(a) In this code: (8) "Bodily injury" means physical pain, illness, or any impairment of physical condition. Jan. 1, 1974. (3) "Agency" includes authority, board, bureau, commission, committee, council, department, district, division, and office. SHORT TITLE. (8) “ Bodily injury ” means physical pain, illness, or any impairment of physical condition. (27) Repealed by Acts 2009, 81st Leg., R.S., Ch. (8) "Bodily injury" means physical pain, illness, or any impairment of physical condition. (D) the negation of any exception to the offense. 1, eff. (40) "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. September 1, 2009. Section 6.03 Aug. 27, 1979; Acts 1979, 66th Leg., p. 1520, ch. (b) The definition of a term in this code applies to each grammatical variation of the term. EFFECT OF CODE. 421 (H.B. (1) intentionally, knowingly, or recklessly causes bodily injury to another; or (2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death. (7) "Benefit" means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. If death alone is the basis for jurisdiction, it is a defense to the exercise of jurisdiction by this state that the conduct that constitutes the offense is not made criminal in the jurisdiction where the conduct occurred. (Culpable Mental States). (C) any branch or agency of the state, a county, municipality, or political subdivision. (D) given solely to detect the commission of an offense. § 22.01(a)(1). Report Says Lawyers Will Discover a New Normal in 2021, 2021 May Bring Pro-Labor and Unionization Movement in Tech. 399, Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. In Texas, assault causing bodily injury is a Class A Misdemeanor. , limited liability company, or other entity or organization governed by the Business Organizations Code, Article 2.122, Code of Criminal Procedure, Read this complete Texas Penal Code § 1.07. 399, Sec. (F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so. (a) This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which he is criminally responsible if: (1) either the conduct or a result that is an element of the offense occurs inside this state; (2) the conduct outside this state constitutes an attempt to commit an offense inside this state; (3) the conduct outside this state constitutes a conspiracy to commit an offense inside this state, and an act in furtherance of the conspiracy occurs inside this state; or. … 342, Sec. Robbery is a 2d degree felony in Texas. Jan. 1, 1974. Section 481.002, Health and Safety Code Conduct causes bodily injury Conduct against someone defined by Texas Family Code Previous conviction of offense under penal code Ch. 25.144, eff. Acts 1973, 63rd Leg., p. 883, ch. (a-1) A person commits an offense if the person is an … (18) "Drug" has the meaning assigned by Section 481.002, Health and Safety Code. Google Chrome, (C) any branch or agency of the state, a county, municipality, or political subdivision. (i) This subsection applies only to a motor vehicle used in the commission of an offense under this section that results in an accident with property damage or personal injury. A serious bodily injury is defined under Texas Penal Code § 1.07(46) as . (5) "Another" means a person other than the actor. 87, § 25.144. 2031), Sec. The general purposes of this code are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate. CONCURRENT JURISDICTION UNDER THIS CODE TO PROSECUTE OFFENSES THAT INVOLVE STATE PROPERTY. (8) "Bodily injury" means physical pain, illness, or any impairment of physical condition. 167, Sec. (27) Repealed by (25) "Harm" means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. Jan. 1, 1974. The definition of bodily injury in Texas is quite broad and can found under Texas Penal Code Section 1.07(8). (48) “Unlawful” means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege. 1258), Sec. 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) 1, eff. (b) Unless a different construction is required by the context, Sections 311.011, 311.012, 311.014, 311.015, and 311.021 through 311.032 of Chapter 311, Government Code (Code Construction Act), apply to the construction of this code. The injury can be deliberate or it can be caused by inaction – in other words, causing injury … (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. (8) “Bodily injury” means physical pain, illness, or any impairment of physical condition. 399, Sec. (21) “Electric utility substation” means a facility used to switch or change voltage in connection with the transmission of electric energy for distribution to the public. 3019 passing in the 85th Legislature. With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute under this code any offense an element of which occurs on state property or any offense that involves the use, unlawful appropriation, or misapplication of state property, including state funds. 997, Sec. (11) “Consent” means assent in fact, whether express or apparent. 1, eff. (8-a) “ Civil commitment facility ” means a facility owned, leased, or operated by the state, or by a vendor under contract with the state, that houses only persons who have been civilly committed as sexually violent predators under Chapter 841, Health and Safety Code. Jan. 1, 1974. (15) "Criminal negligence" is defined in Section 6.03 (Culpable Mental States). Examples of serious bodily injury may include: 87 (S.B. Definitions on Westlaw, industry-leading online legal research system. Section 481.002, Health and Safety Code (b) An offense under this section is a felony of the second degree. Acts 2017, 85th Leg., R.S., Ch. Bodily injury does not require that someone goes to the hospital or receive medical treatment. 1, eff. 19, 22, 20.03, 20.04, 21.11, or 25.11 committed against person defined by the family code Assuming no additional enhancements apply (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) “Agency” includes authority, board, bureau, commission, committee, council, department, district, division, and office. A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; (2) (41) "Public servant" means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties: (A) an officer, employee, or agent of government; (C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or, (D) an attorney at law or notary public when participating in the performance of a governmental function; or, (E) a candidate for nomination or election to public office; or. 1, eff. Under Texas Penal Code Ch 22.01–Assault, an individual has committed a misdemeanor if they intentionally, knowingly, or recklessly: Caused bodily injury to another; Threatened bodily injury to another (4) the conduct inside this state constitutes an attempt, solicitation, or conspiracy to commit, or establishes criminal responsibility for the commission of, an offense in another jurisdiction that is also an offense under the laws of this state. 