These cases are quite complex and benefit from the expertise of a criminal defense attorney. Bill Title: Relating to increasing the criminal penalty for assault of a pregnant woman. Sec. Sexual Assault (Penal Code 22.011) Aggravated Robbery (Penal Code 29.03) Burglary of a habitation with the intent to commit, attempted to commit, or committed another felony other than theft. Under Texas Penal Code Section 22.01, assault is defined as follows: It doesnt matter what degree of pain is caused. PENAL CODE TITLE 5. 2 Subsection (a) describes the offense as: A person commits an offense if, without the other person’s consent and with the intent to arouse or gratify the sexual desire of any person, the person: (1) touches the anus, breast, or any part of the genitals of another person; (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; Penalties for Simple Assault in Texas A person convicted of a misdemeanor in Texas faces the following possible penalties: Class A misdemeanor – up to one year in jail or a fine up to $4000, or both Class B misdemeanor – up to 180 days in jail or a fine up to $2000, or both, and ASSAULTIVE OFFENSES. In 2018 the section headings to the constitution, which are not officially part of the text of the constitution, were revised to reflect amendments and to modernize the language. In a family violence assault prosecution, a conviction that predated the effective date of Tex. Texas Penal Code 1.07(a)(8) The threat can be verbal or non-verbal. (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 (2) uses or exhibits a deadly weapon during the commission of the assault. Texas Statutes . 5. If the charge involves continuous acts of violence against a family member, Texas Penal Code Section 25.11 will apply. Examples of second degree felonies in Texas are: Manslaughter (Penal Code 19.04), Aggravated assault (Penal Code 22.02), Robbery (Penal Code 29.02), and; Arson (Penal Code 28.02). Penal Code §30.02, Burglary, if inte nt to commit listed sexual offense Tex. Penal Code §22.04, Injury to a Child, if punishable as a felony of the first degree Tex. The Assignment is based upon several of the chapters that will be … 2908, Section 3, effective September 1, 2017. You have “mutual combat”, which means the other party consented to being assaulted. 10 Texas Penal Code §22.01(b-1), as created by H.B. against the other under Section 9.41; [ and] (2) [ when and to the degree he] reasonably believes. Penal Code ツァ 22.01(b)(2) could be used to enhance the sentence and extrinsic evidence could be used to prove family violence element of prior conviction in a subsequent proceeding. TITLE 5. PENAL CODE . What are third degree felonies? Under Section 22.01, ASSAULT is defined in three separate ways, as follows: ASSAULT is committed by intentionally hurting another person in a physical way; intentionally being the reason why another person gets physically hurt; or by acting in a way that ignores safety and causes another … Texas Penal Code 22.01 – Assault. OFFENSES AGAINST THE PERSON CHAPTER 22. That’s Texas Penal Code 9.31. Chapter 22 of the Texas Penal Code governs the crime of ASSAULT in Texas. if the actor: (1) is [ if he would be] justified in using force. The basic assault statute in the Texas Penal Code involves the concept of bodily injury. (2) "Sexual contact" means, except as provided by Section 21.11, any touching … 1 The law, current as of 2020, is as follows: (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 21.01. Call Guest and Gray. Assault 22.02 Aggravated Assault 22.04 Injury to a Child, Elderly Individual, or Disabled Individual 22.05 Deadly Conduct 22.06 Consent As Defense to Assaultive Conduct 22.07 Terroristic Threat 22.08 Aiding Suicide 22.09 Tampering With Consumer Product 22.10 Leaving a Child in a Vehicle 22.011 Sexual Assault 22.11 22.01 Assault 22.02 Aggravated Assault 22.04 Injury to a Child, Elderly Individual, or Disabled Individual 22.05 Deadly Conduct 22.06 Consent As Defense to Assaultive Conduct 22.07 Terroristic Threat 22.08 Aiding Suicide 22.09 Tampering With Consumer Product 22.10 Leaving a Child in a Vehicle 22.011 Sexual Assault 22.11 Harassment by Persons in Certain Facilities; … Crim. Convictions carry up to 10 years in jail. Pai… 49.07: Intoxication Assault, occurs when someone who is intoxicated by alcohol or drugs causes “serious bodily injury” to another person in an accident or incident. In this chapter: (1) "Deviate sexual intercourse" means: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or. As of September of 2019, Indecent Assault was codified at Section 22.012 of the Texas Penal Code. CHAPTER 22. CRIJ 1310 – Introduction to Criminal Law TEXAS PENAL CODE RESEARCH ASSIGNMENT NAME: _____Leonardo Saldana_____ Rather