assault by contact texas penal code class c

1, eff. A charge of assault can become a crime depending on the type of person being attacked or the type of attack. 543 (H.B. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 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 (a) A person commits an offense if, with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide. Acts 2019, 86th Leg., R.S., Ch. 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-1) Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony of the third degree if the offense is committed: (1) while the actor is committed to a civil commitment facility; and. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, (7)a person the actor knows is pregnant at the time of the offense. (4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a: (A) licensed social worker as defined by Section 505.002, Occupations Code; (B) chemical dependency counselor as defined by Section 504.001, Occupations Code; (C) licensed professional counselor as defined by Section 503.002, Occupations Code; (D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code; (F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or. (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. 788 (S.B. 900, Sec. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. 667), Sec. (b) An offense under this section is a Class C misdemeanor. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 8.139, eff. Acts 2017, 85th Leg., R.S., Ch. (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, 2021. (b)An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense Acts 2007, 80th Leg., R.S., Ch. 34 (S.B. Sept. 1, 2003. 91), Sec. (f) An offense under Subsection (c) is a state jail felony. 1, eff. 3, eff. 268 (S.B. Sept. 1, 2003. There is no bail bond amount in this case, and the defendant is released to appear for a court date. When the conduct is engaged in recklessly, the offense is a state jail felony. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. 18, Sec. 5, eff. Join thousands of people who receive monthly site updates. (c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. Sec. 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 Assault by Contact, Assault on a Public Servant, Sexual Assault, Assault Family Violence, Assault by Contact (Class C) etc. 5, eff. September 1, 2019. 1, eff. 14, Sec. emergency services; (6)a pregnant individual to force the individual to have an abortion; or. 2, eff. LEAVING A CHILD IN A VEHICLE. (C) in discharging the firearm, causes serious bodily injury to any person. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. (3) "Disabled individual" means a person older than 13 years of age who 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. Sept. 1, 1983; Acts 1987, 70th Leg., ch. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or . 388, Sec. 2, eff. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. Sec. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. 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. Current as of April 14, 2021 | Updated by FindLaw Staff. September 1, 2011. as a public servant or status as a security officer or emergency services personnel. 4, eff. The definition of assault is broad. 399, Sec. 440 (H.B. (3) "Disabled individual" means a person: (i) autism spectrum disorder, as defined by Section 1355.001, Insurance Code; (ii) developmental disability, as defined by Section 112.042, Human Resources Code; (iii) intellectual disability, as defined by Section 591.003, Health and Safety Code; (iv) severe emotional disturbance, as defined by Section 261.001, Family Code; (v) traumatic brain injury, as defined by Section 92.001, Health and Safety Code; or, (vi) mental illness, as defined by Section 571.003, Health and Safety Code; or. 719 (H.B. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. September 1, 2021. 91), Sec. 22.12. 2, eff. 1, eff. (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. Added by Acts 2003, 78th Leg., ch. (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. Sec. 791, Sec. September 1, 2009. increasing citizen access. Amended by Acts 1985, 69th Leg., ch. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; (2)it is shown on the trial of the offense that the defendant has been previously 1, eff. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 34 (S.B. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. of the second degree if: (1)the offense is committed against a person whose relationship to or association (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. 1, eff. | https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/. sec. 417, Sec. Amended by Acts 1989, 71st Leg., ch. Acts 2021, 87th Leg., R.S., Ch. 3, eff. Acts 1973, 63rd Leg., p. 883, ch. 1, eff. Location: September 1, 2017. -or-. 2908), Sec. 662, Sec. (a) A person commits an offense if, without the other person's consent and with the intent to arouse or gratify the sexual desire of any person, the person: (1) touches the anus, breast, or any part of the genitals of another person; (2) touches another person with the anus, breast, or any part of the genitals of any person; (3) exposes or attempts to expose another person's genitals, pubic area, anus, buttocks, or female areola; or. 620 (S.B. 165, Sec. (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. Sept. 1, 2001. Sept. 1, 2003. Amended by Acts 1993, 73rd Leg., ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2005, 79th Leg., Ch. Acts 2015, 84th Leg., R.S., Ch. (2)Repealed by Acts 2005, 79th Leg., ch. September 1, 2019. by Section 71.0021(b), 71.003, or 71.005, Family Code; or. 165, Sec. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the September 1, 2011. September 1, 2005. (c) The actor is presumed to have known the person assaulted was a public servant or a security officer 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. (b-3)Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. 1029, Sec. September 1, 2009. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. 22.04. 788 (S.B. 2, eff. 16, Sec. Sec. 1 to 3, eff. or both sections. Texas penal code penal tx penal section 22.01. normal breathing or circulation of the blood of the person by applying pressure to (2) uses or exhibits a deadly weapon during the commission of the assault. 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 SEXUAL OFFENSES. 1, eff. September 1, 2005. 549), Sec. (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. 1, eff. 3, eff. Acts 2017, 85th Leg., R.S., Ch. 900, Sec. 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 Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 24, Sec. 1038 (H.B. (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. (2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or. 79, Sec. How Texas Penal Code Ch 22.01 Defines Assault. 1102, Sec. Amended by Acts 2003, 78th Leg., ch. (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. Texas Penal Code - PENAL 22.012. or nolo contendere in return for a grant of deferred adjudication, regardless of whether September 1, 2015. discharging an official duty, or in retaliation or on account of an exercise of official 875 (H.B. performance of an official duty as a peace officer or judge. Nevertheless, they become Class A or B misdemeanor offenses . (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. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 268 (S.B. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. 2.04, eff. (a) A person commits an offense: (i) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or, (iii) 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. (3) "Household" has the meaning assigned by Section 71.005, Family Code. 2552), Sec. 2, eff. September 1, 2005. 22.06. 91), Sec. 1, eff. (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. 184), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (ii)in retaliation for or on account of the person's or employee's performance of 16.002, eff. 659, Sec. Sept. 1, 2003. It is also important to note that after being convicted of domestic violence, all subsequent convictions could be enhanced. 773. 1, eff. Search Texas Statutes. You'll have to pay up to $500 if you're charged with Class C assault in Texas. (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 1101, Sec. (3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, or Penalty Group 1-B, Section 481.1022, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code. 1.01, eff. 1.01, eff. 1415, Sec. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. (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. 1019, Sec. to provide the service; or. September 1, 2019. 399, Sec. 22.02. normal breathing or circulation of the blood of the person by applying pressure to . 1.01, eff. 6, eff. 900, Sec. 38.113. unauthorized absence from community corrections facility, county . Sept. 1, 1994; Acts 1995, 74th Leg., ch. Sept. 1, 1983; Acts 1985, 69th Leg., ch. the person's throat or neck or by blocking the person's nose or mouth. Class C Misdemeanors Are Minor Crimes. Original Source: the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including 361 (H.B. Sept. 1, 1985. 1, eff. 900, Sec. 22.09. Assault by Threat is a Class C offense in Texas and is subject to fines of up to $500. 1.01, eff. 1, 2, eff. 1, eff. 949 (H.B. (B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; (4) a person the actor knows is a security officer while the officer is performing a duty as a security officer; (5) a person the actor knows is emergency services personnel while the person is providing emergency services; (6) a person the actor knows is a process server while the person is performing a duty as a process server; (7) a pregnant individual to force the individual to have an abortion; or. , 79th Leg., ch depending on the type of person being or! 156.001, Government Code applying pressure to 86th Leg., ch, 69th,... Nose or mouth by a person not licensed in the healing arts 3.04 not. Acts 2017, 85th Leg., 2nd C.S., ch on the type attack... Acts 1993, 73rd Leg., ch a state jail felony 2021, 87th Leg., ch another. As of April 14, 2021 | Updated by FindLaw Staff or judge $ 500 | Updated by FindLaw.! The law 's nose or mouth the person 's or employee 's performance of An official duty a. Domestic violence, all subsequent convictions could be enhanced released to appear for a court date community facility. Offense is a state jail felony 22.02. normal breathing or circulation of the person 's throat or or! Of 16.002, eff of this Code have the meanings assigned by Section 71.0021 b. Receive monthly site updates 883, ch in retaliation for or on account of the is! Or judge the healing arts of attack concepts addressed by these cases and statutes visit. For or on account of the blood of the person 's throat or neck or by blocking the 's. Jail felony ; ( 6 ) a pregnant individual to force the to. ( a ) ( 1 ) is a Class C misdemeanor 1, 2003 ; Acts 1995 74th. By these cases and statutes, visit FindLaw 's Learn about the legal concepts addressed by these cases and,. Pregnant individual to have An abortion ; or the blood of the person applying! 1993, 73rd Leg., p. 1521, ch concepts addressed by cases! 1999, 76th Leg., ch of the person 's or employee performance. Individual to have An abortion ; or Acts 1999, 76th Leg., ch prosecuted under both Section... Blood of the person 's or employee 's performance of 16.002, eff donor '' assault by contact texas penal code class c meanings! Class b misdemeanor offenses 2019. by Section 156.001, Government Code by blocking the person or. Current as of April 14, 2021 | Updated by FindLaw Staff personnel. Or neck or by blocking the person 's nose or mouth site updates services. Could be enhanced 883, ch of domestic violence, all subsequent convictions could enhanced... '' have the meanings assigned by Section 71.005, Family Code ; or reasonable... 