530, Sec. (6) “Association” means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest. 1.09. (h) An offense under Subsection (a) is a felony of the second degree if it is shown on the trial of the offense that as a result of the offense, an individual suffered serious bodily injury or death. causes serious bodily injury; or (2) uses or threatens to use a deadly weapon. Sec. (5) “Another” means a person other than the actor. If you have been arrested for. (c) This code does not bar, suspend, or otherwise affect a right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil suit for conduct this code defines as an offense, and the civil injury is not merged in the offense. Consent is not effective if: (B) given by a person the actor knows is not legally authorized to act for the owner; (C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or. Sec. (A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor;  or. TERRITORIAL JURISDICTION. Section 483.001, Health and Safety Code 1, eff. 1.02. (10) "Conduct" means an act or omission and its accompanying mental state. or (45) "Secure correctional facility" means: (B) a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice. (49) “Death” includes, for an individual who is an unborn child, the failure to be born alive. 839 (H.B. 563), Sec. (3) is committed to or lawfully detained in a secure correctional facility, as defined by Section 51.02, Family Code, other than a halfway house, operated by or under contract with the Texas Juvenile Justice Department. Pai… Sept. 1, 1994. (D) given solely to detect the commission of an offense. (38) “Person” means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. 848, Sec. Any contact that causes pain can. 900, Sec. (d) An offense under this section is a felony of the second degree if the actor to effect his escape causes bodily injury. 900, Sec. 1.01, eff. (b) If the offense is criminal homicide, a "result" is either the physical impact causing death or the death itself. (37) "Penal institution" means a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense. The term includes: (B) a confinement facility operated by the Texas Department of Criminal Justice; (C) a confinement facility operated under contract with any division of the Texas Department of Criminal Justice; and. The Texas Penal Code defines bodily injury to mean pain that causes either pain or illness. , It now covers people who operate boarding homes, and the list of disabilities … Next ». Texas Penal Code Chapter 29.02 . 479, Sec. The term includes: (B) a confinement facility operated by the Texas Department of Criminal Justice; (C) a confinement facility operated under contract with any division of the Texas Department of Criminal Justice;  and. Deadly Weapon (12) “Controlled substance” has the meaning assigned by 38.07 and amended by Acts 1993, 73rd Leg., ch. (F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action. (46-b) “Federal special investigator” means a person described by (4) “Alcoholic beverage” has the meaning assigned by This includes your immediate family, dating partners, spouses, people you live with, and someone you are dating or have dated. Bodily injury is a less significant injury than serious bodily injury, discussed below. Under Texas Penal Code Section 22.04, the offense of Injury to an Elderly occurs when a person causes injury to person who is 65 years of age or older. Array The definition of public servant comes for the Texas Penal Code and can be found. (2) a reference to a subchapter, subsection, subdivision, paragraph, or other numbered or lettered unit without further identification is a reference to a unit of the next-larger unit of this code in which the reference appears. 399, Sec. 328, Sec. (46-b) "Federal special investigator" means a person described by Article 2.122, Code of Criminal Procedure. To this end, the provisions of this code are intended, and shall be construed, to achieve the following objectives: (1) to insure the public safety through: (A) the deterrent influence of the penalties hereinafter provided; (B) the rehabilitation of those convicted of violations of this code; and. (Culpable Mental States). The term includes a check, an electronic debit, or an automatic bank draft. Added by Acts 2007, 80th Leg., R.S., Ch. CONSTRUCTION OF CODE. 1, eff. (26) “Individual” means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. 69, eff. Sept. 1, 1985. (b)AAAn offense under this section is a felony of the second degree. (23) "Felony" means an offense so designated by law or punishable by death or confinement in a penitentiary. Texas Penal Code § 1.07(a)(8) provides that "`[b]odily injury' means physical pain, illness, or any impairment of physical condition." 1.08. Serious Bodily Injury is defined by Section 1.07 of the Texas Penal Code as "bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ." , or other law. (41) “Public servant” means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties: (A) an officer, employee, or agent of government; (C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy;  or, (D) an attorney at law or notary public when participating in the performance of a governmental function;  or, (E) a candidate for nomination or election to public office;  or. 1, eff. (3) intentionally or knowingly causes physical contact with another when the person knows or … (D) a community corrections facility operated by a community supervision and corrections department. As you can see, the definition of bodily injury in Texas is very broad and it does not take much to make an allegation or establish the element of “bodily injury” in an Assault Bodily Injury or Assault Causing Bodily Injury to a Family Member case. (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or. The elements of assault family violence come from § 22.01, Penal Code and include relationships defined under Chapter 71 of the Texas Family Code. 1.03. (19) "Effective consent" includes consent by a person legally authorized to act for the owner. 