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    Sec. 22.01. ASSAULT - Texas Penal Code

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    Divine RaNu
    This document summarizes sections of the Texas Penal Code related to assault. It defines three types of assault: (1) causing bodily injury, (2) threatening imminent bodily injury, and (3) offensive physical contact. Assault type (1) is generally a Class A misdemeanor, but can be a 3rd degree felony if committed against certain protected groups. Assault types (2) and (3) are Class C misdemeanors, except in specific circumstances. The document provides additional details on assault classifications, definitions of terms, and scope.

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    Sec. 22.01. ASSAULT - Texas Penal Code

    Uploaded by

    Divine RaNu
    82 views13 pages
    This document summarizes sections of the Texas Penal Code related to assault. It defines three types of assault: (1) causing bodily injury, (2) threatening imminent bodily injury, and (3) offensive physical contact. Assault type (1) is generally a Class A misdemeanor, but can be a 3rd degree felony if committed against certain protected groups. Assault types (2) and (3) are Class C misdemeanors, except in specific circumstances. The document provides additional details on assault classifications, definitions of terms, and scope.

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    This document summarizes sections of the Texas Penal Code related to assault. It defines three types of assault: (1) causing bodily injury, (2) threatening imminent bodily injury, and (3) offensive physical contact. Assault type (1) is generally a Class A misdemeanor, but can be a 3rd degree felony if committed against certain protected groups. Assault types (2) and (3) are Class C misdemeanors, except in specific circumstances. The document provides additional details on assault classifications, definitions of terms, and scope.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    82 views13 pages

    Sec. 22.01. ASSAULT - Texas Penal Code

    Uploaded by

    Divine RaNu
    This document summarizes sections of the Texas Penal Code related to assault. It defines three types of assault: (1) causing bodily injury, (2) threatening imminent bodily injury, and (3) offensive physical contact. Assault type (1) is generally a Class A misdemeanor, but can be a 3rd degree felony if committed against certain protected groups. Assault types (2) and (3) are Class C misdemeanors, except in specific circumstances. The document provides additional details on assault classifications, definitions of terms, and scope.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 13

    TEXAS

    PENAL
    CODE

    Home » Sec. 22.01. ASSAULT

    Sec. 22.01. ASSAULT

    (a) A person commits an o!ense 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 should reasonably
    believe that the other will regard the contact as o!ensive or
    provocative.
    :
    (b) An o!ense under Subsection (a)(1) is a Class A misdemeanor,
    except that the o!ense is a felony of the third degree if the
    o!ense is committed against:

    (1) a person the actor knows is a public servant while the


    public servant is lawfully discharging an o"cial duty, or in
    retaliation or on account of an exercise of o"cial power or
    performance of an o"cial duty as a public servant;

    (2) a person whose relationship to or association with the


    defendant is described by Section 71.0021(b), 71.003, or
    71.005, Family Code, if:

    (A) it is shown on the trial of the o!ense that the


    defendant has been previously convicted of an o!ense
    under this chapter, Chapter 19, or Section 20.03, 20.04,
    21.11, or 25.11 against a person whose relationship to or
    association with the defendant is described by Section
    71.0021(b), 71.003, or 71.005, Family Code; or

    (B) the o!ense 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 de#ned 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

    (B) in retaliation for or on account of the person’s or


    employee’s performance of a service within the scope of
    the contract;

    (4) a person the actor knows is a security o"cer while the


    o"cer is performing a duty as a security o"cer;

    (5) a person the actor knows is emergency services


    personnel while the person is providing emergency services;
    :
    (6) a pregnant individual to force the individual to have an
    abortion; or

    (7) a person the actor knows is pregnant at the time of the


    o!ense.

    (b-1) Notwithstanding Subsection (b), an o!ense under


    Subsection (a)(1) is a felony of the third degree if the
    o!ense is committed:

    (1) while the actor is committed to a civil


    commitment facility; and

    (2) against:

    (A) an o"cer or employee of the Texas Civil


    Commitment O"ce:

    (i) while the o"cer or employee is


    lawfully discharging an o"cial duty at a
    civil commitment facility; or

    (ii) in retaliation for or on account of an


    :
    exercise of o"cial power or performance
    of an o"cial duty by the o"cer or
    employee; or

    (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

    (ii) in retaliation for or on account of the


    person’s or employee’s performance of a
    service within the scope of the contract.

    (b-2) Notwithstanding Subsection (b)(1), an o!ense


    under Subsection (a)(1) is a felony of the second degree
    if the o!ense is committed against a person the actor
    knows is a peace o"cer or judge while the o"cer or
    :
    judge is lawfully discharging an o"cial duty or in
    retaliation or on account of an exercise of o"cial
    power or performance of an o"cial duty as a peace
    o"cer or judge.

    (b-3) Notwithstanding Subsection (b)(2), an o!ense


    under Subsection (a)(1) is a felony of the second degree
    if:

    (1) the o!ense is committed against 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) it is shown on the trial of the o!ense that the


    defendant has been previously convicted of an
    o!ense 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 by Section 71.0021(b), 71.003, or 71.005,
    Family Code; and

    (3) the o!ense 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.

    (c) An o!ense under Subsection (a)(2) or (3) is a Class C


    misdemeanor, except that the o!ense is:

    (1) a Class A misdemeanor if the o!ense is committed


    under Subsection (a)(3) against an elderly individual or
    disabled individual, as those terms are de#ned by Section
    22.04;

    (2) a Class B misdemeanor if the o!ense is committed by a


    person who is not a sports 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 capacity as a sports
    participant; or

    (B) in retaliation for or on account of the participant’s


    performance of a duty or responsibility within the
    :
    participant’s capacity as a sports participant; or

    (3) a Class A misdemeanor if the o!ense is committed


    against a pregnant individual to force the individual to have
    an abortion.

