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1258), Sec. June 15, 2007. (1) “Act” means a bodily movement, whether voluntary or involuntary, and includes speech. The offense was expanded in 2017 with H.B. 399, Sec. (c) An offense based on an omission to perform a duty imposed on an actor by a statute of this state is committed inside this state regardless of the location of the actor at the time of the offense. 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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (33) "Official proceeding" means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant. (8) “Bodily injury” means physical pain, illness, or any impairment of physical condition. 1, eff. Texas statutes define serious bodily injury as any physical injury that causes a “substantial” risk of death, causes death, causes serious permanent disfigurement, or results in the loss or impairment of any bodily function. 900, Sec. Texas Penal Code § 1.07 (8). 1.01, eff. (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. 19, 22, 20.03, 20.04, 21.11, or 25.11 committed against person defined by the family code Assuming no additional enhancements apply (12) “Controlled substance” has the meaning assigned by 1.05. (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. 1.07. What is assault causing bodily injury in Texas? 563), Sec. With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute under this code any offense an element of which occurs on state property or any offense that involves the use, unlawful appropriation, or misapplication of state property, including state funds. (d) An offense under this section is a felony of the second degree if the actor to effect his escape causes bodily injury. (F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action. Acts 2017, 85th Leg., R.S., Ch. (b) An offense under this section is a felony of the second degree. 1.09. (Culpable Mental States). 1, eff. (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. The basic assault statute in the Texas Penal Code involves the concept of bodily injury. (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. 1.06. (19) “Effective consent” includes consent by a person legally authorized to act for the owner. (a) This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which he is criminally responsible if: (1) either the conduct or a result that is an element of the offense occurs inside this state; (2) the conduct outside this state constitutes an attempt to commit an offense inside this state; (3) the conduct outside this state constitutes a conspiracy to commit an offense inside this state, and an act in furtherance of the conspiracy occurs inside this state; or. 1.04. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. If the body of a criminal homicide victim is found in this state, it is presumed that the death occurred in this state. (B) a county, municipality, or political subdivision of the state;  or. Injury to a Child, Elderly Individual, or Disabled Individual is an offense that a person commits when he or she acts or fails to act and causes serious bodily or mental injury to a child, elderly person or disabled person. Any contact that causes pain can. 1, eff. Conduct causes bodily injury Conduct against someone defined by Texas Family Code Previous conviction of offense under penal code Ch. September 1, 2019. (9) “Coercion” means a threat, however communicated: (B) to inflict bodily injury in the future on the person threatened or another; (D) to expose a person to hatred, contempt, or ridicule; (E) to harm the credit or business repute of any person;  or. 87 (S.B. Next ». (38) “Person” means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. Firefox, or It can take place in 2 ways. 34 (S.B. Sept. 1, 1994. A person commits assault if he intentionally, knowingly, or recklessly causes bodily injury to another person. 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. Section 481.002, Health and Safety Code (49) "Death" includes, for an individual who is an unborn child, the failure to be born alive. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 900, Sec. SHORT TITLE. If death alone is the basis for jurisdiction, it is a defense to the exercise of jurisdiction by this state that the conduct that constitutes the offense is not made criminal in the jurisdiction where the conduct occurred. 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. (37) “Penal institution” means a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. Jan. 1, 1974. No governmental subdivision or agency may enact or enforce a law that makes any conduct covered by this code an offense subject to a criminal penalty. 26, eff. CONCURRENT JURISDICTION UNDER THIS CODE TO PROSECUTE OFFENSES THAT INVOLVE STATE PROPERTY. Bodily injury can be a bruise, a cut, a scrape, a burn, a sprained ankle or other joint, or any other injury. Article 2.122, Code of Criminal Procedure (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. 399, Sec. ASSAULT. (B) is a holder in due course of a negotiable instrument. (3) bodily injury. This code shall be known and may be cited as the Penal Code. The term includes a check, an electronic debit, or an automatic bank draft. 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. (7) “Benefit” means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. 1, eff. (38) "Person" means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. Bodily injury is a less significant injury than serious bodily injury, discussed below. (6) to define the scope of state interest in law enforcement against specific offenses and to systematize the exercise of state criminal jurisdiction. (8) “ Bodily injury ” means physical pain, illness, or any impairment of physical condition. (a) In this code: (8) "Bodily injury" means physical pain, illness, or any impairment of physical condition. Array The definition of public servant comes for the Texas Penal Code and can be found. Sec. (b)AAAn offense under this section is a felony of the second degree. 167, Sec. A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; (2) Aug. 27, 1979; Acts 1979, 66th Leg., p. 1520, ch. § 1.07(a)(8). 1.01. 