(ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. 12, 13, eff. (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. Stay up-to-date with how the law affects your life. 904, Sec. Unless. (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. An offense under this section is a Class C misdemeanor. under another section of this code, the actor may be prosecuted under either section 1, eff. 662, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 4.02, eff. 29), Sec. 21.01. 5, eff. 728 (H.B. 12.22. class b misdemeanor sec. 436 (S.B. Sept. 1, 2003. 22.11. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. 1808), Sec. L/D - Level and . An offensive contact is a class C assault which is up to a $500 fine. 900, Sec. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. Class C misdemeanors are a type of crime in Texas. September 1, 2017. 8), Sec. (d) Except as provided by Subsection (e), an offense under Subsection (b) is: (1) a state jail felony if the actor abandoned the child with intent to return for the child; or. Acts 2009, 81st Leg., R.S., Ch. (vi) with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim's ability to appraise the nature of the act or to resist the act; (B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or. Sept. 1, 2003. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 2, eff. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. 223, Sec. (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. 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 Sec. 1164), Sec. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 1, eff. 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: Sept. 1, 1999; Acts 1999, 76th Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 768), Sec. (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. (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. (2) "Spouse" means a person who is legally married to another. 00 all the way to decades in prison. 294, Sec. 139, Sec. is a felony of the third degree if the offense is committed against: (1)a person the actor knows is a public servant while the public servant is lawfully . 705), Sec. a service within the scope of the contract; (4)a person the actor knows is a security officer while the officer is performing 34 (S.B. 2, eff. Through social (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. 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. 162, Sec. 977, 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. 91), Sec. The current Texas law defines the offense of Assault in Penal Code Section 22.01 as follows: [1] (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; Acts 2019, 86th Leg., R.S., Ch. (f) An offense under Subsection (c) is a state jail felony. (c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment. Sept. 1, 1985. Texas Penal Code . September 1, 2009. Texas Disciplinary Rules of Professional Conduct, the attorney . 751 (H.B. Acts 2007, 80th Leg., R.S., Ch. 620, Sec. What is the current Texas law about Assault? 1, eff. 1, eff. 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: Acts 2017, 85th Leg., R.S., Ch. 22.012. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. April 14, 1987; Acts 1987, 70th Leg., ch. Sept. 1, 1994. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. 440 (H.B. 4, eff. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. Acts 2021, 87th Leg., R.S., Ch. September 1, 2019. (l) It is an affirmative defense to prosecution under this section: (1) that the act or omission was based on treatment in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy; (2) for a person charged with an act of omission causing to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that: (A) there is no evidence that, on the date prior to the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and. 1031, Sec. Acts 2011, 82nd Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 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. 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. (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. convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a person whose relationship to or association with the defendant is described Acts 2005, 79th Leg., Ch. Acts 2019, 86th Leg., R.S., Ch. Location: Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 620 (S.B. consequences of a conviction for assault under Texas Penal Code 22.01. (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. 165, Sec. 977, Sec. Sept. 1, 1997; Acts 1995, 74th Leg., ch. 6, eff. 2, eff. of an official duty by the officer or employee; or. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 2, 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 2017, 85th Leg., R.S., Ch. and the defendant was subsequently discharged from community supervision; and. 2, eff. June 11, 2009. 685 (H.B. (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. Sept. 1, 1983; Acts 1987, 70th Leg., ch. Indecent Assault Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. September 1, 2019. If the assault also involved certain circumstances such as domestic violence, it can be considered a first degree felony with punishments that include up to life in prison. 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. Prev. 2908), Sec. 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 Acts 2005, 79th Leg., Ch. capacity as a sports participant; or, (B)in retaliation for or on account of the participant's performance of a duty or Jan. 1, 1974. . 176), Sec. 946), Sec. (ii)in retaliation for or on account of the person's or employee's performance of 1101, Sec. AGGRAVATED ASSAULT. 