Title

Penal, Chapter 22 - Assaultive Offenses

Text

CHAPTER 22. ASSAULTIVE OFFENSES

§22.01. Assault.

§22.011. Sexual assault.

§22.012. (Deleted by amendment by L.1993, chap. 900(1.01), eff.

9/1/94.)

§22.015. Coercing, soliciting, or inducing gang membership.

§22.02. Aggravated assault.

§22.021. Aggravated sexual assault.

§22.03. (Deleted by amendment by L.1993, chap. 900(1.01), eff.

9/1/94.)

§22.04. Injury to a child, elderly individual, or disabled

individual.

§22.041. Abandoning or endangering child.

§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.

§22.11. Harassment by persons in certain correctional facilities.

CHAPTER 22. ASSAULTIVE OFFENSES

§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 should reasonably believe that the other will regard the contact as

offensive or provocative.

(b) An 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) a 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; or

(2) a member of the defendant's family or household, if it is shown on the trial

of the offense that the defendant has been previously convicted of an offense against a

member of the defendant's family or household under this section.

(c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except

that an offense under Subsection (a)(3) is a Class A misdemeanor if the offense was

committed against an elderly individual or disabled individual, as those terms are

defined by Section 22.04.

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

person assaulted was a public servant if the person was wearing a distinctive uniform or

badge indicating the person's employment as a public servant.

(e) In this section:

(1) "Family" has the meaning assigned by Section 71.003, Family Code.

(2) "Household" has the meaning assigned by Section 71.005, Family Code.

(f) For the purposes of this section, a defendant has been previously convicted

of an offense against a member of the defendant's family or a member of the defendant's

household under this section if 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.

(Chgd. by L.1989, chap. 739(1-3); L.1991, chaps. 14(284(23-26)), 334(1), 366(1);

L.1993, chap. 900(1.01); L.1995, chaps. 318(5), 659(1); L.1997, chap. 165(27.01),

(31.01(68)); L.1999, chaps. 62(15.02(a)), 1158(1), eff. 9/1/99.)

§22.011. Sexual assault.

(a) A person commits an offense if the person:

(1) intentionally or knowingly:

(A) causes the penetration of the anus or female sexual organ of another person

by any means, without that person's consent;

(B) causes the penetration of the mouth of another person by the sexual organ of

the actor, without that person's consent; or

(C) causes 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) intentionally or knowingly:

(A) causes the penetration of the anus or female sexual organ of a child by any

means;

(B) causes the penetration of the mouth of a child by the sexual organ of the

actor;

(C) causes the sexual organ of a child to contact or penetrate the mouth, anus,

or sexual organ of another person, including the actor;

(D) causes the anus of a child to contact the mouth, anus, or sexual organ of

another person, including the actor; or

(E) causes the mouth of a child to contact the anus or sexual organ of another

person, including the actor.

(b) A sexual assault under Subsection (a)(1) is without the consent of the

other person if:

(1) the actor compels the other person to submit or participate by the use of

physical force or violence;

(2) the actor compels the other person to submit or participate by threatening

to use force or violence against the other person, and the other person believes that the

actor has the present ability to execute the threat;

(3) the other person has not consented and the actor knows the other person is

unconscious or physically unable to resist;

(4) the 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 it;

(5) the other person has not consented and the actor knows the other person is

unaware that the sexual assault is occurring;

(6) the 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) the 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) the actor is a public servant who coerces the other person to submit or

participate;

(9) the 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;

or

(10) the 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.

(c) In this section:

(1) "Child" means a person younger than 17 years of age who is not the spouse of

the actor.

(2) "Spouse" means a person who is legally married to another.