543, Sec. TEX. bodily injury to another; or (2)AAintentionally or knowingly threatens or places another in fear of imminent bodily injury or death. (6) "Association" means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest. Acts 2009, 81st Leg., R.S., Ch. (F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so. (29) “Knowing” is defined in 25.144, eff. 900, Sec. Acts 2009, 81st Leg., R.S., Ch. (B) is a holder in due course of a negotiable instrument. 1, eff. A person attains a specified age on the day of the anniversary of his birthdate. Article 2.12, Code of Criminal Procedure Bodily injury does not require that someone goes to the hospital or receive medical treatment. The punishment level of a Simple Assault charge varies from a Class C Misdemeanor to a Second Degree Felony. (b) The definition of a term in this code applies to each grammatical variation of the term. COMPUTATION OF AGE. (13) "Corporation" includes nonprofit corporations, professional associations created pursuant to statute, and joint stock companies. 1, eff. Amended by Acts 1985, 69th Leg., ch. 38.07 and amended by Acts 1993, 73rd Leg., ch. In Texas Penal Code Section 29.02(a)(1) a person committing a theft with intent to obtain or maintain control of property, intentionally, knowingly, or recklessly causes bodily injury … Whenever the term "suspect" is used in this code, it means "actor.". EFFECT OF CODE. (2) “Tire deflation device” has the meaning assigned by Section 46.01 (Definitions). Jan. 1, 1974. (26) "Individual" means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. (Culpable Mental States). (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. (1) a reference to a title, chapter, or section without further identification is a reference to a title, chapter, or section of this code; and. (49) “Death” includes, for an individual who is an unborn child, the failure to be born alive. (48) "Unlawful" means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege. (D) the negation of any exception to the offense. (B) a county, municipality, or political subdivision of the state; or. Jan. 1, 1974. (42) “Reasonable belief” means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor. 2.01, eff. (28) "Intentional" is defined in Section 6.03 (Culpable Mental States). (23) "Felony" means an offense so designated by law or punishable by death or confinement in a penitentiary. (b) The definition of a term in this code applies to each grammatical variation of the term. Acts 1973, 63rd Leg., p. 883, ch. (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 … (b) Unless a different construction is required by the context, Sections 311.011, 311.012, 311.014, 311.015, and 311.021 through 311.032 of Chapter 311, Government Code (Code Construction Act), apply to the construction of this code. 5.01(a)(43), eff. (3) is committed to or lawfully detained in a secure correctional facility, as defined by Section 51.02, Family Code, other than a halfway house, operated by or under contract with the Texas Juvenile Justice Department. 1.01, eff. Internet Explorer 11 is no longer supported. The injury can be deliberate or it can be caused by inaction – in other words, causing injury … (F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so. 25.144, eff. Jan. 1, 1974. Jan. 1, 1974. bodily injury or deadly weapon involved (as defined in the Texas Penal Code) in violation of §22.12 and §28.11, Alcoholic Beverage Code. 399, Sec. (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. OBJECTIVES OF CODE. 69, eff. (3) “Agency” includes authority, board, bureau, commission, committee, council, department, district, division, and office. (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. Jan. 1, 1974. (46-a) "Sight order" means a written or electronic instruction to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time by the person being instructed to pay. 839 (H.B. (2) “Actor” means a person whose criminal responsibility is in issue in a criminal action. (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. (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. (39) "Possession" means actual care, custody, control, or management. Sec. or Search Texas Statutes. 1, eff. (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. Sec. 1, eff. (7) "Benefit" means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. (c) This code does not bar, suspend, or otherwise affect a right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil suit for conduct this code defines as an offense, and the civil injury is not merged in the offense. (15) “Criminal negligence” is defined in (43) "Reckless" is defined in Section 6.03 (Culpable Mental States). (C) any branch or agency of the state, a county, municipality, or political subdivision. 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. (c) In this section: (1) “Vehicle” has the meaning assigned by Section 541.201 (Vehicles), Transportation Code. (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. (8) "Bodily injury" means physical pain, illness, or any impairment of physical condition. Sec. Report Says Lawyers Will Discover a New Normal in 2021, 2021 May Bring Pro-Labor and Unionization Movement in Tech. The term includes a check, an electronic debit, or an automatic bank draft. Section 6.03 (D) given solely to detect the commission of an offense. Google Chrome, (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. 1, eff. DEFINITIONS. (36) "Peace officer" means a person elected, employed, or appointed as a peace officer under Article 2.12, Code of Criminal Procedure, Section 51.212 or 51.214, Education Code, or other law. Whenever the term “suspect” is used in this code, it means “actor.”. (D) the negation of any exception to the offense. A person commits this offense if he (or she) intentionally, knowingly, or recklessly causes bodily injury to another person, including the person’s spouse. Amended by Acts 1993, 73rd Leg., ch. (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. (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. TERRITORIAL JURISDICTION. charge to a non-violent offense. 