294, Sec. DEADLY CONDUCT. Acts 2005, 79th Leg., Ch. 903, Sec. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. | https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/. Texas Penal Code 22.01(b) states that an assault offense under Texas Penal Code 22.01(a)(1) is a Class A misdemeanor, except that the offense is a third-degree felony if the offense is committed against a person whose relationship to or association with the . Assault Causing Bodily Injury. Sept. 1, 2003; Acts 2003, 78th Leg., ch. power or performance of an official duty as a public servant; (2)a person whose relationship to or association with the defendant is described 1052, Sec. Sept. 1, 2003. September 1, 2011. 1.01, eff. by Section 71.0021(b), 71.003, or 71.005, Family Code; or. Acts 2017, 85th Leg., R.S., Ch. (2) "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. 1, eff. 739, Sec. (3) "Household" has the meaning assigned by Section 71.005, Family Code. Acts 2009, 81st Leg., R.S., Ch. (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. 361 (H.B. 15.02(b), eff. Prev. 1, eff. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 643), Sec. They are the least severe type of misdemeanor. 900, Sec. (2) "Spouse" means a person who is legally married to another. Amended by Acts 1985, 69th Leg., ch. or nolo contendere in return for a grant of deferred adjudication, regardless of whether 2066), Sec. a service within the scope of the contract. . Sept. 1, 2001. 7, 2021). 1808), Sec. Evaluating Your Legal Options in Pearland 25.11 (Continuous Violence Against the Family), 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). 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 22.10. 1.01, eff. 38, eff. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Texas Disciplinary Rules of Professional Conduct, the attorney . Class C misdemeanor Punishment is up to $500 fine only; Prosecuted either in municipal court or the Justice of the Peace. 1, eff. Acts 2005, 79th Leg., Ch. Penal Code Title 5 Texas Penal Code Sec. Sec. 949 (H.B. 135, Sec. 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 Jan. 1, 1974. (b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), (2), or (3) is conduct constituting an offense under this section if: (1) the actor has a legal or statutory duty to act; or. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. 318, Sec. 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. Acts 2021, 87th Leg., R.S., Ch. An offense under Subsection (c) is a felony of the third degree. An offense under Subsection (b) is a felony of the third degree. Often, verbal threats are made in response to a challenging or tense situation, and the person making them may not mean what they say. 875 (H.B. Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; 1, eff. Texas Penal Code . Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. 1415, Sec. Class C misdemeanors are a type of crime in Texas. Under Texas Penal Code Ch 22.01 - Assault, an individual commits misdemeanor assault if they intentionally, knowingly, or recklessly: Cause bodily injury to another; Threaten bodily injury to another; Cause physical contact with another, while knowing the . 543 (H.B. Sept. 1, 1994; Acts 2003, 78th Leg., ch. September 1, 2017. (c-1) Notwithstanding Subsection (c)(2), an offense under Subsection (a)(2) is a state jail felony if the offense is committed against a person the actor knows is a peace officer or judge. 1, eff. 1, eff. 2, eff. Penal Code 12.22] Confinement in jail for a te rm not to exceed 180 days Fine not to exceed $2,000 (B)a person who contracts with the state to perform a service in a civil commitment 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. ASSAULT. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 788, 6. 2, eff. 273, Sec. 3, eff. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. 3, eff. August 1, 2005. 1, eff. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. 1549), Sec. Acts 2019, 86th Leg., R.S., Ch. 1, eff. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the 3, eff. Acts 2017, 85th Leg., R.S., Ch. (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. Sept. 1, 2003. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 788 (S.B. Indecent Assault. 1.01. short title sec. The texas penal code defines an aggravated assault charge as an assault using or threatening to use a deadly weapon. intercollegiate, or other organized amateur or professional athletic competition and Sept. 1, 1994; Acts 2003, 78th Leg., ch. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. (b-2)Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony 273 (H.B. 1031, Sec. 584 (S.B. 1286, Sec. 1.01, eff. 467 (H.B. September 1, 2009. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 24, eff. 1.01, eff. 1029, Sec. Acts 2021, 87th Leg., R.S., Ch. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. A person convicted of a Class C misdemeanor in Texas can expect the following penalties: Fines up to $500. 1, eff. (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 facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope 4, eff. 528, Sec. 2, eff. of the contract, if the actor knows the person or employee is authorized by government Jan. 1, 1974. (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. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. Added by Acts 1985, 69th Leg., ch. 1019, Sec. September 1, 2009. 1 to 3, eff. 557, Sec. 361 (H.B. 53a-60a. Amended by Acts 1989, 71st Leg., ch. when it is a prohibited person of marriage. 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. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. 620 (S.B. 8), Sec. 662, Sec. (d)For purposes of Subsection (b), the actor is presumed to have known the person (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. (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. 773. 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 3, eff. 440 (H.B. September 1, 2017. 623 (H.B. 18, eff. 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 texas penal code. (b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01. 734 (H.B. 1, 2, eff. 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) (C) the victim is an elderly individual or a disabled individual. Oct. 2, 1984. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 357, Sec. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. (1) "Child" means a person 14 years of age or younger. September 1, 2017. 155, Sec. 685 (H.B. 1102, Sec. 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