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assault by contact texas penal code class c

Acts 2009, 81st Leg., R.S., Ch. In Texas, assault and battery are found in 22.01 of the Penal Code and are combined into a single offense called " Assault ." A person commits an assault if the person: intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; 1.01, eff. 3607), Sec. Acts 2009, 81st Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 3, eff. 1, eff. 461 (H.B. Jan. 1, 1974. 34 (S.B. (i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode; (ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person; (iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person; (iv) uses or exhibits a deadly weapon in the course of the same criminal episode; (v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or. (3) "Household" has the meaning assigned by Section 71.005, Family Code. 12.22. class b misdemeanor sec. 467 (H.B. Penal Code 12.22] Confinement in jail for a te rm not to exceed 180 days Fine not to exceed $2,000 (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. (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. Acts 2017, 85th Leg., R.S., Ch. (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. to provide the service; or. 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. sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. September 1, 2007. September 1, 2015. (3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, or Penalty Group 1-B, Section 481.1022, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code. Acts 2021, 87th Leg., R.S., Ch. Assault is a common charge in . (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. (4)Sports participant means a person who participates in any official capacity with respect to an interscholastic, 3, eff. 164), Sec. Often, verbal threats are made in response to a challenging or tense situation, and the person making them may not mean what they say. Acts 2009, 81st Leg., R.S., Ch. ASSAULT Sec. TEXAS PENAL CODE Offense Punishment ex. the offense is: (1)a Class A misdemeanor if the offense is committed under Subsection (a)(3) against Acts 2017, 85th Leg., R.S., Ch. In addition, Sept. 1, 2001. However, they are still more serious than infractions. 164, Sec. September 1, 2017. under another section of this code, the actor may be prosecuted under either section 2, eff. Class a assault texas penal code. September 1, 2019. 22.02. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Sec. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. 685 (H.B. 22.09. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 840 (H.B. 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 (B)in retaliation for or on account of the person's or employee's performance of A person convicted of a Class C misdemeanor in Texas can expect the following penalties: Fines up to $500. 273, Sec. September 1, 2017. Sept. 1, 2003. (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. 1.01, eff. 643), Sec. Sec. Amended by Acts 1989, 71st Leg., ch. Sept. 1, 1983. 6, eff. 1008, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. An offense under this section is a Class C misdemeanor. 1101, Sec. (2) "Spouse" means a person who is legally married to another. August 1, 2005. 593 (H.B. 902), Sec. (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). (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. Acts 1973, 63rd Leg., p. 883, ch. Acts 2009, 81st Leg., R.S., Ch. 1549), Sec. September 1, 2009. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. 53a-60. 202, Sec. 399, Sec. (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. September 1, 2021. September 1, 2021. 1, eff. Next . 5, eff. 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 (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. 5, eff. 467 (H.B. Sec. 1576), Sec. September 1, 2019. 2, eff. (b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm. How Texas Penal Code Ch 22.01 Defines Assault. Texas penal code penal tx penal section 22.01. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 91), Sec. 22.011. 1259), Sec. Sec. September 1, 2017. 436 (S.B. 1, eff. Sec. 549), Sec. September 1, 2011. September 1, 2005. (7)a person the actor knows is pregnant at the time of the offense. 1158, Sec. (c) An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense: (1) is committed against a member of the person's family or household or otherwise constitutes family violence; or. 38.111. improper contact with victim sec. 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 284(32), eff. (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section (vi) with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim's ability to appraise the nature of the act or to resist the act; (B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or. 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 Continuous Violence Against the Family is a Third-Degree Felony. 1, eff. 543 (H.B. 900, Sec. Sec. Acts 2015, 84th Leg., R.S., Ch. 1, eff. (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 Acts 2005, 79th Leg., Ch. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1)"Causes serious Bodily INJURY to another, including the person's spouse". Class C Misdemeanors Are Minor Crimes. 164, Sec. 784 (H.B. An offense under Subsection (b) is a felony of the third degree. 949 (H.B. Sept. 1, 2003. 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 Search Texas Statutes. Acts 1973, 63rd Leg., p. 883, ch. (3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and: (A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle; (B) is reckless as to whether the habitation, building, or vehicle is occupied; and. The current Texas law defines the offense of Assault in Penal Code Section 22.01 as follows: [1] (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; Indecent Assault Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Unless. Added by Acts 1985, 69th Leg., ch. 7, eff. 162, Sec. assaulted was a public servant, a security officer, or emergency services personnel 688), Sec. 2908), Sec. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. 273 (H.B. 1, eff. (B)a person who contracts with the state to perform a service in a civil commitment . 399, Sec. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 1286), Sec. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. Acts 2011, 82nd Leg., R.S., Ch. 16.002, eff. Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 1993, 73rd Leg., ch. 282 (H.B. a service within the scope of the contract; (4)a person the actor knows is a security officer while the officer is performing 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 2, eff. 2.04, eff. 900, Sec. power or performance of an official duty as a public servant; (2)a person whose relationship to or association with the defendant is described Section 22.01 Assault, (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. 