(ii)in retaliation for or on account of the person's or employee's performance of (j) Written notification under Subsection (i)(2) or (i)(3) is not effective unless it contains the name and address of the actor, the name and address of the child, elderly individual, or disabled individual, the type of care provided by the actor, and the date the care was discontinued. 900, Sec. 22.021. (B) who otherwise 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. 6), Sec. 1808), Sec. TAMPERING WITH CONSUMER PRODUCT. Sec. ASSAULT. 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: 904, Sec. Sec. (a) A person commits an offense if the person commits assault as defined in Sec. 819, Sec. 10, eff. (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. 2, eff. September 1, 2005. 593 (H.B. (e) An offense under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the first degree when the conduct is committed intentionally or knowingly. a service within the scope of the contract. Amended by Acts 2003, 78th Leg., ch. September 1, 2021. 3, eff. Acts 1973, 63rd Leg., p. 883, ch. Sec. performance of an official duty as a peace officer or judge. 22.10. 1, eff. 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 3, eff. 38, eff. 1028, Sec. https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/, Read this complete Texas Penal Code - PENAL 22.01. 1158, Sec. 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. 1, eff. Texas Penal Code 22.02 (a) states that a person commits an offense if the person commits assault as defined in 22.01 and the person: Causes serious bodily injury to another, including the person's spouse; or Uses or exhibits a deadly weapon during the commission of the assault. . 1, eff. Sept. 1, 1983. 1, eff. Sec. 25.11 (Continuous Violence Against the Family), 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). (2) uses or exhibits a deadly weapon during the commission of the assault. 7, eff. 1, eff. September 1, 2019. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. 665 (H.B. Sept. 1, 1999. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. You'll have to pay up to $500 if you're charged with Class C assault in Texas. 1, 2, eff. 1.01, eff. (e) An offense under Subsection (a) is a Class A misdemeanor. (a) In this section: (1) "Consumer Product" means any product offered for sale to or for consumption by the public and includes "food" and "drugs" as those terms are defined in Section 431.002, Health and Safety Code. Sept. 1, 1995; Acts 1997, 75th Leg., ch. or both sections. 604, Sec. 22.08. Texas Penal Code Section 22.01 defines assault as follows: A person commits an offense if the person: intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or August 1, 2005. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. 268 (S.B. 2, eff. . Acts 1973, 63rd Leg., p. 883, ch. 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 (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. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. a service within the scope of the contract; (4)a person the actor knows is a security officer while the officer is performing 1.125(a), eff. Texas Penal Code - Penal 22.012 - Findlaw (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. Sec. 791, Sec. Join thousands of people who receive monthly site updates. 24, eff. 1, eff. (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). Acts 2019, 86th Leg., R.S., Ch. A person convicted of a Class C misdemeanor in Texas can expect the following penalties: Fines up to $500. 1306), Sec. ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. (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). 3, eff. 461 (H.B. September 1, 2015. 1286, Sec. 1, eff. September 1, 2019. Acts 1973, 63rd Leg., p. 883, ch. (2)Repealed by Acts 2005, 79th Leg., ch. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. September 1, 2011. 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 685 (H.B. 361 (H.B. 1.01, eff. September 1, 2011. 164), Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Sept. 1, 2003. (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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Stay up-to-date with how the law affects your life. 1, eff. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope An offense under this section is a Class C misdemeanor. These offenses are the lowest level of misconduct punishable as a crime in texas. 1, eff. 284(32), eff. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 6, eff. 739, Sec. 1.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. September 1, 2015. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. According to Texas law, Texas Penal Code Ann. Once the offensive contact causes pain it becomes a class A misdemeanor with up to a year in county jail and a $4,000 fine. 15.02(b), eff. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. 2, eff. An offense under Subsection (c) is a felony of the third degree. 1576), Sec. normal breathing or circulation of the blood of the person by applying pressure to Sept. 1, 1995; Acts 1999, 76th Leg., ch. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. (B) 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) a person who contracts with government to perform a service in a facility as defined by Section 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an employee of that person: (A) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by government to provide the service; or. (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. 2, eff. 16.002, eff. Jan. 1, 1974. to provide the service; or. Acts 2019, 86th Leg., R.S., Ch. 1, eff. 1.01, eff. . Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Acts 2005, 79th Leg., Ch. of an official duty by the officer or employee; or. September 1, 2009. 2.08, eff. 27.01, eff. Texas Disciplinary Rules of Professional Conduct, the attorney . September 1, 2013. the person's spouse; or. In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. (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. Offensive or Provocative Contact. Jan. 1, 1974. (2) is committed against a public servant. (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. Acts 2007, 80th Leg., R.S., Ch. (1) "Child" means a person younger than 17 years of age. 91), Sec. 1, eff. 719 (H.B. (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. 1, eff. Sept. 1, 2003. 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. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 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