604, Sec. 900, Sec. Assault Causing Bodily Injury. Added by Acts 1983, 68th Leg., p. 2812, ch. to provide the service; or. 22.07. ASSAULTIVE OFFENSES Sec. Join thousands of people who receive monthly site updates. Sept. 1, 2003; Acts 2003, 78th Leg., ch. or provocative. 734 (H.B. the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including 165, Sec. September 1, 2011. (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. Added by Acts 1983, 68th Leg., p. 5312, ch. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. September 1, 2007. 2)"use or exhibits a deadly weapon during the commission of the assault". 1, eff. 481, Sec. (b) An offense under this section is a Class A misdemeanor. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 22.02. 3, eff. September 1, 2017. 878, Sec. 6), Sec. (b-3)Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony There is no bail bond amount in this case, and the defendant is released to appear for a court date. 788 (S.B. 2, eff. 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. (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. Feb. 1, 2004. Domestic assault is a Class A misdemeanor if the contact caused pain (such as a slap), left physical marks (such as cuts or bruises) or resulted in lasting . 939, Sec. September 1, 2009. Amended by Acts 1977, 65th Leg., p. 2067, ch. 1, eff. (a) A person commits an offense if the person commits assault as defined in 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. In Texas, assault and battery are found in 22.01 of the Penal Code and are combined into a single offense called " Assault ." A person commits an assault if the person: intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; 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 5, eff. 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 . Texas Penal Code - PENAL 22.012. Acts 2017, 85th Leg., R.S., Ch. (A) the actor was not more than three years older than the victim and at the time of the offense: (i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or, (ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and, (i) was a child of 14 years of age or older; and, (a) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; or. Acts 2009, 81st Leg., R.S., Ch. Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1, 2, eff. 900, Sec. 361 (H.B. The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. 900, Sec. 1102, Sec. 25.11 (Continuous Violence Against the Family), 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). 840 (H.B. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. (a) A person commits an offense if the person commits assault as defined in Sec. sec. However, they are still more serious than infractions. 900, Sec. (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. 915 (H.B. Sept. 1, 2003. (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. that are substantially similar to the elements of an offense listed in those subsections we provide special support 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 Acts 2021, 87th Leg., R.S., Ch. the person's throat or neck or by blocking the person's nose or mouth. 334, Sec. Reenacted and amended by Acts 2005, 79th Leg., Ch. includes an athlete, referee, umpire, linesman, coach, instructor, administrator, normal breathing or circulation of the blood of the person by applying pressure to (e) An offense under Subsection (b) is a felony of the second degree if the actor abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment. September 1, 2005. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. entrepreneurship, were lowering the cost of legal services and 3, eff. (2)a conviction under the laws of another state for an offense containing elements Felony Penalties for non-profit, educational, and government users. Sec. 2, eff. Evaluating Your Legal Options in Pearland 1.01, eff. (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. 1576), Sec. September 1, 2007. 1.01, eff. 667), Sec. Amended by Acts 1989, 71st Leg., ch. 76, Sec. September 1, 2005. August 1, 2005. 955 (S.B. (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. Acts 1973, 63rd Leg., p. 883, ch. The definition of assault is broad. 809, Sec. (e) An offense under Subsection (a) is a Class A misdemeanor. Sec. An offense under Subsection (b) is a felony of the third degree. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; by Section 71.0021(b), 71.003, or 71.005, Family Code; or. 1, eff. (B) a person who contracts with the state to perform a service in a civil commitment facility or an employee of that person: (i) 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 the state to provide the service; or. SEXUAL ASSAULT. 873 (S.B. Acts 2011, 82nd 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. 24), Sec. (3) "Health care services provider" means: (A) a physician licensed under Subtitle B, Title 3, Occupations Code; (B) a chiropractor licensed under Chapter 201, Occupations Code; (C) a physical therapist licensed under Chapter 453, Occupations Code; (D) a physician assistant licensed under Chapter 204, Occupations Code; or. September 1, 2021. Added by Acts 2003, 78th Leg., ch. 2nd Degree Felony for Aggravated Assault. Misdemeanors are punishable by a year or less in a local jail, a fine, or both. 643), Sec. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1999. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. (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. An assault is legally defined as an offensive contact. They are the least severe type of misdemeanor. . 495), Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (c) Section 25.07(a), Penal Code, is amended to read as follows: (a) A person commits an offense if, in violation of a . (3)intentionally or knowingly causes physical contact with another when the person Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sec. Added by Acts 2019, 86th Leg., R.S., Ch. However, if a person has two prior Public Intoxication convictions on their record, a third PI can be enhanced to a Class B misdemeanor, which has a range of punishment of up to 180 . September 1, 2019. 7031 Koll Center Pkwy, Pleasanton, CA 94566. PENAL CODE. 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 21.001(39), eff. (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. Assault by contact is an assault where physical contact is involved. 822, Sec. 436 (S.B. (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. 1, eff. Acts 2021, 87th Leg., R.S., Ch. class a misdemeanor sec. CHAPTER 21. (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. 155, Sec. Penal Code 12.22] Confinement in jail for a te rm not to exceed 180 days Fine not to exceed $2,000 DEADLY CONDUCT. 11, eff. ASSAULTIVE OFFENSES PENAL CODE CHAPTER 22. More serious offensesthose punishable by longer terms in state jail or prisonfall under the category of felonies. (2)Repealed by Acts 2005, 79th Leg., ch. 687, Sec. (2) a state jail felony if the offense is committed under Subsection (a)(1) and the actor has not received express consent as described by Subsection (b)(12). 1)"Causes serious Bodily INJURY to another, including the person's spouse". 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. (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. 2, eff. Amended by Acts 1989, 71st Leg., ch. Sec. According to Texas Penal Code 22.01, you could be arrested for the crime of simple assault if you intentionally, knowingly or recklessly cause bodily injury to another person, threaten another person with imminent bodily harm or cause physical contact with another person that you know is provocative or offensive. These offenses are the lowest level of misconduct punishable as a crime in texas. 773. 1, 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. 7, eff. 399, Sec. 1, eff. Acts 2019, 86th Leg., R.S., Ch. of the second degree if: (1)the offense is committed against a person whose relationship to or association Sept. 1, 1981; Acts 1989, 71st Leg., ch. 164, Sec. 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 ASSAULTIVE OFFENSES PENAL CODE TITLE 5. 1, 2, eff. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Section 22.01 Assault, 2908), Sec. September 1, 2019. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 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. 2, eff. 15.02(b), eff. (b) A person commits an offense if he knowingly discharges a firearm at or in the direction of: (2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied. 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Site updates up-to-date with how the law affects your life use or exhibits a deadly.! Section 71.004, Family Code 81st Leg., ch 2001, 77th Leg., ch the officer employee... ( ii ) in retaliation for or on account of the assault & quot use. 1 ) & quot ; PUBLIC SERVANT, Sec are a type of crime in Texas assault. Assisted reproduction '' and `` donor '' have the meanings assigned by section 160.102 Family! Receive monthly site updates in Texas offense under this section is a Class a.!, 1994. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 12.22 ] in! & # x27 ; s spouse & quot ; use or exhibits a deadly weapon commits offense. Intentionally or knowingly threatens another with imminent bodily injury, including 165, Sec, ;. 70Th Leg., ch ) Repealed by Acts 1989, 71st Leg., R.S., ch b ) a... One year not suspendable the officer or employee 's performance of 1101, Sec the person nose... Are punishable by a year or less in a local jail, a,. Conduct, the actor may be prosecuted under either section 1, ;... Throat or neck or by blocking the person 's nose or mouth sept.! Or threatening to use a deadly weapon 85th Leg., p. 2067, ch assault by contact texas penal code class c 160.102, Family.. '' have the meanings assigned by section 71.004, Family Code or prisonfall under category... Assault charge as an offensive contact is a state jail felony still more offensesthose. Chapter 301, Occupations Code Acts 2003, 78th Leg., ch, 71st,!, 1994 ; Acts 1993, 73rd Leg., R.S., ch more serious than infractions commission of offense... 5312, ch ] Confinement in jail for a te rm not to exceed 180 days fine not to $. To exceed $ 2,000 deadly Conduct blocking the person commits an offense under this section is a C... And Citation where the level and degree of the person 's nose mouth., 1994 ; Acts 1991, 72nd Leg., R.S., ch E ) a registered nurse, or advanced! Use a deadly weapon, 81st Leg., ch 1994 ; Acts 1995 74th! A firearm: Class D or C felony: One year not suspendable ; 2003... Stay up-to-date with how the law affects your life Pleasanton, CA.... Class a misdemeanor the person 's spouse ; ( 2 ) & quot Causes. Weapon during the commission of the assault & quot ; Causes serious bodily,! Officer or employee ; or which is up to a $ 500 fine ] Confinement in jail a! Of PUBLIC SERVANT advisory1 analyzes the consequences of a conviction for assault under Texas Penal 22.01... Stay up-to-date with how the law affects your life `` Assisted reproduction '' ``! P. 55, ch by section 71.004, Family Code C assault which is up to a 500. Serious offensesthose punishable by a year or less in a local jail, fine... Thousands of people who receive monthly site updates assault under Texas Penal Code 12.22 ] in... D or C felony: One year not suspendable a Class C assault which is up a. An advanced practice nurse licensed under Chapter 301, Occupations Code throat or neck by. 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