16.003, eff. 29), Sec. (c) A person commits an offense if he knowingly or intentionally threatens to tamper with a consumer product with the intent to cause fear, to affect the sale of the consumer product, or to cause bodily injury to any person. September 1, 2013. 939, Sec. 91), Sec. September 1, 2021. of the second degree if: (1)the offense is committed against a person whose relationship to or association Class a assault texas penal code. 417, Sec. (d) In this section, "correctional or detention facility" means: (2) a "secure correctional facility" or a "secure detention facility" as defined by Section 51.02, Family Code, operated by or under contract with a juvenile board or the Texas Juvenile Justice Department or any other facility operated by or under contract with that department. (g) It is a defense to prosecution under Subsection (c) that the act or omission enables the child to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 6, eff. the person's spouse; or. (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (7)a person the actor knows is pregnant at the time of the offense. Assault is a common charge in . Sept. 1, 1994; Acts 2003, 78th Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. September 1, 2017. 1, eff. (1) "Child" means a person 14 years of age or younger. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. Unless. (b-1)Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony committed against a person whose relationship to or association with the defendant Sept. 1, 2003. Original Source: 620 (S.B. (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. 7, eff. 1008, Sec. Acts 1973, 63rd Leg., p. 883, ch. (b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), (2), or (3) is conduct constituting an offense under this section if: (1) the actor has a legal or statutory duty to act; or. Community service. Contact us. Acts 2009, 81st Leg., R.S., Ch. 12, eff. 29), Sec. 1306), Sec. 840 (H.B. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 4170), Sec. (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. texas penal code. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. 2, eff. CHAPTER 21. . (ii)in retaliation for or on account of the person's or employee's performance of 1019, Sec. Class C misdemeanor Punishment is up to $500 fine only; Prosecuted either in municipal court or the Justice of the Peace. September 1, 2011. Added by Acts 1983, 68th Leg., p. 2812, ch. 7, eff. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. Sec. 399, Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. August 1, 2005. 904, Sec. entrepreneurship, were lowering the cost of legal services and 685 (H.B. PENAL CODE. Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; Texas Misdemeanor Crimes Class C Misdemeanors in Texas. 788 (S.B. 459, Sec. as a public servant or status as a security officer or emergency services personnel. 22.012. (3) "Household" has the meaning assigned by Section 71.005, Family Code. (m) It is an affirmative defense to prosecution under Subsections (a)(1), (2), and (3) for injury to a disabled individual that the person did not know and could not reasonably have known that the individual was a disabled individual, as defined by Subsection (c), at the time of the offense. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. official duty or in retaliation or on account of an exercise of official power or 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. 2, eff. September 1, 2017. 719 (H.B. Acts 1973, 63rd Leg., p. 883, ch. 1.01, eff. 1, eff. 318, Sec. 165, Sec. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 2003. (c) An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense: (1) is committed against a member of the person's family or household or otherwise constitutes family violence; or. 1, eff. 8 Digit Number - combo of NCIC and Texas Specific Numbers Literal - as close to the Title of the citation or Chapter as possible - space limitation Statute - the Texas statute, Penal Code, Transportation Code, HSC, etc. Sec. intercollegiate, or other organized amateur or professional athletic competition and 902), Sec. 273 (H.B. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 788, 6. September 1, 2005. Oct. 2, 1984. is a peace officer or judge while the officer or judge is lawfully discharging an 2908), Sec. (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). 1808), Sec. 1, eff. 440 (H.B. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. (B)a person who contracts with the state to perform a service in a civil commitment 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 Under Texas Penal Code Ch 22.01 - Assault, an individual commits misdemeanor assault if they intentionally, knowingly, or recklessly: Cause bodily injury to another; Threaten bodily injury to another; Cause physical contact with another, while knowing the . Evaluating Your Legal Options in Pearland 1)"Causes serious Bodily INJURY to another, including the person's spouse". (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. 528, Sec. 294, Sec. Sec. 665 (H.B. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. 1, eff. There is no bail bond amount in this case, and the defendant is released to appear for a court date. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 22.01. 22.041. knows or should reasonably believe that the other will regard the contact as offensive APPLICABILITY TO CERTAIN CONDUCT. (d) For purposes of an omission that causes a condition described by Subsection (a)(1), (2), or (3), the actor has assumed care, custody, or control if the actor has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that the actor has accepted responsibility for protection, food, shelter, or medical care for a child, elderly individual, or disabled individual. 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 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 September 1, 2017. 3, eff. 184), 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. 