John T. Floyd Law Firm
Board Certified Houston Criminal Lawyer
“Serious Criminal Defense Throughout Texas”
Board Certified Criminal Law Specialist
Experienced Criminal Trial Lawyer
Federal And State Criminal Defense
Phone # (713) 224-0101
Toll Free 1-866-374-1327
E-mail jfloyd@JohnTFloyd.com
Top Lawyers: Criminal Defense - 2008, 2009, 2010 HTexas
PENAL CODE 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;
(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; or
Text of subsec. (b)(3) as added by Acts 2003, 78th Leg., ch. 294, § 1
(3) a person who contracts with government to perform
a service in a facility as defined by Section 1.07(a)(14), Penal
Code; Section 51.02(13), Family Code; or Section 51.02(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.
Text of subsec. (b)(3) as added by Acts 2003, 78th Leg., ch. 1019, § 1
(3) a person the actor knows is a security officer
while the officer is performing a duty as a security officer.
(c) An offense under Subsection (a)(2) or (3) is a Class C
misdemeanor, except that the offense is:
(1) a 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; or
(2) a 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) 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.
(d) For purposes of Subsection (b), the actor is presumed to
have known the person assaulted was a public servant or a security
officer 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.
(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.
Text of subsec. (e)(3) as added by Acts 2003, 78th Leg., ch. 1019, § 2
(3) "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.
Text of subsec. (e)(3) as added by Acts 2003, 78th Leg., ch. 1028, § 1
(3) "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) 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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 2, § 12, 13,
eff. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. 135, § 1,
2, eff. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. 164, §
2, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. 977, §
1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 1052, § 2.08,
eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 739, § 1 to 3, eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 14, § 284(23) to (26),
eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 334, § 1, eff.
Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 366, § 1, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
Acts 1997, 75th Leg., ch. 165, § 27.01, eff. Sept. 1, 1997; Acts
1995, 74th Leg., ch. 318, § 5, eff. Sept. 1, 1995; Acts 1995,
74th Leg., ch. 659, § 1, eff. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 165, § 27.01, 31.01(68), eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 62, § 15.02(a), eff. Sept. 1, 1999; Acts
1999, 76th Leg., ch. 1158, § 1, eff. Sept. 1, 1999; Acts 2003,
78th Leg., ch. 294, § 1, eff. Sept. 1, 2003; Acts 2003, 78th
Leg., ch. 1019, § 1, 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg.,
ch. 1028, § 1, eff. Sept. 1, 2003.
§ 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 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 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;
(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; or
(11) the 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.
(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.
Text of subsec. (c)(3) effective until February 1, 2004
(3) "Health care services provider" means:
(A) a physician licensed under Subtitle B, Title
3, Occupations Code;
(B) a chiropractor licensed under Chapter 201,
Occupations Code;
(C) a licensed vocational nurse licensed under
Chapter 302, Occupations Code;
(D) a physical therapist licensed under Chapter
453, Occupations Code;
(E) a physician assistant licensed under Chapter
204, Occupations Code; or
(F) a registered nurse or an advanced practice
nurse licensed under Chapter 301, Occupations Code.
Text of subsec. (c)(3) effective February 1, 2004
(3) "Health care services provider" means:
(A) a physician licensed under Subtitle B, Title
3, Occupations Code;
(B) a chiropractor licensed under Chapter 201,
Occupations Code;
(C) a physical therapist licensed under Chapter
453, Occupations Code;
(D) a physician assistant licensed under Chapter
204, Occupations Code; or
(E) a registered nurse, a vocational nurse, or an
advanced practice nurse licensed under Chapter 301, Occupations
Code.
(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
505.002, Occupations Code;
(B) chemical dependency counselor as defined by
Section 504.001, Occupations Code;
(C) licensed professional counselor as defined
by Section 503.002, Occupations Code;
(D) licensed marriage and family therapist as
defined by Section 502.002, Occupations Code;
(E) member of the clergy;
(F) psychologist offering psychological services
as defined by Section 501.003, Occupations Code; or
(G) special officer for mental health assignment
certified under Section 1701.404, Occupations Code.
(5) "Employee of a facility" means a person who is an
employee of a facility defined by Section 250.001, Health and
Safety Code, or any other person who provides services for a
facility for compensation, including a contract laborer.