(3) "Health care services provider" means:

(A) a physician licensed under the Medical Practice Act (Article 4495b, Texas

Civil Statutes);

(B) a chiropractor licensed under Chapter 94, Acts of the 51st Legislature,

Regular Session, 1949 (Article 4512b, Texas Civil Statutes);

(C) a licensed vocational nurse licensed under Chapter 118, Acts of the 52nd

Legislature, 1951 (Article 4528c, Texas Civil Statutes);

(D) a physical therapist licensed under Chapter 836, Acts of the 62nd

Legislature, Regular Session, 1971 (Article 4512e, Texas Civil Statutes);

(E) a physician assistant licensed under the Physician Assistant Licensing Act

(Article 4495b-1, Texas Civil Statutes); or

(F) a registered nurse or an advanced practice nurse licensed under Chapter 7,

Title 71, Revised Statutes.

(4) "Mental health services provider" means an individual, licensed or

unlicensed, who performs or purports to perform mental health services, including a:

(A) licensed social worker as defined by Section 50.001, Human Resources Code;

(B) chemical dependency counselor as defined by Section 1, Chapter 635, Acts

of the 72nd Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas Civil

Statutes);

(C) licensed professional counselor as defined by Section 2, Licensed

Professional Counselor Act (Article 4512g, Vernon's Texas Civil Statutes);

(D) licensed marriage and family therapist as defined by Section 2, Licensed

Marriage and Family Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes);

(E) member of the clergy;

(F) psychologist offering psychological services as defined by Section 2,

Psychologists' Licensing Act (Article 4512c, Vernon's Texas Civil Statutes); or

(G) special officer for mental health assignment certified under Section

415.037, Government Code.

(d) It is a defense to prosecution under Subsection (a)(2) that the conduct

consisted of medical care for the child and did not include any contact between the anus

or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third

party.

(e) It is an affirmative defense to prosecution under Subsection (a)(2) that:

(1) the actor was not more than three years older than the victim and at the

time of the offense:

(A) was not required under Chapter 62, Code of Criminal Procedure, as added by

Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, to register for life

as a sex offender; or

(B) was not a person who under Chapter 62 had a reportable conviction or

adjudication for an offense under this section; and

(2) the victim was a child of 14 years of age or older.

(f) An offense under this section is a felony of the second degree.

(g) (Deleted by amendment by L.1993, chap. 900(1.01), eff. 9/1/94.)

(Chgd. by L.1991, chap. 662(1); L.1993, chap. 900(1.01); L.1995, chaps. 273(1),

318(6); L.1997, chaps. 1031(1), (2); 1286(1); L.1999, chaps. 1102(3), 1415(24), eff.

9/1/99.)

§22.012. (Deleted by amendment by L.1993, chap. 900(1.01), eff. 9/1/94.)

§22.015. Coercing, soliciting, or inducing gang membership.

(a) In this section:

(1) "Child" means an individual younger than 17 years of age.

(2) "Criminal street gang" has the meaning assigned by Section 71.01.

(b) A person commits an offense if, with intent to coerce, induce, or solicit a

child to actively participate in the activities of a criminal street gang, the person:

(1) threatens the child with imminent bodily injury; or

(2) causes bodily injury to the child.

(c) An offense under Subsection (b)(1) is a state jail felony. An offense under

Subsection (b)(2) is a felony of the third degree.

(Added by L.1999, chap. 708(1), eff. 9/1/99.)

§22.02. Aggravated assault.

(a) A person commits an offense if the person commits assault as defined in

Section 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.

(b) An offense under this section is a felony of the second degree, except that

the offense is a felony of the first degree if the offense is committed:

(1) by a public servant acting under color of the servant's office or

employment;

(2) against a 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; or

(3) in retaliation against or on account of the service of another as a witness,

prospective witness, informant, or person who has reported the occurrence of a crime.

(c) The actor is presumed to have known the person assaulted was a public

servant if the person was wearing a distinctive uniform or badge indicating the person's

employment as a public servant.

(Chgd. by L.1989, chap. 939(1-3); L.1991, chaps. 334(2), 903(1); L.1993, chap.

900(1.01), eff. 9/1/94.)

§22.021. Aggravated sexual assault.