421 (H.B. (3) PENAL CODE ANN. (27) Repealed by 1, eff. In Texas, Assault Causing Bodily Injury is a Class A misdemeanor. (29) "Knowing" is defined in Section 6.03 (Culpable Mental States). (8-a) "Civil commitment facility" means a facility owned, leased, or operated. September 1, 2009. Definitions on Westlaw, industry-leading online legal research system. A serious bodily injury is defined under Texas Penal Code § 1.07(46) as . . (Culpable Mental States). (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. (23) “Felony” means an offense so designated by law or punishable by death or confinement in a penitentiary. (9) "Coercion" means a threat, however communicated: (B) to inflict bodily injury in the future on the person threatened or another; (D) to expose a person to hatred, contempt, or ridicule; (E) to harm the credit or business repute of any person; or. (Culpable Mental States). (46-a) “Sight order” means a written or electronic instruction to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time by the person being instructed to pay. Amended by Acts 1993, 73rd Leg., ch. (48) “Unlawful” means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege. (11) “Consent” means assent in fact, whether express or apparent. . Added by Acts 2007, 80th Leg., R.S., Ch. (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. (4) the conduct inside this state constitutes an attempt, solicitation, or conspiracy to commit, or establishes criminal responsibility for the commission of, an offense in another jurisdiction that is also an offense under the laws of this state. (F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action. 87, § 25.144. Acts 1973, 63rd Leg., p. 883, ch. 1.03. We recommend using … (27) Repealed by Acts 2009, 81st Leg., R.S., Ch. (37) "Penal institution" means a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense. (43) “Reckless” is defined in (10) "Conduct" means an act or omission and its accompanying mental state. Renumbered from Penal Code Sec. (26) “Individual” means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. 399, Sec. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Pai… (20) "Electric generating plant" means a facility that generates electric energy for distribution to the public. 112 (S.B. How Far Does the First Amendment Go to Protect Violent Speech? (D) given solely to detect the commission of an offense. 87, Sec. Bodily injury simply means causing someone pain. , or other law. (5) “Another” means a person other than the actor. (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury;  or. Sept. 1, 1975; Acts 1977, 65th Leg., p. 2123, ch. This includes your immediate family, dating partners, spouses, people you live with, and someone you are dating or have dated. 378 (S.B. CONSTRUCTION OF CODE. Acts 2019, 86th Leg., R.S., Ch. (a) In this code: (1) "Act" means a bodily movement, whether voluntary or involuntary, and includes speech. (11) "Consent" means assent in fact, whether express or apparent. To this end, the provisions of this code are intended, and shall be construed, to achieve the following objectives: (1) to insure the public safety through: (A) the deterrent influence of the penalties hereinafter provided; (B) the rehabilitation of those convicted of violations of this code; and. (3) intentionally or knowingly causes physical contact with another when the person knows or … 2031), Sec. (3) intentionally or knowingly causes physical contact with another when the … (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. 3019 passing in the 85th Legislature. Sept. 1, 1985. September 1, 2009. (46-b) "Federal special investigator" means a person described by Article 2.122, Code of Criminal Procedure. (25) "Harm" means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. 342, Sec. Sept. 1, 1994. . In Texas, assault causing bodily injury is a Class A Misdemeanor. (B) a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice. Sept. 1, 1994. (8-a) "Civil commitment facility" means a facility owned, leased, or operated by the state, or by a vendor under contract with the state, that houses only persons who have been civilly committed as sexually violent predators under Chapter 841, Health and Safety Code. (19) "Effective consent" includes consent by a person legally authorized to act for the owner. PENAL CODE CHAPTER 29. The definition of bodily injury in Texas is quite broad and can found under Texas Penal Code Section 1.07(8). 1969), Sec. (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. Aug. 29, 1977; Acts 1979, 66th Leg., p. 1113, ch. All rights reserved. Sept. 1, 1994. (D) a community corrections facility operated by a community supervision and corrections department. (33) “Official proceeding” means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant. September 1, 2011. Amended by Acts 1985, 69th Leg., ch. 1576), Sec. 1, eff. 3-5 days $300 per day 6-10 days $300 per day 18-Cancel $300 per day Conducting business in a manner as to allow an aggravated breach of the peace with a serious bodily injury, death or involving a (18) "Drug" has the meaning assigned by Section 481.002, Health and Safety Code. (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. Sec. Bodily Injury From Car Accident What Does Bodily Injury Limits Mean What is bodily injury liability? Texas Penal Code § 22.01(a) provides, in relevant part, that "[a] person commits [assault] if the person intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse." (12) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. Simple Assault is defined in Section 22.01(a)(1) of the Texas Penal Code and requires either bodily injury, offensive contact or a threat of imminent harm. 1, eff. 900, Sec. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. Robbery is a 2d degree felony in Texas. (36) “Peace officer” means a person elected, employed, or appointed as a peace officer under 1, eff. (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or. Copyright © 2021, Thomson Reuters. Section 51.212 (3) "Agency" includes authority, board, bureau, commission, committee, council, department, district, division, and office. 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) (25) “Harm” means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. 1985 ; Acts 1979, 66th Leg., p. 883, ch texas penal code bodily injury. 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