399, Sec. Acts 1973, 63rd Leg., p. 883, ch. (A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or. (42) "Reasonable belief" means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor. Chapter 71 of the Texas Family Code broadly considers family member and household member to encompass people you are related to both by blood and by affinity. (46-a) “Sight order” means a written or electronic instruction to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time by the person being instructed to pay. Copyright © 2021, Thomson Reuters. 1, eff. charge to a non-violent offense. (6) to define the scope of state interest in law enforcement against specific offenses and to systematize the exercise of state criminal jurisdiction. Texas statutes define serious bodily injury as any physical injury that causes a “substantial” risk of death, causes death, causes serious permanent disfigurement, or results in the loss or impairment of any bodily function. It doesnt matter what degree of pain is caused. (46) “Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. 112 (S.B. This code shall be known and may be cited as the Penal Code. 900, Sec. September 1, 2011. Under Texas law, “ bodily injury” could be anything that causes pain, even if it doesn’t leave a mark. Renumbered from Penal Code Sec. . TEX. 1.01, eff. (29) “Knowing” is defined in … 900, Sec. The full legal definition of Assault with Bodily Injury is found in Section 22.01(a)(1) of the Texas Penal Code . (31) “Misdemeanor” means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. (13) “Corporation” includes nonprofit corporations, professional associations created pursuant to statute, and joint stock companies. . (46) "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. A person commits assault if he intentionally, knowingly, or recklessly causes bodily injury to another person. (12) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. Sept. 1, 1994. (B) a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice. Serious Bodily Injury. Bodily Injury From Car Accident What Does Bodily Injury Limits Mean What is bodily injury liability? Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1.04. (31) "Misdemeanor" means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. 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. 1, eff. 1, eff. bodily injury to another; or (2)AAintentionally or knowingly threatens or places another in fear of imminent bodily injury or death. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. No governmental subdivision or agency may enact or enforce a law that makes any conduct covered by this code an offense subject to a criminal penalty. (3) intentionally or knowingly causes physical contact with another when the … (F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so. 543, Sec. Sec. Amended by Acts 1985, 69th Leg., ch. Internet Explorer 11 is no longer supported. Acts 2019, 86th Leg., R.S., Ch. A person commits this offense if he (or she) intentionally, knowingly, or recklessly causes bodily injury to another person, including the person’s spouse. The term includes a check, an electronic debit, or an automatic bank draft. (11) "Consent" means assent in fact, whether express or apparent. 1.01, eff. Bodily injury liability is car insurance coverage that pays for injuries a driver causes to other people, including other drivers, The per-person limit applies to each person injured in an accident. Article 2.12, Code of Criminal Procedure 1, eff. (1) a reference to a title, chapter, or section without further identification is a reference to a title, chapter, or section of this code; and. Firefox, or Amended by Acts 1985, 69th Leg., ch. 3-5 days $300 per day 6-10 days $300 per day 18-Cancel $300 per day Conducting business in a manner as to allow an aggravated breach of the peace with a serious bodily injury, death or involving a (28) "Intentional" is defined in Section 6.03 (Culpable Mental States). (8-a) "Civil commitment facility" means a facility owned, leased, or operated. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 1576), Sec. (1) “Act” means a bodily movement, whether voluntary or involuntary, and includes speech. (46-a) "Sight order" means a written or electronic instruction to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time by the person being instructed to pay. Acts 1973, 63rd Leg., p. 883, ch. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. 1.05. It can take place in 2 ways. Section 6.03 (2) "Actor" means a person whose criminal responsibility is in issue in a criminal action. (D) the negation of any exception to the offense. All rights reserved. 3423), Sec. Texas Penal Code § 1.07 (8). Section 1.04, Alcoholic Beverage Code (B) is a holder in due course of a negotiable instrument. Acts 2009, 81st Leg., R.S., Ch. COMPUTATION OF AGE. (30) “Law” means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. Amended by Acts 1993, 73rd Leg., ch. Search Texas Statutes. Aug. 29, 1977; Acts 1979, 66th Leg., p. 1113, ch. 378 (S.B. 51.214, Education Code The punishment level of a Simple Assault charge varies from a Class C Misdemeanor to a Second Degree Felony. Sec. (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: (1) serious bodily injury; (2) serious mental deficiency, impairment, or injury; or. 210.319.4345; 214 E Ashby PL San Antonio, TX 78212; Mon-Sun: Open 24 Hours Sept. 1, 1994. 1.07. (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. Sec. 1, eff. Sec. . (a) The rule that a penal statute is to be strictly construed does not apply to this code. aault, case, felony, degree, texas, fine, aaulting, misdemeanor, attorney, judge. (b) The provisions of Titles 1, 2, and 3 apply to offenses defined by other laws, unless the statute defining the offense provides otherwise; however, the punishment affixed to an offense defined outside this code shall be applicable unless the punishment is classified in accordance with this code. § 1.07(a)(8). Amended by Acts 1975, 64th Leg., p. 912, ch. (Culpable Mental States). Acts 2011, 82nd Leg., R.S., Ch. 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