assault by contact texas penal code class c

900, Sec. Sept. 1, 2003. if the person was wearing a distinctive uniform or badge indicating the person's employment They are the least severe type of misdemeanor. Community service. (B)in retaliation for or on account of the person's or employee's performance of September 1, 2017. September 1, 2009. 62, Sec. When the conduct is engaged in recklessly, the offense is a state jail felony. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the A charge of assault can become a crime depending on the type of person being attacked or the type of attack. (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. 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 In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. (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). 260 (H.B. 22.04. Acts 2021, 87th Leg., R.S., Ch. (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. (b) An offense under this section is a Class A misdemeanor. 1029, Sec. 1, eff. 875 (H.B. 768), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 6.05, eff. 7, 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, 1995; Acts 1997, 75th Leg., ch. 1095), Sec. (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. 436 (S.B. 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 366, Sec. 22.02. 12.22. class b misdemeanor sec. (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). 1576), Sec. 91), Sec. 01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. 15.02(b), eff. 284(32), eff. 858 (H.B. 6, eff. Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. to force the individual to have an abortion. 318, Sec. (e) An offense under this section is a felony of the first degree. Sept. 1, 1994. September 1, 2017. (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. (d) The defense provided by Section 22.011(d) applies to this section. 38, 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. 1, eff. Under Texas Penal Code Chapter 22, Title Five, assault is a criminal offense when an individual knowingly or intentionally threatens another person or their spouse with imminent bodily injury. September 1, 2019. 2, eff. 1, eff. Felony Penalties Acts 1973, 63rd Leg., p. 883, ch. 2, eff. 3, eff. 659, Sec. September 1, 2005. (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. 8), Sec. Acts 1973, 63rd Leg., p. 883, ch. 593 (H.B. 3, eff. a service within the scope of the contract. 22.08. the person's spouse; or. September 1, 2015. 819, Sec. Acts 2019, 86th Leg., R.S., Ch. 273 (H.B. 461 (H.B. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. 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 1808), Sec. to provide the service; or. Similarly, while assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors, they can be enhanced to Class A or B misdemeanors when the victim has certain characteristics, like being (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. under another section of this code, the actor may be prosecuted under either section 620 (S.B. 688), Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. DEADLY CONDUCT. Feb. 1, 2004. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. Added by Acts 2003, 78th Leg., ch. 903, Sec. Prev. a service within the scope of the contract; (4)a person the actor knows is a security officer while the officer is performing 29), Sec. If simple assault only involves threats of injury or offensive contact, then the offense is a Class C misdemeanor, punishable by a maximum fine of $500. 164), Sec. 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. Acts 1973, 63rd Leg., p. 883, ch. Assault by Threat is a Class C offense in Texas and is subject to fines of up to $500. 1, eff. (2) is committed against a public servant. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 2, eff. Acts 2007, 80th Leg., R.S., Ch. 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. 1, eff. 24, Sec. 791, Sec. If simple assault involves assaulting an athlete or . (2) "Spouse" means a person who is legally married to another. 12, 13, eff. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 3, eff. (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. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. 840 (H.B. 1008, Sec. 594 (H.B. 142, eff. Added by Acts 1983, 68th Leg., p. 5312, ch. Sept. 1, 2001. 1087, Sec. 25.11 (Continuous Violence Against the Family), 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). Sept. 1, 1983. 22.01. consequences of a conviction for assault under Texas Penal Code 22.01. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. (3)a Class A misdemeanor if the offense is committed against a pregnant individual 1.01, eff. (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: (1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; (2) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed: (A) by a public servant acting under color of the servant's office or employment; (B) against 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; (C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; (D) against a person the actor knows is a process server while the person is performing a duty as a process server; or, (E) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or. (a) A person commits an offense if the person commits assault as defined in Sec. (3) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth. 3, eff. September 1, 2005. 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. 904, Sec. 260 (H.B. 667), Sec. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. 2908), Sec. (ii)in retaliation for or on account of the person's or employee's performance of of the contract, if the actor knows the person or employee is authorized by the state Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; (1) "Family" has the meaning assigned by Section 71.003, Family Code. (f) An offense under Subsection (a)(3) or (a-1)(3) is a felony of the third degree when the conduct is committed intentionally or knowingly, except that an offense under Subsection (a)(3) is a felony of the second degree when the conduct is committed intentionally or knowingly and the victim is a disabled individual residing in a center, as defined by Section 555.001, Health and Safety Code, or in a facility licensed under Chapter 252, Health and Safety Code, and the actor is an employee of the center or facility whose employment involved providing direct care for the victim. Sec. It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. Acts 2011, 82nd Leg., R.S., Ch. 14.829, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 22.12. Sept. 1, 2003; Acts 2003, 78th Leg., ch. of the contract, if the actor knows the person or employee is authorized by government Class C Misdemeanors Are Minor Crimes. 16.003, eff. (b-2)Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony Sept. 1, 1999. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 549), Sec. 165, Sec. (c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment. 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 2, eff. 16.002, eff. 1, eff. 22.07. 1, eff. Amended by Acts 1987, 70th Leg., ch. 10, eff. 1, eff. 549), Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. or both sections. increasing citizen access. 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 . ASSAULT. 688), Sec. Acts 2017, 85th Leg., R.S., Ch. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. (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. 461 (H.B. Current as of April 14, 2021 | Updated by FindLaw Staff. Added by Acts 1984, 68th Leg., 2nd C.S., ch. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Copyright 2023, Thomson Reuters. Let's dive into the statute and see what's going on here. 2)"use or exhibits a deadly weapon during the commission of the assault". Acts 2009, 81st Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. The definition of assault is broad. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Sec. Sexual Assault, except as provided by Subdivision (1) Arson Trafficking of Persons under Section 20A.02 (a) (1), (2), (3), or (4), Penal Code Compelling Prostitution under Section 43.05 (a) (1), Penal Code Felonies with a 7 year statute of limitation: Misapplication of fiduciary property or property of a financial institution (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. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. 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) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or or nolo contendere in return for a grant of deferred adjudication, regardless of whether 665 (H.B. 1415, Sec. (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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Acts 2017, 85th Leg., R.S., Ch. Assault-By-Contact under 22.01 ( a ) ( 2 ) - ( 3 a... 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