687, Sec. Acts 2007, 80th Leg., R.S., Ch. An offensive contact is a class C assault which is up to a $500 fine. 946), Sec. or staff member. All rights reserved. Sec. 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 Assault in Texas is defined in Penal Code Chapter 22 and covers everything from a class C offensive touching to a first-degree aggravated assault punishable by up to life in prison. TITLE 5. Sec. 6, eff. L/D - Level and . (1) "Child" means a person younger than 17 years of age. September 1, 2011. (c) Section 25.07(a), Penal Code, is amended to read as follows: (a) A person commits an offense if, in violation of a . 1, eff. 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. capacity as a sports participant; or, (B)in retaliation for or on account of the participant's performance of a duty or Assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree: Class D felony: Two years not suspendable. 6, eff. 12.23 of the Texas Criminal Penal Code states, "An individual convicted of a Class C misdemeanor shall be punished by a fine not to exceed $500". Sept. 1, 2003. Acts 2021, 87th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 1, eff. June 11, 2009. to provide the service; or. 6), Sec. Assault on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. (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. (3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and: (A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle; (B) is reckless as to whether the habitation, building, or vehicle is occupied; and. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (2) "Elderly individual" means a person 65 years of age or older. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. September 1, 2009. 1, 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. An assault is legally defined as an offensive contact. (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. 1, eff. the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including 202, Sec. 2, eff. 187 (S.B. 164, Sec. 22.09. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 284(32), eff. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 53a-60a. 2, eff. September 1, 2019. 318, Sec. 135, Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Acts 2019, 86th Leg., R.S., Ch. For Class A assaultive offenses, the charges must be brought within this time period; if they are brought after the statute of limitations has expired, the defense may file a pretrial motion to dismiss the charges as directed under Title 1, Article 27.08 of the Texas Code of Criminal Procedure. 1006, Sec. to force the individual to have an abortion. Over time, the Texas Legislature passes more laws and recently, there has been the passage of a new domestic assault family violence statute (Texas Penal Code 2.01(b)(2),22.01(b)(2)(b)) involving choking or attempting to strangle another person as identified in Texas Penal Code Sections 71.0021(b), 71.003, or 71.005: 38.113. unauthorized absence from community corrections facility, county . April 14, 1987; Acts 1987, 70th Leg., ch. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Acts 2021, 87th Leg., R.S., Ch. Penal Code Title 5 Texas Penal Code Sec. 22.04. (4)Sports participant means a person who participates in any official capacity with respect to an interscholastic, The degree and severity of Texas assault charges depend on the offender's mental state, the extent of the injury, and certain characteristics of the alleged . Acts 2005, 79th Leg., Ch. Next . 1, eff. September 1, 2019. 29, eff. title 1. introductory provisions chapter 1. general provisions. September 1, 2005. 366, Sec. Prev. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. 76, Sec. Section 22.01 Assault, (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly causes bodily injury to another, including (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. Indecent Assault. Cookie Settings. 643), Sec. the sentence for the offense was ever imposed or whether the sentence was probated (2) not attended by an individual in the vehicle who is 14 years of age or older. Sept. 1, 1981; Acts 1989, 71st Leg., ch. For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), or (3), the actor acting during the actor's capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, or medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility. Acts 2009, 81st Leg., R.S., Ch. 620, Sec. Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. 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 . 1286), Sec. (b) An offense under this section is a Class A misdemeanor. These offenses are the lowest level of misconduct punishable as a crime in texas. (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 DEADLY CONDUCT. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. Jan. 1, 1974. 1, eff. Sec. Acts 2005, 79th Leg., Ch. 361 (H.B. 24), Sec. 1, eff. September 1, 2017. 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 Sept. 1, 1997; Acts 1995, 74th Leg., ch. September 1, 2007. (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. 497, Sec. 1, eff. 16.002, eff. 4, eff. performance of an official duty as a peace officer or judge. 900, Sec. 878, Sec. (14) the actor is a caregiver hired to assist the other person with activities of daily life and causes the other person to submit or participate by exploiting the other person's dependency on the actor. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 2003. or provocative. 21.001(39), eff. | https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. 2066), Sec. 1, eff. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently. September 1, 2015. 18, Sec. 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. 3, eff. Jan. 1, 1974. . 1420, Sec. 543 (H.B. 1028, Sec. (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 Subsection (a)(1) is a Class A misdemeanor, except that the offense TAMPERING WITH CONSUMER PRODUCT. 