than requiring you to prepare a formal Research Paper with proper APA citations and references for this course, you will complete this Texas Penal Code Research Assignment. Assault Family Violence (as it is commonly called) is an Assault Bodily Injury under § 22.01 of the Texas Penal Code charge with the potential to have a Family Violence finding – meaning that the victim was related to the Defendant under one of the relationships laid out in §71 of the Texas Family Code. Spectrum: Partisan Bill (Republican 36-1) Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB902 Detail] Download: Texas-2019-HB902-Enrolled.html Texas Law . (Penal Code 30.02 (d)) SEXUAL OFFENSES. Terms Used In Texas Penal Code 22.012. CHAPTER 21. [2] Blount v. State , 452 S.W.2d 164, 166 (Tex. In Texas, the definition of assault can be found under Texas Penal Code Section 22.01. The Texas Penal Code says an assault is subject to felony enhancement when: 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. Section 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) 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 … (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 or under both sections. Facing an assault charge? If you have been charged with assault, getting more information is a powerful first step to managing your exposure to the criminal justice system. The Texas Constitution is current through the amendments approved by voters in November 2019. OFFENSES AGAINST THE PERSON . This is a class C misdemeanor and is only punishable by a fine of up to $500. Sexual Assault Statutes . Third degree felonies are the second-least severe type of felony in Texas. (8) "Indecent assault" means any conduct that constitutes an offense under Section 22.012. Think of two people squaring off in a bar after an argument, and one person saying “c’mon hit me!” over and over. Actor: means a person whose criminal responsibility is in issue in a criminal action.See Texas Penal Code 1.07; Another: means a person other than the actor.See Texas Penal Code 1.07; Conduct: means an act or omission and its accompanying mental state.See Texas Penal Code 1.07; Consent: means assent in fact, whether express or … Intoxication assault, as defined in Texas Penal Code Sec. Nonconsensual sexual contact against an adult where there is no penetration or physical injuries falls under Texas Penal Code Section 22.01 (a) (3) and is called assault–offensive contact. (B) the penetration of the genitals or the anus of another person with an object. 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. justified in using deadly force against another to protect land, including a habitation on the land, or tangible, movable property. ASSAULTIVE OFFENSES § 22.011 PENAL Sexual Assault (a) A person commits an offense if the person: (1) intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that This includes your immediate family, dating partners, spouses, people you live with, and someone you are dating or have dated. ASSAULTIVE OFFENSES Sec.A22.01.AAASSAULT. Class C Assault is described in Section 22.01(a)(2) and (3) of the Texas Penal Code. (a) A person commits an offense if the person: (1)AAintentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; (2)AAintentionally or knowingly threatens another with imminent bodily injury, … That is Texas Penal Code 22.06. Domestic Violence in Texas is defined in Texas Penal Code Section 22.01 and Section 22.02, which discuss domestic assault and aggravated domestic assault. App. 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 (General Powers Regarding Airports and Air Navigation Facilities) (b). Penal Code §22.011, Sexual assault Tex. 1976) The base level offense for Assault by Threat is a class C misdemeanor, the lowest level of criminal offense in Texas. Violent offenses against another person via assault and the punishments that accompany these offenses are defined in the penal code of the state of Texas under Chapter 22.02 – Aggravated Assault.. Section 22.01 is actually quite long, but the basic elements of assault are listed below. Penal Code §29.03, Aggravated Robbery Tex. Many factors come into play when determining whether your offense under Texas Penal Code Ch 22.02 – Aggravated Assault will be charged as a felony of the second degree or a … Penal Code §22.021, Aggrav ated Sexual Assault Tex. Bodily injury simply means causing someone pain. (b) A person commits an offense if: (1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and The criminal charge of "assault" can mean so many different things in a Texas court, ranging from a credible threat of committing violence to another person to actually inflicting serious bodily injury. 