    (d) For purposes of Subsection (b), the actor is presumed to have


    known the person assaulted was a public servant, a security
    o"cer, 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 o"cer or
    emergency services personnel.

    (e) In this section:

    (1) “Emergency services personnel” includes #re#ghters,


    emergency medical services personnel as de#ned 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 bene#t of the general public during emergency
    situations.
    :
    (2) Repealed by Acts 2005, 79th Leg., R.S., Ch. 788 (S.B. 91),
    Sec. 6, e!. September 1, 2005.

    (3) “Security o"cer” means a commissioned security o"cer


    as de#ned by Section 1702.002, Occupations Code, or a
    noncommissioned security o"cer registered under Section
    1702.221, Occupations Code.

    (4) “Sports participant” means a person who participates in


    any o"cial 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 sta!
    member.

    (f) For the purposes of Subsections (b)(2)(A) and (b-3)(2):

    (1) a defendant has been previously convicted of an o!ense


    listed in those subsections committed against a person
    whose relationship to or association with the defendant is
    described by Section 71.0021(b), 71.003, or 71.005, Family
    Code, if the defendant was adjudged guilty of the o!ense or
    entered a plea of guilty or nolo contendere in return for a
    :
    grant of deferred adjudication, regardless of whether the
    sentence for the o!ense was ever imposed or whether the
    sentence was probated and the defendant was subsequently
    discharged from community supervision; and

    (2) a conviction under the laws of another state for an


    o!ense containing elements that are substantially similar to
    the elements of an o!ense listed in those subsections is a
    conviction of the o!ense listed.

    (g) If conduct constituting an o!ense under this section also


    constitutes an o!ense under another section of this code, the
    actor may be prosecuted under either section or both sections.

    Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, e!. Jan. 1, 1974.
    Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 2, Sec. 12, 13,
    e!. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. 135, Sec. 1, 2, e!.
    Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. 164, Sec. 2, e!.
    Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. 977, Sec. 1, e!.
    Sept. 1, 1983; Acts 1987, 70th Leg., ch. 1052, Sec. 2.08, e!. Sept. 1,
    1987; Acts 1989, 71st Leg., ch. 739, Sec. 1 to 3, e!. Sept. 1, 1989;
    Acts 1991, 72nd Leg., ch. 14, Sec. 284(23) to (26), e!. Sept. 1, 1991;
    :
    Acts 1991, 72nd Leg., ch. 334, Sec. 1, e!. Sept. 1, 1991; Acts 1991,
    72nd Leg., ch. 366, Sec. 1, e!. Sept. 1, 1991; Acts 1993, 73rd Leg.,
    ch. 900, Sec. 1.01, e!. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 165,
    Sec. 27.01, e!. Sept. 1, 1997; Acts 1995, 74th Leg., ch. 318, Sec. 5,
    e!. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 659, Sec. 1, e!. Sept. 1,
    1995; Acts 1997, 75th Leg., ch. 165, Sec. 27.01, 31.01(68), e!. Sept. 1,
    1997; Acts 1999, 76th Leg., ch. 62, Sec. 15.02(a), e!. Sept. 1, 1999;
    Acts 1999, 76th Leg., ch. 1158, Sec. 1, e!. Sept. 1, 1999; Acts 2003,
    78th Leg., ch. 294, Sec. 1, e!. Sept. 1, 2003; Acts 2003, 78th Leg.,
    ch. 1019, Sec. 1, 2, e!. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1028,
    Sec. 1, e!. Sept. 1, 2003.

    Amended by:

    Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 16.002, e!.
    September 1, 2005.

    Acts 2005, 79th Leg., Ch. 788 (S.B. 91), Sec. 1, e!. September 1,
    2005.

    Acts 2005, 79th Leg., Ch. 788 (S.B. 91), Sec. 2, e!. September 1,
    2005.
    :
    Acts 2005, 79th Leg., Ch. 788 (S.B. 91), Sec. 6, e!. September 1,
    2005.

    Acts 2007, 80th Leg., R.S., Ch. 623 (H.B. 495), Sec. 1, e!.
    September 1, 2007.

    Acts 2007, 80th Leg., R.S., Ch. 623 (H.B. 495), Sec. 2, e!.
    September 1, 2007.

    Acts 2009, 81st Leg., R.S., Ch. 427 (H.B. 2066), Sec. 1, e!.
    September 1, 2009.

    Acts 2009, 81st Leg., R.S., Ch. 665 (H.B. 2240), Sec. 2, e!.
    September 1, 2009.

    Acts 2013, 83rd Leg., R.S., Ch. 875 (H.B. 705), Sec. 1, e!.
    September 1, 2013.

    Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 27, e!.
    September 1, 2017.

    Acts 2017, 85th Leg., R.S., Ch. 440 (H.B. 2908), Sec. 3, e!.
    September 1, 2017.
    :
    Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 18, e!.
    September 1, 2017.

    Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(39),
    e!. September 1, 2019.

    Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.002(14),
    e!. September 1, 2019.

    Acts 2019, 86th Leg., R.S., Ch. 751 (H.B. 902), Sec. 1, e!.
    September 1, 2019.

    Sec. 22.011 | Sec. 22.012 | Sec. 22.02 | Sec. 22.021 | Sec. 22.04 | Sec.
    22.041 | Sec. 22.05 | Sec. 22.06 | Sec. 22.07 | Sec. 22.08 | Sec. 22.09 |
    Sec. 22.10 | Sec. 22.11 | Sec. 22.12
    :

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