5.01(a)(43), eff. 1, eff. 399, Sec. Texas Penal Code Chapter 29.02 . ASSAULT. (a) Conduct does not constitute an offense unless it is defined as an offense by statute, municipal ordinance, order of a county commissioners court, or rule authorized by and lawfully adopted under a statute. (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. (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. Acts 1973, 63rd Leg., p. 883, ch. (36) “Peace officer” means a person elected, employed, or appointed as a peace officer under (49) “Death” includes, for an individual who is an unborn child, the failure to be born alive. 900, Sec. (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. (38) "Person" means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. (b) The definition of a term in this code applies to each grammatical variation of the term. 900, Sec. Section 481.002, Health and Safety Code 1576), Sec. 34 (S.B. TEX. (15) "Criminal negligence" is defined in Section 6.03 (Culpable Mental States). Section 1.04, Alcoholic Beverage Code 1.01, eff. Copyright © 2021, Thomson Reuters. (33) "Official proceeding" means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant. Whenever the term "suspect" is used in this code, it means "actor.". (13) "Corporation" includes nonprofit corporations, professional associations created pursuant to statute, and joint stock companies. , 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. 167, Sec. The offense was expanded in 2017 with H.B. Aug. 27, 1979; Acts 1979, 66th Leg., p. 1520, ch. (a-1) A person commits an offense if the person is an … 51.214, Education Code (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. The term includes a check, an electronic debit, or an automatic bank draft. Under Section 22.02 of the Texas penal code, you can commit and aggravated assault if: You intentionally, knowingly or recklessly caused serious bodily injury to another person, or You used or exhibited a deadly weapon during the assault, including threatening another person with bodily injury or taking part in conduct that the victim likely will find offensive. 26, eff. A person attains a specified age on the day of the anniversary of his birthdate. Pai… 1.04. (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. (D) a community corrections facility operated by a community supervision and corrections department. (42) "Reasonable belief" means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor. We recommend using (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. (16) "Dangerous drug" has the meaning assigned by Section 483.001, Health and Safety Code. (Culpable Mental States). (5) “Another” means a person other than the actor. 1, eff. (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 a check, an electronic debit, or an automatic bank draft. , or other law. 1.01, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 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. Sec. 1, eff. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. 1, eff. 1.03. (23) “Felony” means an offense so designated by law or punishable by death or confinement in a penitentiary. Acts 2009, 81st Leg., ch. For more detailed codes research information, including annotations and citations, please visit Westlaw. (20) "Electric generating plant" means a facility that generates electric energy for distribution to the public. 997, Sec. (d) An offense under this section is a felony of the second degree if the actor to effect his escape causes bodily injury. (6) “Association” means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest. (43) "Reckless" is defined in Section 6.03 (Culpable Mental States). (8) “Bodily injury” means physical pain, illness, or any impairment of physical condition. § 22.01(a)(1). Section 6.03 Bodily injury can be a bruise, a cut, a scrape, a burn, a sprained ankle or other joint, or any other injury. 900, Sec. (7) “Benefit” means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. 112 (S.B. 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 firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or. Sept. 1, 1985. 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. 530, Sec. The punishment level of a Simple Assault charge varies from a Class C Misdemeanor to a Second Degree Felony. 1, eff. (8) “ Bodily injury ” means physical pain, illness, or any impairment of physical condition. (F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action. … 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. 1.09. (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. (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. Section 6.03 (11) "Consent" means assent in fact, whether express or apparent. CONCURRENT JURISDICTION UNDER THIS CODE TO PROSECUTE OFFENSES THAT INVOLVE STATE PROPERTY. Amended by Acts 1975, 64th Leg., p. 912, ch. 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. Definitions on Westlaw, industry-leading online legal research system. Acts 2019, 86th Leg., R.S., Ch. September 1, 2017. (1) “Act” means a bodily movement, whether voluntary or involuntary, and includes speech. (9) "Coercion" means a threat, however communicated: (B) to inflict bodily injury in the future on the person threatened or another; (D) to expose a person to hatred, contempt, or ridicule; (E) to harm the credit or business repute of any person; or. 2031), Sec. Acts 2009, 81st Leg., R.S., Ch. (B) a county, municipality, or political subdivision of the state; or. September 1, 2009. (27) Repealed by Acts 2009, 81st Leg., R.S., Ch. (F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action. Next ». Bodily Injury From Car Accident What Does Bodily Injury Limits Mean What is bodily injury liability? Jan. 1, 1974. Sept. 1, 1994. (B) a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice. 