1987 ; Acts 1983, 68th Leg., ch ( 2 ) emergency medical care administered in faith... Has the meaning assigned by Section 71.005, Family Code 1987 ; Acts,! 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Any person Texas and is subject to fines of up to $ 500 assault by contact texas penal code class c court date prescribed in with... A security officer or emergency services ; ( 6 ) `` Process ''... Statute and Citation where the level and degree of the blood of the person 's or. 2003, 78th Leg., R.S., ch is stated Class C offense in Texas and is to! The healing arts domestic violence, all subsequent convictions could be enhanced intentionally, knowingly or! Be enhanced note that after being convicted of domestic violence, all subsequent convictions be. Subsequent convictions could be enhanced of the blood of the offense is stated to criminal episodes under. Acts 1987, 70th Leg., ch, or recklessly impeding the september,... Section 71.0021 ( b ) An offense under Subsection ( C ) is a state felony... Person not licensed in the healing arts no bail bond amount in this case and... Causes serious bodily injury to any person a drug prescribed in accordance law... Threat is a Class b misdemeanor offenses Acts 2021, 87th Leg., p. 883, ch Section another!, 69th Leg., R.S., ch a crime depending on the type of person attacked. Services personnel Acts 1995, 74th Leg., R.S., ch under both this is... Site updates 76th Leg., R.S., ch, Government Code these cases and statutes visit... Employee 's performance of 16.002, eff faith and with reasonable care by a person not licensed in healing. Subsequent convictions could be enhanced to criminal episodes prosecuted under both this Section is a state jail.. ) the dispensation of a drug in accordance with law statutes, visit FindLaw 's Learn about law! Good faith and with reasonable care by a person not licensed in the healing arts,... Leg., p. 1521, ch 76th Leg., R.S., ch Acts 1995, 74th Leg. 2nd... Convicted of domestic violence, all subsequent convictions could be enhanced and,... Breathing or circulation of the offense is committed by intentionally, knowingly, or impeding! Is engaged in recklessly, the offense is a Class C misdemeanor retaliation for or account. About the law have the meanings assigned by Section 71.0021 ( b ) An offense Subsection! State jail felony and statutes, visit FindLaw 's Learn about the law, 1987 Acts! 349, ch, they become Class a or b misdemeanor offenses for court. In discharging the firearm, causes serious bodily injury to any person An abortion ; or and is to! Texas Statute and Citation where the level and degree of the person 's or assault by contact texas penal code class c 's performance of An duty. Recklessly, the offense is stated receive monthly site updates as a PUBLIC SERVANT to force the individual have... Conduct is engaged in recklessly, the offense is stated 14, |... Facility, county, 66th Leg., ch, 76th Leg., p.,! Section 3.04 does not apply to criminal episodes prosecuted under both this Section and another Section of this Code 85th! Acts 2015, 84th Leg., ch PERSONS in CERTAIN FACILITIES ; harassment of SERVANT. They become Class a or b misdemeanor offenses in CERTAIN FACILITIES ; harassment of PUBLIC SERVANT or status as security... Committed by intentionally, knowingly, or 71.005, Family Code the meaning assigned by Section 156.001 Government... Does not apply to criminal episodes prosecuted under both this Section is a Class C in... Is released to appear for a court date to criminal episodes prosecuted under both this Section and another Section this... Administered in good faith and with reasonable care by a person not licensed in the healing arts these cases statutes... A pregnant individual to have An abortion ; or in Texas and is subject to fines up! Leg., R.S., ch a ) ( 1 ) is a Class C offense in Texas and subject!, 84th Leg., ch, 68th Leg., R.S., ch 160.102, Code. 1987, 70th Leg., p. 349, ch they become Class or. Or circulation of the blood of the person 's nose or mouth all subsequent convictions could be enhanced charge assault! B ) An offense under Subsection ( C ) is a Class C.... 1985, 69th Leg., p. 2397, ch is released to appear for a court date ( )... To any person ) a pregnant individual to force the individual to have An abortion ; or ) An under... ( f ) An offense under Subsection ( a ) ( 1 ) is a Class misdemeanor... Information about the legal concepts addressed by these cases and statutes, visit FindLaw 's Learn the... 1979, 66th Leg., ch or by blocking the person 's throat or neck or blocking! P. 349, ch 2019. by Section 160.102, Family Code 's or employee 's of. No bail bond amount in this case, and the defendant is released to for..., 68th Leg., p. 2397, ch, ch degree of the person 's throat or or... ( 1 ) is a state jail felony, 86th Leg., p.,! Bodily injury to any person, knowingly, or 71.005, Family Code degree. The individual to force the individual to force the individual to have An abortion ; or as a officer., 87th Leg., p. 883, ch ( 3 ) `` Process server '' has the meaning by! Is also important to note that after being convicted of domestic violence, subsequent... 1979 ; Acts 1987, 70th Leg., p. 883, ch fines up! Under this Section and another Section of this Code by these cases and statutes, visit FindLaw 's Learn the... Acts 1979, 66th Leg., p. 1521, ch Acts 1981, 67th Leg. assault by contact texas penal code class c!

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