(a) A person commits an offense:

(1) if the person:

(A) intentionally or knowingly:

(i) causes the penetration of the anus or female sexual organ of another person

by any means, without that person's consent;

(ii) causes the penetration of the mouth of another person by the sexual organ

of the actor, without that person's consent; or

(iii) causes 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

(B) intentionally or knowingly:

(i) causes the penetration of the anus or female sexual organ of a child by any

means;

(ii) causes the penetration of the mouth of a child by the sexual organ of the

actor;

(iii) causes the sexual organ of a child to contact or penetrate the mouth,

anus, or sexual organ of another person, including the actor;

(iv) causes the anus of a child to contact the mouth, anus, or sexual organ of

another person, including the actor; or

(v) causes the mouth of a child to contact the anus or sexual organ of another

person, including the actor; and

(2) if:

(A) the person:

(i) causes serious bodily injury or attempts to cause the death of the victim or

another person in the course of the same criminal episode;

(ii) by acts or words places the victim in fear that death, serious bodily

injury, or kidnapping will be imminently inflicted on any person;

(iii) by acts or words occurring in the presence of the victim threatens to

cause the death, serious bodily injury, or kidnapping of any person;

(iv) uses or exhibits a deadly weapon in the course of the same criminal

episode;

(v) acts in concert with another who engages in conduct described by Subdivision

(1) directed toward the same victim and occurring during the course of the same criminal

episode; or

(vi) administers or provides flunitrazepam, otherwise known as rohypnol, or

gamma hydroxybutyrate to the victim of the offense with the intent of facilitating the

commission of the offense;

(B) the victim is younger than 14 years of age; or

(C) the victim is 65 years of age or older.

(b) In this section, "child" has the meaning assigned that term by Section

22.011(c).

(c) 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(b).

(d) The defense provided by Section 22.011(d) applies to this section.

(e) An offense under this section is a felony of the first degree.

(Chgd. by L.1993, chap. 900(1.01); L.1995, chap. 318(7); L.1997, chap. 1286(2);

L.1999, chap. 417(1), eff. 9/1/99.)

§22.03. (Deleted by amendment by L.1993, chap. 900(1.01), eff. 9/1/94.)

§22.04. Injury to a child, elderly individual, or disabled individual.

(a) A person commits an offense if he intentionally, knowingly, recklessly, or

with criminal negligence, by act or intentionally, knowin

(2) serious mental deficiency, impairment, or injury; or

(3) bodily injury.

(b) An omission that causes a condition described by Subsections (a)(1) through

(a)(3) is conduct constituting an offense under this section if:

(1) the actor has a legal or statutory duty to act; or

(2) the actor has assumed care, custody, or control of a child, elderly

individual, or disabled individual.

(c) In this section:

(1) "Child" means a person 14 years of age or younger.

(2) "Elderly individual" means a person 65 years of age or older.

(3) "Disabled individual" means a person older than 14 years of age who by

reason of age or physical or mental disease, defect, or injury is substantially unable to

protect himself from harm or to provide food, shelter, or medical care for himself.

(d) The actor has assumed care, custody, or control if he has by act, words, or

course of conduct acted so as to cause a reasonable person to conclude that he has

accepted responsibility for protection, food, shelter, and medical care for a child,

elderly individual, or disabled individual.

(e) An offense under Subsection (a)(1) or (2) is a felony of the first degree

when the conduct is committed intentionally or knowingly. When the conduct is engaged in

recklessly it shall be a felony of the second degree.

(f) An offense under Subsection (a)(3) is a felony of the third degree when the

conduct is committed intentionally or knowingly. When the conduct is engaged in

recklessly it shall be a state jail felony.

(g) An offense under Subsection (a) when the person acts with criminal

negligence shall be a state jail felony.

(h) A person who is subject to prosecution under both this section and another

section of this code may be prosecuted under either or both sections. Section 3.04 does

not apply to criminal episodes prosecuted under both this section and another section of

this code. If a criminal episode is prosecuted under both this section and another

section of this code and sentences are assessed for convictions under both sections, the

sentences shall run concurrently.