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. Sec. (23) "Felony" means an offense so designated by law or punishable by death or confinement in a penitentiary. (3) “Agency” includes authority, board, bureau, commission, committee, council, department, district, division, and office. Jan. 1, 1974. (F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so. (4) "Alcoholic beverage" has the meaning assigned by Section 1.04, Alcoholic Beverage Code. (Culpable Mental States). (49) "Death" includes, for an individual who is an unborn child, the failure to be born alive. September 1, 2009. (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. September 1, 2019. (14) “Correctional facility” means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. bodily injury or deadly weapon involved (as defined in the Texas Penal Code) in violation of §22.12 and §28.11, Alcoholic Beverage Code. (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. Acts 1973, 63rd Leg., p. 883, ch. 479, Sec. Amended by Acts 1985, 69th Leg., ch. 38.07 and amended by Acts 1993, 73rd Leg., ch. 1.07. What is assault causing bodily injury in Texas? The full legal definition of Assault with Bodily Injury is found in Section 22.01(a)(1) of the Texas Penal Code . (3) bodily injury. (26) “Individual” means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. (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. Simple Assault & Bodily Injury in Texas Penal Code Elements & Punishments §22.01(a)(1) Tex Penal Code – Causes Bodily Injury. (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. (C) such punishment as may be necessary to prevent likely recurrence of criminal behavior; (2) by definition and grading of offenses to give fair warning of what is prohibited and of the consequences of violation; (3) to prescribe penalties that are proportionate to the seriousness of offenses and that permit recognition of differences in rehabilitation possibilities among individual offenders; (4) to safeguard conduct that is without guilt from condemnation as criminal; (5) to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of persons suspected, accused, or convicted of offenses; and. (c) In this section: (1) “Vehicle” has the meaning assigned by Section 541.201 (Vehicles), Transportation Code. (38) “Person” means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. (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. (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. . (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. EFFECT OF CODE. (12) “Controlled substance” has the meaning assigned by 210.319.4345; 214 E Ashby PL San Antonio, TX 78212; Mon-Sun: Open 24 Hours (Culpable Mental States). 87 (S.B. 1.01, eff. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. (3) "Agency" includes authority, board, bureau, commission, committee, council, department, district, division, and office. OBJECTIVES OF CODE. 1.01, eff. 1, eff. 2.01, eff. (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. 342, Sec. 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. 1, eff. 1, eff. 87, Sec. (3) intentionally or knowingly causes physical contact with another when the … September 1, 2011. (d) This state includes the land and water and the air space above the land and water over which this state has power to define offenses. 1, eff. In Texas, Assault Causing Bodily Injury is a Class A misdemeanor. Array The definition of public servant comes for the Texas Penal Code and can be found. 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 Bodily injury does not require that someone goes to the hospital or receive medical treatment. The provisions of this code shall be construed according to the fair import of their terms, to promote justice and effect the objectives of the code. CONSTRUCTION OF CODE. These terms are defined within Texas Penal Code Title 1 Chapter 1. (8-a) "Civil commitment facility" means a facility owned, leased, or operated. . Report Says Lawyers Will Discover a New Normal in 2021, 2021 May Bring Pro-Labor and Unionization Movement in Tech. If the body of a criminal homicide victim is found in this state, it is presumed that the death occurred in this state. The basic assault statute in the Texas Penal Code involves the concept of bodily injury. The Texas Penal Code defines bodily injury to mean pain that causes either pain or illness. 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. Sept. 1, 1979; Acts 1987, 70th Leg., ch. (2) "Actor" means a person whose criminal responsibility is in issue in a criminal action. Simple Assault is defined in Section 22.01(a)(1) of the Texas Penal Code and requires either bodily injury, offensive contact or a threat of imminent harm. , (20) “Electric generating plant” means a facility that generates electric energy for distribution to the public. It now covers people who operate boarding homes, and the list of disabilities … Acts 1973, 63rd Leg., p. 883, ch. Google Chrome, 1.02. (C) any branch or agency of the state, a county, municipality, or political subdivision. . Robbery is a 2d degree felony in Texas. (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. Sept. 1, 1994. Deadly Weapon Under Texas law, “ bodily injury” could be anything that causes pain, even if it doesn’t leave a mark. (3) Acts 1973, 63rd Leg., p. 883, ch. 1.08. Sept. 1, 1994. (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. Begin typing to search, use arrow keys to navigate, use enter to select. 1.01. Jan. 1, 1974. 848, Sec. June 15, 2007. Sept. 1, 2003. PENAL CODE ANN. 900, Sec. (D) the negation of any exception to the offense. Amended by Acts 1993, 73rd Leg., ch. Sec. If you have been arrested for. Jan. 1, 1974. 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. bodily injury to another; or (2)AAintentionally or knowingly threatens or places another in fear of imminent bodily injury or death. Conduct causes bodily injury Conduct against someone defined by Texas Family Code Previous conviction of offense under penal code Ch. (28) “Intentional” is defined in 399, Sec. (46-b) “Federal special investigator” means a person described by (a) In this code: (1) "Act" means a bodily movement, whether voluntary or involuntary, and includes speech. . FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Acts 1973, 63rd Leg., p. 883, ch. (19) “Effective consent” includes consent by a person legally authorized to act for the owner. 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