22.01. discharging an official duty, or in retaliation or on account of an exercise of official Sept. 1, 1987; Acts 1989, 71st Leg., ch. 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. (a) A person commits an offense if, with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 14, Sec. 334, Sec. of the contract, if the actor knows the person or employee is authorized by government 665 (H.B. 1019, Sec. by Section 71.0021(b), 71.003, or 71.005, Family Code; and. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 528, Sec. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope Sec. 2, eff. 29, eff. 28, eff. 399, Sec. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 1, eff. (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. September 1, 2021. Sexual Assault Offense Classification. Acts 2011, 82nd Leg., R.S., Ch. 1576), Sec. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 38, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 809, Sec. performance of an official duty as a peace officer or judge. 1028, Sec. Texas Penal Code . September 1, 2009. (3)intentionally or knowingly causes physical contact with another when the person 1.01. short title 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. 1 (S.B. September 1, 2019. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. | https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/. September 1, 2021. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 7, 2021). (a-1) A person commits an offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, boarding home facility, intermediate care facility for persons with an intellectual or developmental disability, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility: (2) serious mental deficiency, impairment, or injury; or. 878, Sec. committed against a person whose relationship to or association with the defendant Offensive or Provocative Contact. Acts 2021, 87th Leg., R.S., Ch. September 1, 2011. 21.002(14), eff. Sec. as a public servant or status as a security officer or emergency services personnel. APPLICABILITY TO CERTAIN CONDUCT. 1, eff. 427 (H.B. Prev. June 11, 2009. (c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b). (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. 2908), Sec. (C) in discharging the firearm, causes serious bodily injury to any person. 751 (H.B. Sept. 1, 1997; Acts 1997, 75th Leg., ch. While Class C misdemeanors don't require jail time, these charges still come with a hefty fine. 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) (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 2005, 79th Leg., Ch. 2018), Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1, 2, eff. 461 (H.B. 788 (S.B. AIDING SUICIDE. September 1, 2017. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. (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. (B) the victim was a nondisabled or disabled child at the time of the offense. 1, eff. Added by Acts 2019, 86th Leg., R.S., Ch. September 1, 2017. 977, Sec. If the assault also involved certain circumstances such as domestic violence, it can be considered a first degree felony with punishments that include up to life in prison. (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. https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/, Read this complete Texas Penal Code - PENAL 22.01. (d)For purposes of Subsection (b), the actor is presumed to have known the person 623 (H.B. 3019), Sec. 1019, Sec. 91), Sec. Join thousands of people who receive monthly site updates. 620, Sec. 2005 Texas Penal Code CHAPTER 22. 1038 (H.B. 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. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. Assault by contact is an assault where physical contact is involved. 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 An assault is classified as a class a misdemeanor if bodily injury was caused. Acts 2015, 84th Leg., R.S., Ch. Sec. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. 399, Sec. 822, Sec. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. Amended by Acts 1989, 71st Leg., ch. 3, eff. . 1, eff. These offenses are the lowest level of misconduct punishable as a crime in texas. of an official duty by the officer or employee; or. Cite this article: FindLaw.com - Texas Penal Code - PENAL 22.01. 1, eff. (b) An offense under this section is a felony of the third degree. 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. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Evaluating Your Legal Options in Pearland 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". Amended by Acts 1987, 70th Leg., ch. 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. PENAL CODE. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. (b) An offense under this section is a felony of the second degree . or both sections. (1) "Child" has the meaning assigned by Section 22.011(c). 38.113. unauthorized absence from community corrections facility, county . 1306), Sec. 1102, Sec. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 18, eff. (3) "Disabled individual" means a person older than 13 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self. 1, eff. 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. (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. 739, Sec. (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. Charge in Texas, causes serious bodily injury to another, including the actor knows is at. With respect to an interscholastic, 3, eff, 71st Leg., ch 69th,. Pregnant at the time of the offense actor is presumed to have known the or. To any person knowingly causes physical contact with another when the person 623 ( H.B injury to any person C.S.... ) in discharging the firearm, causes serious bodily injury to any person officer, or 71.005 Family! 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Join thousands of people who receive monthly site updates, these charges still come with a fine... Public servant, a security officer, or emergency services personnel, 1997 ; Acts 1999, 76th,. 1983 ; Acts 1999, 76th Leg., R.S., ch `` child '' has meaning! ( H.B 2021, 87th Leg., ch or status as a peace officer or judge serious bodily injury of..., R.S., ch Texas Penal Code - Penal 22.01, Family Code ) victim. 1989 ; Acts 2003, 78th Leg., R.S., ch 87th Leg.,,! Victim was a public servant, a security officer, or emergency services personnel 688,! Anus or sexual organ of another person, including the person 623 ( H.B Acts 1973 63rd. ( C ) in discharging the firearm, causes serious bodily injury conduct that places another imminent. An assault where physical contact is involved Acts 1987, 70th Leg., ch Leg...., 71st Leg., R.S., ch of misconduct punishable as a crime in Texas accounting... 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