PENAL CODE CHAPTER 22. ASSAULTIVE OFFENSES - Texas

PENAL CODE TITLE 5. OFFENSES AGAINST THE PERSON

CHAPTER 22. ASSAULTIVE OFFENSES

Sec.A22.01.AAASSAULT. (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, including the person 's spouse; or

(3)AAintentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

(b)AAAn offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against:

(1)AAa person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;

(2)AAa 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)AAit is shown on the trial of the offense that the defendant has been previously convicted of an offense 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)AAthe 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;

(3)AAa person who contracts with government to perform a service in a facility as defined by Section 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an employee of

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that person: (A)AAwhile 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)AAin retaliation for or on account of the person 's or employee 's performance of a service within the scope of the contract;

(4)AAa person the actor knows is a security officer while the officer is performing a duty as a security officer;

(5)AAa person the actor knows is emergency services personnel while the person is providing emergency services;

(6)AAa person the actor knows is a process server while the person is performing a duty as a process server;

(7)AAa pregnant individual to force the individual to have an abortion; or

(8)AAa person the actor knows is pregnant at the time of the offense.

(b-1)AANotwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony of the third degree if the offense is committed:

(1)AAwhile the actor is committed to a civil commitment facility; and

(2)AAagainst: (A)AAan officer or employee of the Texas Civil

Commitment Office: (i)AAwhile the officer or employee is

lawfully discharging an official duty at a civil commitment facility; or

(ii)AAin retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or

(B)AAa person who contracts with the state to perform a service in a civil commitment facility or an employee of that person:

(i)AAwhile the person or employee is engaged in performing a service within the scope of the contract, if the

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actor knows the person or employee is authorized by the state to provide the service; or

(ii)AAin retaliation for or on account of the person 's or employee 's performance of a service within the scope of the contract.

(b-2)AANotwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony of the second degree if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a peace officer or judge.

(b-3)AANotwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if:

(1)AAthe offense 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)AAit is shown on the trial of the offense that the defendant has been previously convicted of an offense 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)AAthe 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.

(c)AAAn offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the offense is:

(1)AAa 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;

(2)AAa Class B misdemeanor if the offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant either:

(A)AAwhile the participant is performing duties or responsibilities in the participant 's capacity as a sports

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participant; or

(B)AAin 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)AAa Class A misdemeanor if the offense is committed

against a pregnant individual to force the individual to have an

abortion.

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

have known the person assaulted was a public servant, a security

officer, 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 officer or emergency

services personnel.

(e)AAIn this section:

(1)AA"Emergency

services

personnel"

includes

firefighters, emergency medical services personnel as defined by

Section 773.003, Health and Safety Code, emergency

roomAApersonnel, and other individuals who, in the course and scope

of employment or as a volunteer, provide services for the benefit of

the general public during emergency situations.

(2)AA"Process server" has the meaning assigned by

Section 156.001, Government Code.

(3)AA"Security officer" means a commissioned security

officer as defined by Section 1702.002, Occupations Code, or a

noncommissioned security officer registered under Section

1702.221, Occupations Code.

(4)AA"Sports participant" means a person who

participates in any official 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

staff member.

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

(1)AAa defendant has been previously convicted of an

offense 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

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the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; and

(2)AAa conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense listed in those subsections is a conviction of the offense listed.

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

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

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

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September 1, 2005. Acts 2005, 79th Leg., Ch. 788 (S.B. 91), Sec. 2, eff.

September 1, 2005. Acts 2005, 79th Leg., Ch. 788 (S.B. 91), Sec. 6, eff.

September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 623 (H.B. 495), Sec. 1, eff.

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

September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 427 (H.B. 2066), Sec. 1, eff.

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

September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 875 (H.B. 705), Sec. 1, eff.

September 1, 2013. Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 27, eff.

September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 440 (H.B. 2908), Sec. 3, eff.

September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 18, eff.

September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec.

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

21.002(14), eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 751 (H.B. 902), Sec. 1, eff.

September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 461 (H.B. 1306), Sec. 1, eff.

September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 461 (H.B. 1306), Sec. 2, eff.

September 1, 2021.

Sec.A22.011.AASEXUAL ASSAULT. (a)AAA person commits an offense if:

(1)AAthe person intentionally or knowingly: (A)AAcauses the penetration of the anus or sexual

organ of another person by any means, without that person 's

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consent; (B)AAcauses the penetration of the mouth of

another person by the sexual organ of the actor, without that person 's consent; or

(C)AAcauses the sexual organ of another person, without that person 's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(2)AAregardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly:

(A)AAcauses the penetration of the anus or sexual organ of a child by any means;

(B)AAcauses the penetration of the mouth of a child by the sexual organ of the actor;

(C)AAcauses the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(D)AAcauses the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

(E)AAcauses the mouth of a child to contact the anus or sexual organ of another person, including the actor.

(b)AAA sexual assault under Subsection (a)(1) is without the consent of the other person if:

(1)AAthe actor compels the other person to submit or participate by the use of physical force, violence, or coercion;

(2)AAthe actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to the other person, and the other person believes that the actor has the present ability to execute the threat;

(3)AAthe other person has not consented and the actor knows the other person is unconscious or physically unable to resist;

(4)AAthe actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting

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it; (5)AAthe other person has not consented and the actor

knows the other person is unaware that the sexual assault is occurring;

(6)AAthe actor has intentionally impaired the other person 's power to appraise or control the other person 's conduct by administering any substance without the other person 's knowledge;

(7)AAthe actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;

(8)AAthe actor is a public servant who coerces the other person to submit or participate;

(9)AAthe actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person 's emotional dependency on the actor;

(10)AAthe actor is a clergyman who causes the other person to submit or participate by exploiting the other person 's emotional dependency on the clergyman in the clergyman 's professional character as spiritual adviser;

(11)AAthe actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code;

(12)AAthe actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor;

(13)AAthe actor is a coach or tutor who causes the other person to submit or participate by using the actor 's power or influence to exploit the other person 's dependency on the actor; or

(14)AAthe actor is a caregiver hired to assist the other person with activities of daily life and causes the other person to submit or participate by exploiting the other person 's dependency on the actor.

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