Acts 2005, 79th Leg., Ch. Location: by Section 71.0021(b), 71.003, or 71.005, Family Code; and. (e) An offense under this section is a felony of the first degree. (4)Sports participant means a person who participates in any official capacity with respect to an interscholastic, 164, Sec. September 1, 2019. 28, eff. 459, Sec. APPLICABILITY TO CERTAIN CONDUCT. 11, eff. Assault occurs when a 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) intentionally or knowingly causes physical contact with another when the person knows or September 1, 2011. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. Acts 2021, 87th Leg., R.S., Ch. 1, 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Aggravated Assault: Explained. 1, eff. 822, Sec. (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 that person's consent; or, (C) 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. September 1, 2009. (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. September 1, 2009. September 1, 2021. 1, eff. (2)a conviction under the laws of another state for an offense containing elements 1, eff. (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. September 1, 2011. 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. 6.05, eff. ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. 1 to 3, eff. 399, Sec. 2, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. Acts 2005, 79th Leg., Ch. An offense under Subsection (c) is a felony of the third degree. September 1, 2005. 3, eff. In fact, class C misdemeanors do not require any jail time. Sec. 18, Sec. (b) An offense under this section is a Class A misdemeanor. 2018), Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2005. 1102, Sec. 900, Sec. (1) "Child" means a person 14 years of age or younger. Acts 2017, 85th Leg., R.S., Ch. Stay up-to-date with how the law affects your life. 3607), Sec. 495), Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 904, Sec. (f) The minimum term of imprisonment for an offense under this section is increased to 25 years if: (1) the victim of the offense is younger than six years of age at the time the offense is committed; or. What is the current Texas law about Assault? 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 1038 (H.B. 11, eff. TERRORISTIC THREAT. 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. 3, eff. 1, eff. 1, 2, eff. 3, eff. (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. Acts 2017, 85th 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. 1, eff. 2, Sec. 3, eff. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. September 1, 2021. 4, eff. power or performance of an official duty as a public servant; (2)a person whose relationship to or association with the defendant is described Acts 2021, 87th Leg., R.S., Ch. 584 (S.B. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. Sept. 1, 1994; Acts 1995, 74th Leg., ch. September 1, 2011. 1, 2, eff. 22.021. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (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. The criminal charge of "assault" can mean so many different things in a Texas court, ranging from a credible threat of committing violence to another person to actually inflicting serious bodily injury. A person convicted of a Class C misdemeanor in Texas can expect the following penalties: Fines up to $500. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. 788, 6. 318, Sec. September 1, 2007. 284 (S.B. Domestic assault is a Class C misdemeanor if the victim suffered no physical pain or lasting harm. (2) is committed against a public servant. Acts 2005, 79th Leg., Ch. 440 (H.B. (last accessed Jun. (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. 7031 Koll Center Pkwy, Pleasanton, CA 94566. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly causes bodily injury to another, including Deliberately threatening another person with imminent physical harm "Intentionally, knowingly, or recklessly" causing physical harm or injury to another person Using physical contact on a person that is knowingly offensive or provocative What is an Assault? Added by Acts 1983, 68th Leg., p. 5312, ch. An assault is legally defined as an offensive contact. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Public intoxication (Penal Code 49.02), Assault by contact (Penal Code 22.01(a)(3)), Theft of less than $100 (Penal Code 31.03), 91), Sec. Felony Penalties 1, eff. title 1. introductory provisions chapter 1. general provisions. 4170), Sec. SEXUAL OFFENSES. Sept. 1, 2003. 1, eff. (B)the offense is committed by intentionally, knowingly, or recklessly impeding the 896, Sec. September 1, 2017. Acts 2015, 84th Leg., R.S., Ch. 549), Sec. (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. 22.02 Tex Penal Code A person Commits assault as defined in Pen 22.01, and Causes serious bodily injury to another, including the person's spouse; or Uses or exhibits a deadly weapon during the commission of the assault Punishment: 2nd Degree Felony, or 1st Degree Felony Lesser Included Offenses: (b-2) Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony of the second degree if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge 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 peace officer or judge. 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