assault - last updated April 14, 2021 7, eff. 1, eff. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. (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. 294, Sec. Acts 2005, 79th Leg., Ch. 667), Sec. 719 (H.B. 2005 Texas Penal Code CHAPTER 22. Sept. 1, 1989; Acts 1991, 72nd 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. (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. (8) a person the actor knows is pregnant at the time of the offense. 734 (H.B. (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. 902), Sec. Sec. 53a-60. (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. 2, eff. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly causes bodily injury to another, including Class a assault texas penal code. 665 (H.B. The punishment according to Sec. 22.06. 1.02. objectives of code . September 1, 2005. September 1, 2019. we provide special support 1, 2, eff. 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. 184), Sec. September 1, 2007. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1.125(a), eff. 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 2, eff. September 1, 2007. 1052, Sec. 4170), Sec. (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. (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section Sept. 1, 2001. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. In fact, class C misdemeanors do not require any jail time. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. 91), Sec. 3, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Criminal bodily harm includes injuries sustained by a . September 1, 2005. Added by Acts 1999, 76th Leg., ch. 3, eff. Acts 2011, 82nd Leg., R.S., Ch. 2, eff. Acts 1973, 63rd Leg., p. 883, ch. 6, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. INDECENT ASSAULT. Sept. 1, 1994; Acts 2003, 78th Leg., ch. to provide the service; or. . Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. 14, Sec. An offense under Subsection (c) is a felony of the third degree. 21.002(14), eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. September 1, 2015. The definition of assault is broad. (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. Texas Penal Code . Sept. 1, 1995; Acts 1997, 75th Leg., ch. You'll have to pay up to $500 if you're charged with Class C assault in Texas. (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 2, Sec. September 1, 2019. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. 91), Sec. 273, Sec. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; Current as of April 14, 2021 | Updated by FindLaw Staff. (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. 1286), Sec. 2nd Degree Felony for Aggravated Assault. TAMPERING WITH CONSUMER PRODUCT. title 1. introductory provisions chapter 1. general provisions. September 1, 2007. 467 (H.B. (3) "Household" has the meaning assigned by Section 71.005, Family Code. 1, eff. 1, eff. 840 (H.B. 1, eff. 1.01. short title sec. September 1, 2021. 22.02. 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