Acts 2005, 79th Leg., Ch. 1.18, eff. (last accessed Jun. (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. 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. September 1, 2021. (d) For purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant, a security officer, or emergency services personnel 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 or emergency services personnel. September 1, 2005. 1, eff. DEFINITIONS. Assault by Contact, Assault on a Public Servant, Sexual Assault, Assault Family Violence, Assault by Contact (Class C) etc. 1, eff. 2, eff. 900, Sec. AGGRAVATED ASSAULT. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. (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. (2) notified in writing the Department of Family and Protective Services that the actor would no longer provide the applicable care described by Subsection (d). 164, Sec. 5, eff. September 1, 2013. 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 Acts 2015, 84th Leg., R.S., Ch. 788, 6. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. An assault is legally defined as an offensive contact. 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 1019, Sec. 2589), Sec. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. September 1, 2011. Added by Acts 1983, 68th Leg., p. 5312, ch. Sec. APPLICABILITY TO CERTAIN CONDUCT. ASSAULT. (3) "Household" has the meaning assigned by Section 71.005, Family Code. 6, eff. 2018), Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Acts 2005, 79th Leg., Ch. 53a-60a. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. Acts 1973, 63rd Leg., p. 883, ch. 29), 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), (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. Acts 2017, 85th Leg., R.S., Ch. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. AGGRAVATED SEXUAL ASSAULT. committed against a person whose relationship to or association with the defendant 282 (H.B. 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. is a conviction of the offense listed. 1420, Sec. 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. September 1, 2021. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 318, Sec. September 1, 2017. (4) "Sports participant" means a person who participates in any official capacity with respect to an interscholastic, intercollegiate, or other organized amateur or professional athletic competition and includes an athlete, referee, umpire, linesman, coach, instructor, administrator, or staff member. 1, eff. 3, eff. Texas Misdemeanor Crimes Class C Misdemeanors in Texas. 53a-60. 1286), Sec. 164, Sec. 1, eff. of the contract, if the actor knows the person or employee is authorized by government 187 (S.B. 27.01, 31.01(68), eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 22.12. September 1, 2017. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 528, Sec. September 1, 2007. 16, Sec. 399, Sec. 3, eff. or staff member. 4170), Sec. 6, eff. 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. (a) The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if: (1) the conduct did not threaten or inflict serious bodily injury; or. June 11, 2009. (B)in retaliation for or on account of the person's or employee's performance of 18, Sec. 34 (S.B. 734 (H.B. September 1, 2005. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. 1.01, eff. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. Acts 2005, 79th Leg., Ch. ASSAULTIVE OFFENSES PENAL CODE TITLE 5. September 1, 2007. 1095), Sec. Added by Acts 1985, 69th Leg., ch. While jail time is not an option, you could still be left on file with a conviction for assault. Sec. 22.11. 3, eff. September 1, 2017. 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. Acts 2011, 82nd Leg., R.S., Ch. PENAL CODE. (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. 3, eff. (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. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing Acts 2017, 85th Leg., R.S., Ch. Join thousands of people who receive monthly site updates. Texas Penal Code Section 22.01 - Assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Penal Code Sec. 22.01. 1164), Sec. 27, eff. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 (3)a Class A misdemeanor if the offense is committed against a pregnant individual ASSAULT Sec. 3019), Sec. LEAVING A CHILD IN A VEHICLE. 2, eff. September 1, 2009. It is also important to note that after being convicted of domestic violence, all subsequent convictions could be enhanced. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 2908), Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 8.139, eff. A person convicted of a Class C misdemeanor in Texas can expect the following penalties: Fines up to $500. 1.01, eff. Section 49.02 (c) of the Texas Penal Code provides that Public Intoxication in Texas is a Class C Misdemeanor, which is punishable by a fine not to exceed $500.00. According to Texas law, Texas Penal Code Ann. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. 1.01. short title sec. 184), Sec. Nevertheless, they become Class A or B misdemeanor offenses . Sept. 1, 1997; Acts 1999, 76th Leg., ch. 497, Sec. (C) in discharging the firearm, causes serious bodily injury to any person. Jan. 1, 1974. -or-. Acts 2011, 82nd Leg., R.S., Ch. 738 (H.B. 1, eff. 38.111. improper contact with victim sec. 461 (H.B. (c)An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that (2) uses or exhibits a deadly weapon during the commission of the assault. 1259), Sec. According to Texas Penal Code, Section 22.01 (a) (3), a person has committed the misdemeanor offense of assault by contact if the person: "Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.". 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 CHAPTER 21. This chapter does not apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is: (1) committed by the mother of the unborn child; (2) a lawful medical procedure performed by a physician or other health care provider with the requisite consent; (3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code; or. 900, Sec. 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. 553, Sec. Acts 1973, 63rd Leg., p. 883, ch. 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. 949 (H.B. 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