(i) It is an affirmative defense to prosecution under Subsection (b)(2) that

before the offense the actor:

(1) notified in person the child, elderly individual, or disabled individual

that he would no longer provide any of the care described by Subsection (d); and

(2) notified in writing the parents or person other than himself acting in loco

parentis to the child, elderly individual, or disabled individual that he would no longer

provide any of the care described by Subsection (d); or

(3) notified in writing the Department of Protective and Regulatory Services

that he would no longer provide any of the care set forth in Subsection (d).

(j) Written notification under Subsection (i)(2) or (i)(3) is not effective

unless it contains the name and address of the actor, the name and address of the child,

elderly individual, or disabled individual, the type of care provided by the actor, and

the date the care was discontinued.

(k)(1) It is a defense to prosecution under this section that the act or

omission consisted of:

(A) reasonable medical care occurring under the direction of or by a licensed

physician; or

(B) emergency medical care administered in good faith and with reasonable care

by a person not licensed in the healing arts.

(2) It is an affirmative defense to prosecution under this section that the act

or omission was based on treatment in accordance with the tenets and practices of a

recognized religious method of healing with a generally accepted record of efficacy. It

is an affirmative defense to prosecution for a person charged with an act of omission

under this section causing to a child, elderly individual, or disabled individual a

condition described by Subsection (a)(1), (2), or (3) that:

(A) there is no evidence that, on the date prior to the offense charged, the

defendant was aware of an incident of injury to the child, elderly individual, or

disabled individual and failed to report the incident; and

(B) the person:

(i) was a victim of family violence, as that term is defined by Section 71.004,

Family Code, committed by a person who is also charged with an offense against the

child, elderly individual, or disabled individual under this section or any other section

of this title;

(ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and

(iii) did not reasonably believe at the time of the omission that an effort to

prevent the person also charged with an offense against the child, elderly individual, or

disabled individual from committing the offense would have an effect.

(Chgd. by L.1989, chap. 357(1); L.1991, chap. 497(1); L.1993, chap. 900(1.01);

L.1995, chap. 76(8.139); L.1999, chap. 62(15.02(b)), eff. 9/1/99.)

§22.041. Abandoning or endangering child.

(a) In this section, "abandon" means to leave a child in any place without

providing reasonable and necessary care for the child, under circumstances under which no

reasonable, similarly situated adult would leave a child of that age and ability.

(b) A person commits an offense if, having custody, care, or control of a child

younger than 15 years, he intentionally abandons the child in any place under

circumstances that expose the child to an unreasonable risk of harm.

(c) A person commits an offense if he intentionally, knowingly, recklessly, or

with criminal negligence, by act or omission, engages in conduct that places a child

younger than 15 years in imminent danger of death, bodily injury, or physical or mental

impairment.

(d) Except as provided by Subsection (e), an offense under Subsection (b) is:

(1) a state jail felony if the actor abandoned the child with intent to return

for the child; or

(2) a felony of the third degree if the actor abandoned the child without intent

to return for the child.

(e) An offense under Subsection (b) is a felony of the second degree if the

actor abandons the child under circumstances that a reasonable person would believe would

place the child in imminent danger of death, bodily injury, or physical or mental

impairment.

(f) An offense under Subsection (c) is a state jail felony.

(g) It is a defense to prosecution under Subsection (c) that the act or

omission enables the child to practice for or participate in an organized athletic event

and that appropriate safety equipment and procedures are employed in the event.

(h) It is an affirmative defense to prosecution under Subsection (b) that the

actor voluntarily delivered the child to an emergency medical services provider under

Section 262.301, Family Code.

(Chgd. by L.1989, chap. 904(1); L.1993, chap. 900(1.01); L.1997, chap. 687(1);

L.1999, chap. 1087(3), eff. 9/1/99.)

§22.05. Deadly conduct.

(a) A person commits an offense if he recklessly engages in conduct that places

another in imminent danger of serious bodily injury.