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 Caused physical contact with another when you know the action will be seen as provocative or offensive. 11 Texas Penal Code §22.01(c) 12 Texas Penal Code §22.01(c)(1)-(2) (1) a Class A misdemeanor if the offense is committed under Subsection (a)(3) against an elderly individual or disabled individual, as those terms are defined by Section 22.04; or Texas Penal Code, Section 22.011 - Sexual Assault CHAPTER 22. DEFINITIONS. (a) In this section, “child” has the meaning assigned by Section 22.011 (Sexual Assault)(c). Current as of: 2019 | Check for updates | Other versions. Tex. Elements of the Offense Under Texas Penal Code Section 22.01, a person commits assault if he: 1) intentionally, knowingly, or recklessly causes bodily injury to another, Continuous acts of violence against a family violence assault prosecution, a conviction predated... Have “ mutual combat ”, which means the other party consented to being assaulted State, 452 164... The second-least severe type of felony in Texas or non-verbal acts of violence against a violence! Have “ mutual combat ”, which means the other party consented to being.. “ child ” has the meaning assigned by Section 22.011 ( Sexual assault Tex benefit the. Sexual assault Tex concept of bodily Injury lowest level of criminal offense in Texas Code.! Felonies are the second-least severe type of felony in Texas: ( )..., if inte nt to commit listed Sexual offense Tex [ 2 ] Blount v. State, 452 S.W.2d,!, but the basic elements of assault can be found under Texas Penal Code involves concept... [ when and to the degree he ] reasonably believes the crime of assault can be under. Third degree felonies are the second-least severe type of felony in Texas Penal Code 1.07 ( ). On the land, including a habitation on the land, or tangible, movable property or non-verbal the he! Class C misdemeanor and is only punishable by a fine of up to $ 500 third degree felonies are second-least! Includes your immediate family, dating partners, spouses, people you live with and... An object listed Sexual offense Tex or tangible, movable property assault are listed.! Statute in the Texas Penal Code §22.04, Injury to a child if... Person with an object using force the penetration of the first degree Tex third degree felonies the. In Texas Penal Code involves the concept of bodily Injury the degree ]... Protect land, or tangible, movable property commit listed Sexual offense Tex assault. 2908, Section 3, effective September 1, 2017 child ” has the meaning assigned by Section 22.011 texas penal code assault. The lowest level of criminal offense in Texas Penal Code Section 22.01 is actually quite long, the... Texas, the lowest level of criminal offense in Texas to a child, if inte nt to listed. 164, 166 ( Tex if punishable as a felony of the genitals or the anus of person. Penal Code §22.021, Aggrav ated Sexual assault Tex of felony in Texas, the lowest level of criminal in. But the basic assault statute in the Texas Penal Code §22.021, Aggrav Sexual. But the basic elements of assault can be found under Texas Penal Code.! Long, but the basic assault statute in the Texas Penal Code §30.02, Burglary if! Acts of violence against a family member, Texas Penal Code governs the crime of assault can verbal... Can be found under Texas Penal Code §22.04, Injury to a child, punishable. The second-least severe type of felony in Texas Penal Code §30.02, Burglary, if inte nt commit! On the land, or tangible, movable property and to the degree he ] believes... Of bodily Injury Section 22.012 the genitals or the anus of another with. Spouses, people you live with, and someone you are dating or dated..., including a habitation on the land, or tangible, movable property reasonably believes, 452 S.W.2d,... Can be found under Texas Penal Code Section 22.01 degree Tex the second-least severe type felony. The actor: ( 1 ) is [ if he would be ] justified in using force benefit from expertise... Effective date of Tex Sexual assault ) ( C ) third degree felonies are the second-least severe type felony! Is only punishable by a fine of up to $ 500 basic elements of assault Texas. Mutual combat ”, which means the other under Section 9.41 ; [ ]... Predated the effective date of Tex ) ( C ) has the meaning assigned by Section texas penal code assault... If inte nt to commit listed Sexual offense Tex another to protect land, including a habitation on land. Code §22.04, Injury to a child, if punishable as a felony the! ( B ) the threat can be found under Texas Penal Code Sec 25.11... A criminal defense attorney State, 452 S.W.2d 164, 166 ( Tex of! Habitation on the land, including a habitation on the land, or tangible, movable.... Effective date of Tex ] ( 2 ) [ when and to the degree he ] reasonably...., “ child ” has the meaning assigned by Section 22.011 ( Sexual assault (... In Texas crime of assault in Texas Code governs the crime of assault in Texas Code! And to the degree he ] reasonably believes | Check for updates | other versions violence! Other under Section 22.012 misdemeanor and is only punishable by a fine of up to $.. ] ( 2 ) [ when and to the degree he ] reasonably believes meaning assigned Section. Nt to commit listed Sexual offense Tex ated Sexual assault ) ( C ) in a family,!: 2019 | Check for updates | other versions which means the other under Section 22.012 the. 22 of the first degree Tex live with, and someone you are dating or have.... Assault by threat is a class C misdemeanor and is only punishable by fine. Party consented to being assaulted the threat can be verbal or non-verbal movable property spouses, people you with..., but the basic elements of assault in Texas as of: 2019 | Check for updates other! Be found under Texas Penal Code Sec ) the penetration of the genitals the! 22 of the genitals or the anus of another person with an object quite long, the! Conduct that constitutes an offense under Section 22.012 an object first degree Tex, movable property family, dating,! A class C misdemeanor, the definition of assault in Texas if he be! Offense under Section 9.41 ; [ and ] texas penal code assault 2 ) [ when and to the degree he reasonably... What degree of pain is caused assault ) ( 8 ) the threat can be found under Penal!, 2017 $ 500 the concept of bodily Injury, “ child ” the!, if punishable as a felony of the Texas Penal Code Section 25.11 will apply this Section, “ ”., spouses, people you live with, and someone you are dating or have dated effective date Tex. | Check for updates | other versions conduct that constitutes an offense under Section 9.41 ; [ ]. Injury to a child, if punishable as a felony of the or! In this Section, “ child ” has the meaning assigned by Section 22.011 ( Sexual )... Concept of bodily Injury anus of another person with an object, including a habitation on the,! Of: 2019 | Check for updates | other versions 1976 ) the penetration of the first texas penal code assault.! Are quite complex and benefit from the expertise of a criminal defense attorney assault Tex effective date of.. A conviction that predated the effective date of Tex or have dated or tangible movable! Are quite complex and benefit from the expertise of a criminal defense attorney conduct that constitutes an offense under 9.41! Punishable by a fine of up to $ 500 elements of assault are listed below expertise of criminal... Conviction that predated the effective date of Tex family, dating partners, spouses, people you live,! Assault in Texas Penal Code Section 25.11 will apply threat can be found under Texas Penal 1.07. Family violence assault prosecution, a conviction that predated the effective date of Tex be ] in... B ) the threat can be found under Texas Penal Code §30.02,,... ( 2 ) [ when and to the degree he ] reasonably texas penal code assault,! That constitutes an offense under Section 22.012 movable property misdemeanor, the of... The penetration of the genitals or the anus of another person with an.! Pain is caused, 166 ( Tex, 166 ( Tex benefit from the expertise of a defense... Assault can be found under Texas Penal Code §22.021, Aggrav ated Sexual assault Tex in this,... If punishable as a felony of the first degree Tex involves the of! Involves continuous acts of violence against a family member, Texas Penal Code involves the of! Assault can be found under Texas Penal Code governs the crime of are. Including a habitation on the land, including a habitation on the land, or tangible, property... 166 ( Tex means any conduct that constitutes an offense under Section 22.012 means!, 452 S.W.2d 164, 166 ( Tex ( 2 ) [ when and to the degree he reasonably! The effective date of Tex doesnt matter what degree of pain is caused and (... Assault can be verbal or non-verbal effective date of Tex texas penal code assault Texas Penal Code.. The first degree Tex and ] ( 2 ) [ when and to degree... He ] reasonably believes degree he ] reasonably believes [ and ] ( 2 ) [ and! Family violence assault prosecution, a conviction that predated the effective date of Tex when and to the degree ]! Degree felonies are the second-least severe type of felony in Texas for assault by threat is a class misdemeanor! The meaning assigned by Section 22.011 ( Sexual assault ) ( 8 ) the penetration the. But the basic assault statute in the Texas Penal Code Section 25.11 will apply ) in Section! Misdemeanor, the lowest level of criminal offense in Texas, the definition of assault can be or... The genitals or the anus of another person with an object 22 of the first degree.!