Class C Misdemeanors Are Minor Crimes. Acts 2017, 85th Leg., R.S., Ch. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. 399, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (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. 1, eff. Acts 2021, 87th Leg., R.S., Ch. 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. Sept. 1, 1999; Acts 2001, 77th Leg., ch. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing (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. September 1, 2007. 53a-60b. 273 (H.B. 11, eff. Acts 2017, 85th Leg., R.S., Ch. Similarly, assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors. Acts 1973, 63rd Leg., p. 883, ch. 3607), Sec. (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. Sec. 1.125(a), eff. (3)the offense is committed by intentionally, knowingly, or recklessly impeding the Sept. 1, 1997; Acts 1999, 76th Leg., ch. (b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm. Sept. 1, 2003. When the conduct is engaged in recklessly, the offense is a felony of the second degree. 467 (H.B. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. Acts 2019, 86th Leg., R.S., Ch. 10, eff. 176), Sec. Texas Penal Code has a specific statute for continuous violence against the family. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 34 (S.B. September 1, 2007. 1.02. objectives of code . 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. 446, Sec. (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. (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. 1286, Sec. Acts 2005, 79th Leg., Ch. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 29), Sec. (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to: (1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies; (2) place any person in fear of imminent serious bodily injury; (3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place; (4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service; (5) place the public or a substantial group of the public in fear of serious bodily injury; or. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 12, 13, eff. 1286), Sec. (b-3)Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony (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. 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 HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. 5, eff. Sec. September 1, 2009. (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. (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. 2066), Sec. 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". August 1, 2005. 139, Sec. 900, Sec. Class C offenses are punishable by a $500 fine, but a conviction can cause other problems. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. (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. 361 (H.B. (3) 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. (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. 3, eff. 2, eff. Assault is a common charge in . Search Texas Statutes. is a peace officer or judge while the officer or judge is lawfully discharging an Jan. 1, 1974. 29, eff. 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. (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. 318, Sec. 896, Sec. 1158, Sec. Often, verbal threats are made in response to a challenging or tense situation, and the person making them may not mean what they say. 14.829, eff. 728 (H.B. 440 (H.B. (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. Acts 2017, 85th Leg., R.S., Ch. Assault occurs when a 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 (3) intentionally or knowingly causes physical contact with another when the person knows or (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. 34 (S.B. 620 (S.B. 4170), Sec. 1, eff. Nevertheless, they become Class A or B misdemeanor offenses . 685 (H.B. of the contract, if the actor knows the person or employee is authorized by government (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. performance of an official duty as a peace officer or judge. The law defines "family violence" under the Family Code as assault towards a member of the family (by blood) or household. 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, 1999; Acts 2001, 77th Leg., ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 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. 2, eff. (last accessed Jun. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. 2, eff. 165, Sec. September 1, 2015. 91), Sec. Acts 2019, 86th Leg., R.S., Ch. 2589), Sec. 1, eff. 6, eff. (e) It is an affirmative defense to prosecution under Subsection (a)(2): (1) that the actor was the spouse of the child at the time of the offense; or. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or . 38, eff. Acts 2021, 87th Leg., R.S., Ch. 788 (S.B. 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. 284(32), eff. 22.10. 24, Sec. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. 1, eff. TEXAS PENAL CODE Offense Punishment ex. the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 2552), Sec. (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. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 900, Sec. Added by Acts 1985, 69th Leg., ch. (2) a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense listed in those subsections is a conviction of the offense listed. What is the current Texas law about Assault? Sept. 1, 1991; Acts 1993, 73rd Leg., ch. The punishment according to Sec. These cases are quite complex and benefit from the expertise of a criminal defense attorney. 318, Sec. 2, eff. texas penal code. responsibility within the participant's capacity as a sports participant; or. 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. 900, Sec. Stay up-to-date with how the law affects your life. (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. Amended by Acts 1993, 73rd Leg., ch. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1)"Causes serious Bodily INJURY to another, including the person's spouse". that are substantially similar to the elements of an offense listed in those subsections 955 (S.B. Copyright 2023, Thomson Reuters. power or performance of an official duty as a public servant; (2)a person whose relationship to or association with the defendant is described (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. SEXUAL OFFENSES. (3) "Household" has the meaning assigned by Section 71.005, Family Code. assaulted was a public servant, a security officer, or emergency services personnel class a misdemeanor sec. official duty or in retaliation or on account of an exercise of official power or 1008, Sec. 1, 2, eff. An assault is classified as a class a misdemeanor if bodily injury was caused. 53a-60. 1, eff. September 1, 2017. L/D - Level and . (a) In this section, "abandon" means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability. PENAL CODE. 1, eff. 1, eff. September 1, 2007. 273, Sec. 334, Sec. September 1, 2009. 1.01, eff. 1, eff. September 1, 2017. It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. or staff member. 2, eff. (4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person. September 1, 2015. 900, Sec. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. 1, eff. September 1, 2007. (b) An offense under this section is a Class C misdemeanor. 875 (H.B. (B)a person who contracts with the state to perform a service in a civil commitment Amended by Acts 1989, 71st Leg., ch. We will always provide free access to the current law. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Sept. 1, 1995; Acts 1997, 75th Leg., ch. DEFINITIONS. An offense under Subsection (b) is a felony of the third degree. 858 (H.B. 22.08. 7031 Koll Center Pkwy, Pleasanton, CA 94566. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. Continuous Violence Against the Family is a Third-Degree Felony. (a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual: (2) serious mental deficiency, impairment, or injury; or. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 427 (H.B. Sept. 1, 1981; Acts 1989, 71st Leg., ch. AGGRAVATED ASSAULT. 1.01, eff. 495), Sec. or provocative. 417, Sec. 1.01, eff. 688), Sec. 784 (H.B. September 1, 2007. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 33, eff. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. Assault in the second degree: Class D or C felony. (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. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. Assault Causing Bodily Injury. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. 00 all the way to decades in prison. (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. 2, eff. 2, eff. 25.11 (Continuous Violence Against the Family), 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). Sept. 1, 1983. Sept. 1, 1999. (a) A person commits an offense if the person commits assault as defined in Sec. 3, eff. Contact us. 2, eff. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. APPLICABILITY TO CERTAIN CONDUCT. In Texas, an aggravated assault is a second degree felony with punishments including 2 to 20 years in prison and a fine of up to $10,000. (B)in retaliation for or on account of the person's or employee's performance of 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 719 (H.B. Acts 2017, 85th Leg., R.S., Ch. 46, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Let's dive into the statute and see what's going on here. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 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. 2, eff. 528, Sec. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. Acts 2015, 84th Leg., R.S., Ch. 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