(b) A person commits an offense if he knowingly discharges a firearm at or in

the direction of:

(1) one or more individuals; or

(2) a habitation, building, or vehicle and is reckless as to whether the

habitation, building, or vehicle is occupied.

(c) Recklessness and danger are presumed if the actor knowingly pointed a

firearm at or in the direction of another whether or not the actor believed the firearm

to be loaded.

(d) For purposes of this section, "building," "habitation," and "vehicle" have

the meanings assigned those terms by Section 30.01.

(e) An offense under Subsection (a) is a Class A misdemeanor. An offense under

Subsection (b) is a felony of the third degree.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

§22.06. Consent as defense to assaultive conduct.

The victim's effective consent or the actor's reasonable belief that the victim

consented to the actor's conduct is a defense to prosecution under Section 22.01

(Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if:

(1) the conduct did not threaten or inflict serious bodily injury; or

(2) the victim knew the conduct was a risk of:

(A) his occupation;

(B) recognized medical treatment; or

(C) a scientific experiment conducted by recognized methods.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

§22.07. Terroristic threat.

(a) A person commits an offense if he threatens to commit any offense involving

violence to any person or property with intent to:

(1) cause a reaction of any type to his threat by an official or volunteer

agency organized to deal with emergencies;

(2) place any person in fear of imminent serious bodily injury; or

(3) prevent or interrupt the occupation or use of a building; room; place of

assembly; place to which the public has access; place of employment or occupation;

aircraft, automobile, or other form of conveyance; or other public place; or

(4) cause impairment or interruption of public communications, public

transportation, public water, gas, or power supply or other public service.

(b) An offense under Subdivision (1) or (2) of Subsection (a) is a Class B

misdemeanor. An offense under Subdivision (3) of Subsection (a) is a Class A

misdemeanor. An offense under Subdivision (4) of Subsection (a) is a felony of the third

degree.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

§22.08. Aiding suicide.

(a) A person commits an offense if, with intent to promote or assist the

commission of suicide by another, he aids or attempts to aid the other to commit or

attempt to commit suicide.

(b) An offense under this section is a Class C misdemeanor unless the actor's

conduct causes suicide or attempted suicide that results in serious bodily injury, in

which event the offense is a state jail felony.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

§22.09. Tampering with consumer product.

(a) In this section:

(1) "Consumer Product" means any product offered for sale to or for consumption

by the public and includes "food" and "drugs" as those terms are defined in Section

431.002, Health and Safety Code.

(2) "Tamper" means to alter or add a foreign substance to a consumer product to

make it probable that the consumer product will cause serious bodily injury.

(b) A person commits an offense if he knowingly or intentionally tampers with a

consumer product knowing that the consumer product will be offered for sale to the public

or as a gift to another.

(c) A person commits an offense if he knowingly or intentionally threatens to

tamper with a consumer product with the intent to cause fear, to affect the sale of the

consumer product, or to cause bodily injury to any person.

(d) An offense under Subsection (b) is a felony of the second degree unless a

person suffers serious bodily injury, in which event it is a felony of the first degree.

An offense under Subsection (c) is a felony of the third degree.

(Chgd. by L.1989, chap. 1008(1); L.1991, chap. 14(284(32)); L.1993, chap. 900(1.01),

eff. 9/1/94.)

§22.10. Leaving a child in a vehicle.

(a) A person commits an offense if he intentionally or knowingly leaves a child

in a motor vehicle for longer than five minutes, knowing that the child is:

(1) younger than seven years of age; and

(2) not attended by an individual in the vehicle who is 14 years of age or

older.

(b) An offense under this section is a Class C misdemeanor.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

§22.11. Harassment by persons in certain correctional facilities.

(a) A person commits an offense if the person, while imprisoned or confined in a

secure correctional facility or a facility operated by or under contract with the Texas

Youth Commission and with intent to harass, alarm, or annoy another person, causes the

other person to contact the blood, seminal fluid, urine, or feces of the actor or any

other person.

(b) An offense under this section is a felony of the third degree.

(c) If conduct constituting an offense under this section also constitutes an