(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.
Added by Acts 1983, 68th Leg., p. 5312, ch. 977, § 3, eff. Sept.
1, 1983. Amended by Acts 1985, 69th Leg., ch. 557, § 1, eff.
Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1029, § 1, eff. Sept. 1,
1987; Acts 1991, 72nd Leg., ch. 662, § 1, eff. Sept. 1, 1991;
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts
1995, 74th Leg., ch. 273, § 1, eff. Sept. 1, 1995; Acts 1995,
74th Leg., ch. 318, § 6, eff. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 1031, § 1, 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg.,
ch. 1286, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch.
1102, § 3, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1415,
§ 24, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, §
14.829, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 155, § 1,
2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 528, § 1, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 553, § 2.017, eff. Feb.
1, 2004.
§ 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 Acts 1999, 76th Leg., ch. 708, § 1, eff. Sept. 1, 1999.
§ 22.02. AGGRAVATED ASSAULT. (a) A person commits an
offense if the person commits assault as defined in § 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;
(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; or
(4) against a person the actor knows is a security
officer while the officer is performing a duty as a security
officer.
(c) The actor is presumed to have known the person assaulted
was a public servant or a security officer 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.
(d) In this section, "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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1979, 66th Leg., p. 367, ch. 164, § 2, eff. Sept.
1, 1979; Acts 1979, 66th Leg., p. 1521, ch. 655, § 2, eff. Sept.
1, 1979; Acts 1983, 68th Leg., p. 349, ch. 79, § 1, eff. Sept. 1,
1983; Acts 1983, 68th Leg., p. 5311, ch. 977, § 2, eff. Sept. 1,
1983; Acts 1985, 69th Leg., ch. 223, § 1, eff. Sept. 1, 1985;
Acts 1987, 70th Leg., ch. 18, § 3, eff. April 14, 1987; Acts
1987, 70th Leg., ch. 1101, § 12, eff. Sept. 1, 1987; Acts 1989,
71st Leg., ch. 939, § 1 to 3, eff. Sept. 1, 1989; Acts 1991, 72nd
Leg., ch. 334, § 2, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch.
903, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, §
1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1019, § 3,
eff. Sept. 1, 2003.
§ 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
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
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, gamma hydroxybutyrate,
or ketamine 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 an elderly individual or a
disabled individual.
(b) In this section:
(1) "Child" has the meaning assigned by Section
22.011(c).
(2) ""Elderly individual" and "disabled individual"
have the meanings assigned by Section 22.04(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.
Added by Acts 1983, 68th Leg., p. 5312, ch. 977, § 3, eff. Sept.
1, 1983. Amended by Acts 1987, 70th Leg., ch. 573, § 1, eff.
Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 16, § 1, eff.
Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept.
1, 1994; Acts 1995, 74th Leg., ch. 318, § 7, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 1286, § 2, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 417, § 1, eff. Sept. 1, 1999; Acts 2001,
77th Leg., ch. 459, § 5, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 528, § 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch.
896, § 1, eff. Sept. 1, 2003.
§ 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, 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
(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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1977, 65th Leg., p. 2067, ch. 819, § 1, eff. Aug.
29, 1977; Acts 1979, 66th Leg., p. 365, ch. 162, § 1, eff. Aug.
27, 1979; Acts 1981, 67th Leg., p. 472, ch. 202, § 4, eff. Sept.
1, 1981; Acts 1981, 67th Leg., p. 2397, ch. 604, § 1, eff. Sept.
1, 1981; Acts 1989, 71st Leg., ch. 357, § 1, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 497, § 1, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995,
74th Leg., ch. 76, § 8.139, eff. Sept. 1, 1995; Acts 1999, 76th
Leg., ch. 62, § 15.02(b), eff. Sept. 1, 1999.
§ 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 exception to the application of this section
that the actor voluntarily delivered the child to a designated
emergency infant care provider under Section 262.302, Family Code.
Added by Acts 1985, 69th Leg., ch. 791, § 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 904, § 1, eff. Sept. 1,
1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
Acts 1997, 75th Leg., ch. 687, § 1, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 1087, § 3, eff. Sept. 1, 1999; Acts 2001,
77th Leg., ch. 809, § 7, eff. Sept. 1, 2001.
