1164), Sec. Texas Penal Code . 655, Sec. 1, eff. 53a-60a. 900, Sec. (g)If conduct constituting an offense under this section also constitutes an offense of an official duty by the officer or employee; or. (i) It is an affirmative defense to prosecution under Subsection (b)(2) that before the offense the actor: (1) notified in person the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d), and notified in writing the parents or a person, other than the actor, acting in loco parentis to the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d); or. 1, eff. 2, eff. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 22.10. 15.02(b), eff. Acts 2011, 82nd Leg., R.S., Ch. (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. 1158, Sec. 4.02, eff. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. (1) "Child" has the meaning assigned by Section 22.011(c). Acts 2005, 79th Leg., Ch. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. According to Texas law, Texas Penal Code Ann. 688), Sec. 1, eff. 165, Sec. September 1, 2017. 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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sept. 1, 2003. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. September 1, 2019. September 1, 2011. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. 3019), Sec. Acts 2017, 85th Leg., R.S., Ch. 1, eff. When the conduct is engaged in recklessly, the offense is a felony of the second degree. (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. June 11, 2009. 497, Sec. Acts 2019, 86th Leg., R.S., Ch. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 21.01. September 1, 2011. 3, eff. 858 (H.B. 162, Sec. 557, Sec. 1, eff. 1, eff. September 1, 2019. September 1, 2013. An offense under Subsection (c) is a felony of the third degree. 620 (S.B. The law defines "family violence" under the Family Code as assault towards a member of the family (by blood) or household. Sept. 1, 1981; Acts 1989, 71st Leg., ch. Class a assault texas penal code. 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 . 2005 Texas Penal Code CHAPTER 22. texas penal code. Penal Code Title 5 Texas Penal Code Sec. to provide the service; or. 467 (H.B. 79, Sec. 6.05, eff. 788 (S.B. 2, Sec. (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. (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. 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 September 1, 2007. 620, Sec. 665 (H.B. Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . Jan. 1, 1974. 1, eff. (2)a conviction under the laws of another state for an offense containing elements 1, eff. 22.11. the person's throat or neck or by blocking the person's nose or mouth. 22.01, assault covers three different types of actions. Acts 1973, 63rd Leg., p. 883, ch. What is the current Texas law about Assault? 2, eff. 91), Sec. Jan. 1, 1974. sec. to provide the service; or. Sept. 1, 2003. Copyright 2023, Thomson Reuters. 12.23. class c misdemeanor . 1.01, eff. under another section of this code, the actor may be prosecuted under either section They are the least severe type of misdemeanor. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 4170), Sec. title 1. introductory provisions chapter 1. general provisions. Amended by Acts 1979, 66th Leg., p. 367, ch. 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. 1, eff. Acts 2005, 79th Leg., Ch. (a) A person commits an offense if : (1) the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without . Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 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 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 power or performance of an official duty as a public servant; (2)a person whose relationship to or association with the defendant is described (1) "Family" has the meaning assigned by Section 71.003, Family Code. Texas penal code penal tx penal section 22.01. 12, eff. L/D - Level and . 900, 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 . 194), Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 6, eff. 1031, Sec. 2, eff. Acts 2019, 86th Leg., R.S., Ch. 361 (H.B. 1087, Sec. 2018), Sec. 1038 (H.B. If simple assault involves assaulting an athlete or . 819, Sec. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. September 1, 2017. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Sec. 1575), Sec. 878, Sec. 01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. 1, eff. 1, eff. Here is what a prosecutor has to prove in an Assault Family Member case: The identity of the accused citizen intentionally, knowingly, or recklessly caused offensive contact to the alleged complainant 2, eff. Acts 2009, 81st Leg., R.S., Ch. 22.06. 2, eff. 784 (H.B. 549), Sec. (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. Sept. 1, 2003. (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, 1991; Acts 1993, 73rd Leg., ch. 915 (H.B. 685 (H.B. 34 (S.B. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. However, they are still more serious than infractions. Let's dive into the statute and see what's going on here. 1)"Causes serious Bodily INJURY to another, including the person's spouse". 00 all the way to decades in prison. 34 (S.B. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. 399, Sec. Cookie Settings. 1102, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. September 1, 2017. September 1, 2005. 1028, Sec. 3, eff. (b) An offense under this section is a Class A misdemeanor. 334, Sec. (14) the actor is a caregiver hired to assist the other person with activities of daily life and causes the other person to submit or participate by exploiting the other person's dependency on the actor. 399, Sec. 273 (H.B. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 1, 2, eff. Sec. Acts 2009, 81st Leg., R.S., Ch. (e) An offense under this section is a felony of the first degree. Texas Penal Code Section 22.01 - Assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Penal Code Sec. September 1, 2005. Stay up-to-date with how the law affects your life. 22.09. ABANDONING OR ENDANGERING CHILD. September 1, 2017. 3, eff. Acts 2007, 80th Leg., R.S., Ch. 436 (S.B. Amended by Acts 1989, 71st 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. Sec. 768), Sec. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. Acts 2007, 80th Leg., R.S., Ch. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. 977, Sec. (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. 15.02(a), eff. 27.01, 31.01(68), eff. (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. Sept. 1, 1994. 738 (H.B. 28, eff. is a peace officer or judge while the officer or judge is lawfully discharging an 977, Sec. Acts 2011, 82nd Leg., R.S., Ch. An assault is classified as a class a misdemeanor if bodily injury was caused. ASSAULT. (l) It is an affirmative defense to prosecution under this section: (1) that the act or omission was based on treatment in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy; (2) for a person charged with an act of omission causing to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that: (A) there is no evidence that, on the date prior to the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and. 91), Sec. 662, Sec. 6), Sec. 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