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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. |
