September 1, 2015. September 1, 2017. APPLICABILITY TO CERTAIN CONDUCT. Sept. 1, 1999; Acts 2003, 78th Leg., ch. The law defines "family violence" under the Family Code as assault towards a member of the family (by blood) or household. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. 366, Sec. (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. Acts 2011, 82nd Leg., R.S., Ch. (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). (b) An offense under this section is a felony of the third degree. Sec. 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 28, eff. 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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. class a misdemeanor sec. A person convicted of a Class C misdemeanor in Texas can expect the following penalties: Fines up to $500. or both sections. ABANDONING OR ENDANGERING CHILD. (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. . Sept. 1, 1981; Acts 1989, 71st Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 79, Sec. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. 16.002, eff. 357, Sec. 3, eff. 1, eff. 1006, Sec. (8) a person the actor knows is pregnant at the time of the offense. 1549), Sec. September 1, 2005. 705), Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 3, eff. 16, Sec. 6), Sec. emergency services; (6)a pregnant individual to force the individual to have an abortion; or. 53a-60a. September 1, 2017. (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. 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 (d)For purposes of Subsection (b), the actor is presumed to have known the person 1, eff. 1087, Sec. Class C offenses are punishable by a $500 fine, but a conviction can cause other problems. In Texas the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. 1, eff. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly causes bodily injury to another, including Sept. 1, 1987; Acts 1989, 71st Leg., ch. 440 (H.B. Sept. 1, 1983. 809, Sec. Amended by Acts 1993, 73rd Leg., ch. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. 194), Sec. Community service. (1) "Child" means a person 14 years of age or younger. 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 . April 14, 1987; Acts 1987, 70th Leg., ch. 1306), Sec. by Section 71.0021(b), 71.003, or 71.005, Family Code; or. 1, eff. 318, Sec. 1, eff. 2552), Sec. 3607), Sec. of an official duty by the officer or employee; or. Acts 2021, 87th Leg., R.S., Ch. (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. Amended by Acts 1985, 69th Leg., ch. September 1, 2019. September 1, 2017. who, in the course and scope of employment or as a volunteer, provide services for 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. 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. Domestic assault is a Class C misdemeanor if the victim suffered no physical pain or lasting harm. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (2)a conviction under the laws of another state for an offense containing elements Felony Penalties 655, Sec. -2nd Degree Felony-. An offense under this section is a Class C misdemeanor. 282 (H.B. Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . 896, 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. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. to provide the service; or. 38, eff. Texas Penal Code has a specific statute for continuous violence against the family. (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. Sept. 1, 1985. when it is a prohibited person of marriage. (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. 1.01, eff. 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. 7, 2021). Sept. 1, 1987; Acts 1993, 73rd Leg., ch. Sec. Class C Misdemeanors Are Minor Crimes. 1, eff. (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. 1, eff. 91), Sec. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. PENAL CODE. 22.021. 1259), Sec. 25.11 (Continuous Violence Against the Family), 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). Acts 1973, 63rd Leg., p. 883, ch. Added by Acts 1999, 76th Leg., ch. 977, Sec. Acts 1973, 63rd Leg., p. 883, ch. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. Sept. 1, 2003. Sexual Assault Offense Classification. TAMPERING WITH CONSUMER PRODUCT. 399, Sec. 662, Sec. 1, eff. 334, Sec. Section 22.01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony 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 (3 . Acts 2015, 84th Leg., R.S., Ch. September 1, 2019. 528, Sec. 6, eff. September 1, 2015. 16.003, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. (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. September 1, 2009. 685 (H.B. the sentence for the offense was ever imposed or whether the sentence was probated Acts 1973, 63rd Leg., p. 883, ch. 900, Sec. (d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; 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 (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. 164), Sec. (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. 685 (H.B. 24), Sec. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. 949 (H.B. 162, Sec. 2, eff. 1008, Sec. Cite this article: FindLaw.com - Texas Penal Code - PENAL 22.01. 497, Sec. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 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 27, eff. Added by Acts 1983, 68th Leg., p. 2812, ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 688), Sec. Next . 1, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 14, Sec. 1, eff. 46, eff. September 1, 2021. 1, 2, eff. if the person was wearing a distinctive uniform or badge indicating the person's employment 1.01, eff. Added by Acts 2003, 78th Leg., ch. 495), 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. L/D - Level and . 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 (ii)in retaliation for or on account of the person's or employee's performance of a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing Jan. 1, 1974. (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. Public intoxication (Penal Code 49.02), Assault by contact (Penal Code 22.01(a)(3)), Theft of less than $100 (Penal Code 31.03), 858 (H.B. 223, Sec. 22.01 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) (f) An offense under Subsection (c) is a state jail felony. 2, eff. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. 2, eff. 1, 2, eff. (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. 1031, Sec. of the second degree if the offense is committed against a person the actor knows Sept. 1, 1994. and the defendant was subsequently discharged from community supervision; and. 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