§ 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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 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;
(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;
(4) cause impairment or interruption of public
communications, public transportation, public water, gas, or power
supply or other public service;
(5) place the public or a substantial group of the
public in fear of serious bodily injury; or
(6) influence the conduct or activities of a branch or
agency of the federal government, the state, or a political
subdivision of the state.
Text of subsec. (b) as amended by Acts 2003, 78th Leg., ch. 139, § 1
and Acts 2003, 78th Leg., ch. 388, § 2
(b) An offense under Subdivision (1) or (2) of Subsection
(a) is a Class B misdemeanor, except that an offense under
Subdivision (2) of Subsection (a) is a Class A misdemeanor if the
offense is committed against a member of the person's family or
household or otherwise constitutes family violence or if the
offense is committed against a public servant. An offense under
Subdivision (3) of Subsection (a) is a Class A misdemeanor. An
offense under Subdivision (4), (5), or (6) of Subsection (a) is a
felony of the third degree.
Text of subsec. (b) as amended by Acts 2003, 78th Leg., ch. 388, § 2
and Acts 2003, 78th Leg., ch. 446, § 1
(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, unless the actor causes
pecuniary loss of $1,500 or more to the owner of the building, room,
place, or conveyance, in which event the offense is a state jail
felony. An offense under Subdivision (4), (5), or (6) of Subsection
(a) is a felony of the third degree.
Text of subsec. (c) as added by Acts 2003, 78th Leg., ch. 139, § 1
(c) In this section:
(1) "Family" has the meaning assigned by Section
71.003, Family Code.
(2) "Family violence" has the meaning assigned by
Section 71.004, Family Code.
(3) "Household" has the meaning assigned by Section
71.005, Family Code.
Text of subsec. (c) as added by Acts 2003, 78th Leg., ch. 446, § 1
(c) The amount of pecuniary loss under Subsection (b) is the
amount of economic loss suffered by the owner of the building, room,
place, or conveyance as a result of the prevention or interruption
of the occupation or use of the building, room, place, or
conveyance.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1979, 66th Leg., p. 1114, ch. 530, § 2, eff. Aug.
27, 1979; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 2003, 78th Leg., ch. 139, § 1, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 388, § 2, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 446, § 1, eff. Sept. 1, 2003.
§ 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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 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.
Added by Acts 1983, 68th Leg., p. 2812, ch. 481, § 1, eff. Sept.
1, 1983. Amended by Acts 1989, 71st Leg., ch. 1008, § 1, eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 14, § 284(32), eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept.
1, 1994.
§ 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.
Added by Acts 1984, 68th Leg., 2nd C.S., ch. 24, § 1, eff. Oct. 2,
1984. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff.
Sept. 1, 1994.
§ 22.11. HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL
FACILITIES. (a) A person commits an offense if the person, while
imprisoned or confined in a correctional or detention facility and
with intent to harass, alarm, or annoy another person, causes the
other person to contact the blood, seminal fluid, vaginal fluid,
saliva, urine, or feces of the actor, any other person, or an
animal.
(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 offense under another section of this code, the
actor may be prosecuted under either section.
(d) In this section, "correctional or detention facility"
means:
(1) a secure correctional facility; or
(2) a "secure correctional facility" or a "secure
detention facility" as defined by Section 51.02, Family Code,
operated by or under contract with a juvenile board or the Texas
Youth Commission or any other facility operated by or under
contract with that commission.
Added by Acts 1999, 76th Leg., ch. 335, § 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 878, § 1, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1006, § 1, eff. Sept. 1, 2003.
§ 22.12. APPLICABILITY TO CERTAIN CONDUCT. This
chapter does not apply to conduct charged as having been committed
against an individual who is an unborn child if the conduct is:
(1) committed by the mother of the unborn child;
(2) a lawful medical procedure performed by a
physician or other health care provider with the requisite consent;
(3) a lawful medical procedure performed by a
physician or other licensed health care provider with the requisite
consent as part of an assisted reproduction as defined by Section
160.102, Family Code; or
(4) the dispensation of a drug in accordance with law
or administration of a drug prescribed in accordance with law.
Added by Acts 2003, 78th Leg., ch. 822, § 2.04, eff. Sept. 1,
2003.
[ Back to top ]