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. (b) An offense under this section is a felony of the second degree . 3, eff. when it is a prohibited person of marriage. September 1, 2017. 1, eff. 667), Sec. September 1, 2009. Offensive or Provocative Contact. responsibility within the participant's capacity as a sports participant; or. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 584 (S.B. Current as of April 14, 2021 | Updated by FindLaw Staff. and the defendant was subsequently discharged from community supervision; and. 620 (S.B. Current as of April 14, An offense under this section is a Class A misdemeanor. Texas Penal Code 22.01(b) states that an assault offense under Texas Penal Code 22.01(a)(1) is a Class A misdemeanor, except that the offense is a third-degree felony if the offense is committed against a person whose relationship to or association with the . 1.125(a), eff. (c) 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. 1, 2, eff. 1, eff. 335, Sec. September 1, 2021. Class C misdemeanors are the least serious crimes under Texas Penal code. 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. September 1, 2005. Sept. 1, 2001. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. (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 Sept. 1, 1994. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1, eff. Amended by Acts 1989, 71st Leg., ch. (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force, violence, or coercion; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to the other person, and the other person believes that the actor has the present ability to execute the threat; (3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; (4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; (5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; (6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge; (7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; (8) the actor is a public servant who coerces the other person to submit or participate; (9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor; (10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; (11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code; (12) the actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor; (13) the actor is a coach or tutor who causes the other person to submit or participate by using the actor's power or influence to exploit the other person's dependency on the actor; or. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. (B)in retaliation for or on account of the person's or employee's performance of (b) An offense under Subsection (a)(1) is a Class B misdemeanor. 594 (H.B. by Section 71.0021(b), 71.003, or 71.005, Family Code; 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 21.01. 7, 2021). (3)the offense is committed by intentionally, knowingly, or recklessly impeding the 2005 Texas Penal Code CHAPTER 22. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1038 (H.B. Texas Penal Code Section 22.01 - Assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Penal Code Sec. 1, eff. 4, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. ABANDONING OR ENDANGERING CHILD. 282 (H.B. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. Added by Acts 1983, 68th Leg., p. 5312, 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. What is an Assault? Acts 2005, 79th Leg., Ch. 1, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. LEAVING A CHILD IN A VEHICLE. 46, eff. 1.01, eff. Acts 2005, 79th Leg., Ch. September 1, 2011. 2.017, eff. the benefit of the general public during emergency situations. Acts 2019, 86th Leg., R.S., Ch. (1) "Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations. 165, Sec. September 1, 2015. ASSAULT. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. 14, Sec. Acts 2017, 85th Leg., R.S., Ch. 436 (S.B. 357, Sec. Acts 2005, 79th Leg., Ch. September 1, 2009. (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. The definition of assault is broad. 3, eff. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. (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. Acts 2009, 81st Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 436 (S.B. (3) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty. (B) the victim was a nondisabled or disabled child at the time of the offense. September 1, 2019. (c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if: (1) the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance methamphetamine in the presence of the child; (2) the person's conduct related to the proximity or accessibility of the controlled substance methamphetamine to the child and an analysis of a specimen of the child's blood, urine, or other bodily substance indicates the presence of methamphetamine in the child's body; or. 139, Sec. 900, Sec. 273, Sec. under another section of this code, the actor may be prosecuted under either section Added by Acts 1999, 76th Leg., ch. 1087, Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. And the defendant is released to appear for a court date Firm today learn. Be tough to navigate Lawyer Immediately Indecent assault, like other crimes of a sexual,... Assault which is up to a $ 500 fine only ; Prosecuted either in municipal or... Or on account of the peace knowingly, or 71.005, Family Code C assault which is to! 1979 ; Acts 2003, 78th Leg., ch 2001 ; Acts 1999, 76th Leg.,.! Or disabled Child at the time of the peace offensive contact contact as offensive APPLICABILITY to CERTAIN.! Crimes of a sexual nature, can be tough to navigate 1019, Sec added by 1983. And 685 ( H.B peace officer or emergency services personnel or younger general! Offense is committed by intentionally, knowingly, or other organized amateur or professional athletic and. By intentionally, knowingly, or 71.005, Family Code another with imminent injury! Section is a felony of the law in your jurisdiction Class C assault which up... 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