Bodily injury simply means causing someone pain. Class C Assault is described in Section 22.01(a)(2) and (3) of the Texas Penal Code. Tex. The basic assault statute in the Texas Penal Code involves the concept of bodily injury. 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). In Texas, the definition of assault can be found under Texas Penal Code Section 22.01. CHAPTER 21. 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 … 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. Texas Penal Code 1.07(a)(8) The threat can be verbal or non-verbal. 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. If the charge involves continuous acts of violence against a family member, Texas Penal Code Section 25.11 will apply. [2] Blount v. State , 452 S.W.2d 164, 166 (Tex. against the other under Section 9.41; [ and] (2) [ when and to the degree he] reasonably believes. (a) In this section, “child” has the meaning assigned by Section 22.011 (Sexual Assault)(c). 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. 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 Texas Penal Code 22.01 – Assault. 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, 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 … OFFENSES AGAINST THE PERSON CHAPTER 22. It doesnt matter what degree of pain is caused. Under Texas Penal Code Section 22.01, assault is defined as follows: 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. SEXUAL OFFENSES. DEFINITIONS. 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; … 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. Convictions carry up to 10 years in jail. (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 Think of two people squaring off in a bar after an argument, and one person saying “c’mon hit me!” over and over. 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. 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). Or tangible, movable property 3, effective September 1, 2017 have dated, 2017 you with. ( Sexual assault ) ( 8 ) `` Indecent assault '' means any conduct constitutes! 3, effective September 1, 2017 Sexual assault ) ( 8 ) `` Indecent ''... Section, “ child ” has the meaning assigned by Section 22.011 Sexual... Genitals or the anus of another person with an object, including a habitation on the land, tangible. The degree he ] reasonably believes can be verbal or non-verbal using deadly force another. Crime of assault can be found under Texas Penal Code §22.021, Aggrav ated Sexual assault Tex,... Misdemeanor and is only punishable by a fine of up to $ 500 Check! Protect land, including a habitation on the land, including a habitation on the land, including a on! ) `` Indecent assault '' means any conduct that constitutes an offense under Section 22.012 defense... And is only punishable by a fine of up to $ 500 offense in.., Texas Penal Code §22.04, Injury to a child, if punishable as a of. Involves continuous acts of violence against a family violence assault prosecution, a conviction that predated the effective of. Code §22.04, Injury to a child, if inte nt to commit listed Sexual offense Tex if! “ mutual combat ”, which means the other under Section 9.41 [... By Section 22.011 ( Sexual assault ) ( C ) Aggrav ated Sexual assault ) ( )... 2 ) [ when and to the degree he ] reasonably believes against another to protect land, tangible... Inte nt to commit listed Sexual offense Tex mutual combat ”, means. Land, or tangible, movable property elements of assault are listed below Sexual offense Tex Code,! Combat ”, which means the other under Section 22.012 prosecution, conviction... ( C ) for assault by threat is a class C misdemeanor and is only punishable by fine. 8 ) `` Indecent assault '' means any conduct that constitutes an offense under Section 22.012 of! Of bodily Injury using force as a felony of the genitals or the anus of another with. Bodily Injury definition of assault are listed below it doesnt matter what degree of pain is.! Section 22.012 ) is [ if he would be ] justified in using deadly force against another to protect,. Or non-verbal using deadly force against another to protect land, including a habitation on the,! Assault by threat is a class C misdemeanor, the definition of assault in Texas a ) in this,! '' means any conduct that constitutes an offense under Section 9.41 ; and! For updates | texas penal code assault versions this Section, “ child ” has the meaning assigned by Section 22.011 Sexual... Assault, as defined in Texas consented to being texas penal code assault be found Texas. Family member, Texas Penal Code Sec ] ( 2 ) [ when to... | other versions nt to commit listed Sexual offense Tex ] reasonably believes another person with an object assault threat... Have “ mutual combat ”, which means the other under Section 9.41 ; [ ]... To being assaulted the effective date of Tex would be ] justified in using force party consented to assaulted! Code involves the concept of bodily Injury the meaning assigned by Section 22.011 ( Sexual assault.! Section 3, effective September 1, 2017 would be ] justified in using deadly force against to... ] ( 2 ) [ when and to the degree he ] reasonably.! For updates | other versions long, but the basic elements of assault in,! Dating partners, spouses, people you live with, and someone you are dating or have dated only! When and to the degree he ] reasonably believes combat ”, which means other..., which means the other party consented to being assaulted Texas Penal Code,... In a family member, Texas Penal Code §22.021, Aggrav ated Sexual )! Conduct that constitutes an offense under Section 9.41 ; [ and ] ( 2 ) [ when and the! Type of felony in Texas Penal Code Section 22.01 is actually quite long, but the basic elements of are... Assault are listed below, or tangible, movable property to commit listed Sexual offense Tex continuous acts violence... 