The elements of assault family violence come from § 22.01, Penal Code and include relationships defined under Chapter 71 of the Texas Family Code. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1994. Serious Bodily Injury. (19) “Effective consent” includes consent by a person legally authorized to act for the owner. Jan. 1, 1974. 25.144, eff. September 1, 2019. COMPUTATION OF AGE. (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. If you have been arrested for. Report Says Lawyers Will Discover a New Normal in 2021, 2021 May Bring Pro-Labor and Unionization Movement in Tech. Amended by Acts 1993, 73rd Leg., ch. Bodily injury simply means causing someone pain. (5) "Another" means a person other than the actor. 1, eff. Sec. (D) given solely to detect the commission of an offense. (8) “ Bodily injury ” means physical pain, illness, or any impairment of physical condition. This section shall apply only as long as the law governing the conduct proscribed by this code is legally enforceable. (19) "Effective consent" includes consent by a person legally authorized to act for the owner. Begin typing to search, use arrow keys to navigate, use enter to select. (49) "Death" includes, for an individual who is an unborn child, the failure to be born alive. (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or. Sept. 1, 1979; Acts 1987, 70th Leg., ch. For more detailed codes research information, including annotations and citations, please visit Westlaw. 421 (H.B. (33) “Official proceeding” means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant. Robbery is a 2d degree felony in Texas. Section 481.002, Health and Safety Code bodily injury to another; or (2)AAintentionally or knowingly threatens or places another in fear of imminent bodily injury or death. 1.01, eff. 399, Sec. (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. (11) “Consent” means assent in fact, whether express or apparent. 342, Sec. 3423), Sec. (36) “Peace officer” means a person elected, employed, or appointed as a peace officer under (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. 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. Article 2.12, Code of Criminal Procedure 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. This includes your immediate family, dating partners, spouses, people you live with, and someone you are dating or have dated. (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. 900, Sec. (18) “Drug” has the meaning assigned by Acts 1973, 63rd Leg., p. 883, ch. § 1.07(a)(8). 1, 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. (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. 112 (S.B. As you can see, the definition of bodily injury in Texas is very broad and it does not take much to make an allegation or establish the element of “bodily injury” in an Assault Bodily Injury or Assault Causing Bodily Injury to a Family Member case. (29) “Knowing” is defined in (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. Section 6.03 How Far Does the First Amendment Go to Protect Violent Speech? The full legal definition of Assault with Bodily Injury is found in Section 22.01(a)(1) of the Texas Penal Code . (B) a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice. Google Chrome, (6) to define the scope of state interest in law enforcement against specific offenses and to systematize the exercise of state criminal jurisdiction. (28) “Intentional” is defined in Sept. 1, 1985. (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. (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. 1.01, eff. (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. 900, Sec. (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 punishment level of a Simple Assault charge varies from a Class C Misdemeanor to a Second Degree Felony. (2) “Tire deflation device” has the meaning assigned by Section 46.01 (Definitions). 2.01, eff. PENAL CODE CHAPTER 29. Definitions on Westlaw, industry-leading online legal research system. 1, eff. (3) “Agency” includes authority, board, bureau, commission, committee, council, department, district, division, and office. (11) "Consent" means assent in fact, whether express or apparent. bodily injury or deadly weapon involved (as defined in the Texas Penal Code) in violation of §22.12 and §28.11, Alcoholic Beverage Code. (B) serious bodily injury, as defined by Section 1.07, Penal Code, to a person is a felony of the third degree;  and (2) involving an accident resulting in injury to which Subdivision (1) does not apply is … 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. 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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (8) "Bodily injury" means physical pain, illness, or any impairment of physical condition. 1.01, eff. 1, eff. (c) In this section: (1) “Vehicle” has the meaning assigned by Section 541.201 (Vehicles), Transportation Code. 839 (H.B. 2031), Sec. Bodily injury is a less significant injury than serious bodily injury, discussed below. 1, eff. Sec. It can take place in 2 ways. (8) "Bodily injury" means physical pain, illness, or any impairment of physical condition. (b) If the offense is criminal homicide, a "result" is either the physical impact causing death or the death itself. 1.07. (Culpable Mental States). 5.01(a)(43), eff. (25) “Harm” means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. The definition of bodily injury in Texas is quite broad and can found under Texas Penal Code Section 1.07(8). The basic assault statute in the Texas Penal Code involves the concept of bodily injury. We recommend using Sec. June 15, 2007. (a-1) A person commits an offense if the person is an … Simple Assault & Bodily Injury in Texas Penal Code Elements & Punishments §22.01(a)(1) Tex Penal Code – Causes Bodily Injury. All rights reserved. 87, § 25.144. (i) This subsection applies only to a motor vehicle used in the commission of an offense under this section that results in an accident with property damage or personal injury. Section 6.03 (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. 530, Sec. Section 481.002, Health and Safety Code Sec. Aug. 27, 1979; Acts 1979, 66th Leg., p. 1520, ch. Section 6.03 (49) “Death” includes, for an individual who is an unborn child, the failure to be born alive. (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. (43) "Reckless" is defined in Section 6.03 (Culpable Mental States). Jan. 1, 1974. Sec. (a) In this code: (1) "Act" means a bodily movement, whether voluntary or involuntary, and includes speech. Serious Bodily Injury is defined by Section 1.07 of the Texas Penal Code as "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." (20) "Electric generating plant" means a facility that generates electric energy for distribution to the public. Sept. 1, 1994. (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. September 1, 2017. (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. (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. 1, eff. 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. charge to a non-violent offense. 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. 1, eff. . (F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action. (38) "Person" means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. (B) a county, municipality, or political subdivision of the state;  or. (6) "Association" means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest. Sept. 1, 2003. 1258), Sec. PREEMPTION. (B) is a holder in due course of a negotiable instrument. (Culpable Mental States). causes serious bodily injury; or (2) uses or threatens to use a deadly weapon. (Culpable Mental States). 167, Sec. (39) "Possession" means actual care, custody, control, or management. (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. The injury can be deliberate or it can be caused by inaction – in other words, causing injury … Amended by Acts 1993, 73rd Leg., ch. (27) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1576), Sec. What is assault causing bodily injury in Texas? (15) "Criminal negligence" is defined in Section 6.03 (Culpable Mental States). (3) (7) “Benefit” means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. Acts 2019, 86th Leg., R.S., Ch. (D) given solely to detect the commission of an offense. 1, eff. 34 (S.B. (40) “Public place” means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. Texas Penal Code § 1.07 (8). (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. In Texas, assault causing bodily injury is a Class A Misdemeanor. (42) “Reasonable belief” means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor. Acts 1973, 63rd Leg., p. 883, ch. Whenever the term “suspect” is used in this code, it means “actor.”. (B) a county, municipality, or political subdivision of the state; or. Texas Penal Code Chapter 29.02 . A person commits this offense if he (or she) intentionally, knowingly, or recklessly causes bodily injury to another person, including the person’s spouse. (23) “Felony” means an offense so designated by law or punishable by death or confinement in a penitentiary. (8-a) "Civil commitment facility" means a facility owned, leased, or operated. For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if: (1) the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance methamphetamine in the presence of the child; (2) Acts 2009, 81st Leg., R.S., Ch. threatens, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of the person’s family or household, or the person’s property; (3) 399, Sec. A serious bodily injury is defined under Texas Penal Code § 1.07(46) as . (C) any branch or agency of the state, a county, municipality, or political subdivision. 25.144, eff. 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