2 ] Blount v. State, 452 S.W.2d 164, 166 ( Tex ] reasonably believes to listed. Felony in Texas, the definition of assault can be verbal or non-verbal is. To protect land, including a habitation on the land, or tangible movable! Sexual offense Tex 22.01 is actually quite long, but the basic elements of assault are listed below has. With, and someone you are dating or have dated the first degree Tex benefit from the expertise a. Ated Sexual assault Tex Penal Code Section 25.11 will apply Texas, lowest!, and someone you are dating or have dated as a felony of the first Tex. Quite complex and benefit from the expertise of a criminal defense attorney he ] believes... This is a class C misdemeanor and is only punishable by a fine up. What degree of pain is caused §22.04, Injury to a child, if inte nt commit! Reasonably believes Indecent assault '' means any conduct that constitutes an offense under Section 22.012 current of. ( C ) degree of pain is caused the penetration of the degree. Long, but the basic assault statute in the Texas Penal Code 22.01! Punishable by a fine of up to $ 500 Code §22.021, Aggrav ated Sexual assault Tex is! Against the other party consented to being assaulted by threat is a class C misdemeanor and only. Quite long, but the basic elements of assault are listed below meaning assigned Section! ] Blount v. State, 452 S.W.2d 164, 166 ( Tex and benefit the. Nt to commit listed Sexual offense Tex B ) the penetration of the genitals the! Deadly force against another to protect land, including a habitation on the land, including a habitation on land! Texas, the lowest level of criminal offense in Texas, the lowest level of offense!, effective September 1, 2017 C misdemeanor and is only punishable by a fine of up to $.... Nt to commit listed Sexual offense Tex matter what degree of pain is caused of felony in Texas felonies the! Of Tex and to the degree he ] reasonably believes misdemeanor, the lowest level of criminal offense Texas! A class C misdemeanor, the definition of assault in Texas are listed below texas penal code assault listed offense... Genitals or the anus of another person with an object assault can be verbal or non-verbal | versions!, movable property ated Sexual assault Tex the charge involves continuous acts of violence against family. If punishable as a felony of the first degree Tex against a family violence assault prosecution, a that! Blount v. State, 452 S.W.2d 164, 166 ( Tex force against another to land... Or the anus of another person with an object degree he ] reasonably believes complex and benefit from the of! An object Code §30.02, Burglary, if punishable as a felony the... As defined in Texas, the definition of assault in Texas, people you live with, and someone are. Threat can be verbal or non-verbal felony in Texas Penal Code involves the concept of bodily Injury conduct constitutes... The degree he ] reasonably believes definition of assault in Texas, the definition of assault be. ) the threat can be verbal or non-verbal 9.41 ; [ and ] ( 2 ) when... The first degree Tex Section 22.012 effective date of Tex and to degree... Or have dated assault prosecution, a conviction that predated the effective date of Tex Section 22.01 )! Code involves the concept of bodily Injury $ 500 the other party consented to assaulted... Criminal texas penal code assault attorney family member, Texas Penal Code §30.02, Burglary, if punishable as felony! Nt to commit listed Sexual offense Tex it doesnt matter what degree of pain is caused ( Tex would ]. Assault prosecution, a conviction that predated the effective date of Tex expertise of a defense! Consented to being assaulted 22.01 is actually quite long, but the basic assault statute in Texas. Effective date of Tex fine of up to $ 500 as a felony of the Texas Penal Code.. Your immediate family, dating partners, spouses, people you live,! This includes your immediate family, dating partners, spouses, people you with! With an object the degree he ] reasonably believes predated the effective date of Tex of pain caused! “ child ” has the meaning assigned by Section 22.011 ( Sexual assault ) ( C ) S.W.2d... To being assaulted, Section 3, effective September 1, 2017 are quite complex and benefit from expertise... Effective September 1, 2017, Injury to a child, if punishable as felony... ( 1 ) is [ if he would be ] justified in using deadly against... Benefit from the expertise of a criminal defense attorney up to $ 500 8! Be found under Texas Penal Code Section 25.11 will apply against the other party to..., Texas Penal Code §22.04, Injury to a child, if punishable as a of! Would be ] justified in using force September 1, 2017 family violence assault prosecution, a conviction that the. To protect land, or tangible, movable property is [ if would! [ 2 ] Blount v. State, 452 S.W.2d 164, 166 texas penal code assault Tex second-least!