CHAPTER 22. ASSAULTIVE OFFENSES - Texas Statutes

PENAL CODE

TITLE 5. OFFENSES AGAINST THE PERSON

CHAPTER 22. ASSAULTIVE OFFENSES

Sec. 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 person whose relationship to or association with the

defendant is described by Section 71.0021(b), 71.003, or 71.005,

Family Code, if:

(A) it is shown on the trial of the offense that the defendant

has been previously convicted of an offense under this chapter,

Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11 against a

person whose relationship to or association with the defendant is

described by Section 71.0021(b), 71.003, or 71.005, Family Code;

or

(B) the offense is committed by intentionally, knowingly, or

recklessly impeding the normal breathing or circulation of the

blood of the person by applying pressure to the person's throat

or neck or by blocking the person's nose or mouth;

(3) a person who contracts with government to perform a service

in a facility as defined by Section 1.07(a)(14), Penal Code, or

Section 51.02(13) or (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;

(4) a person the actor knows is a security officer while the

officer is performing a duty as a security officer; or

(5) a person the actor knows is emergency services personnel

while the person is providing emergency services.

(b-1) Notwithstanding Subsection (b)(2), an offense under

Subsection (a)(1) is a felony of the second degree if:

(1) the offense is committed against a person whose relationship

to or association with the defendant is described by Section

71.0021(b), 71.003, or 71.005, Family Code;

(2) it is shown on the trial of the offense that the defendant

has been previously convicted of an offense under this chapter,

Chapter 19, or Section 20.03, 20.04, or 21.11 against a person

whose relationship to or association with the defendant is

described by Section 71.0021(b), 71.003, or 71.005, Family Code;

and

(3) the offense is committed by intentionally, knowingly, or

recklessly impeding the normal breathing or circulation of the

blood of the person by applying pressure to the person's throat

or neck or by blocking the person's nose or mouth.

(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, a security

officer, or emergency services personnel 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 or

emergency services personnel.

(e) In this section:

(1) "Emergency services personnel" includes firefighters,

emergency medical services personnel as defined by Section

773.003, Health and Safety Code, and other individuals who, in

the course and scope of employment or as a volunteer, provide

services for the benefit of the general public during emergency

situations.

(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.

(4) "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 Subsections (b)(2)(A) and (b-1)(2):

(1) a defendant has been previously convicted of an offense

listed in those subsections committed against a person whose

relationship to or association with the defendant is described by

Section 71.0021(b), 71.003, or 71.005, Family Code, 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;

and

(2) a conviction under the laws of another state for an offense

containing elements that are substantially similar to the

elements of an offense listed in those subsections is a

conviction of the offense listed.

(g) 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 or both sections.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 2, Sec. 12,

13, eff. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. 135,

Sec. 1, 2, eff. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch.

164, Sec. 2, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311,

ch. 977, Sec. 1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch.

1052, Sec. 2.08, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch.

739, Sec. 1 to 3, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch.

14, Sec. 284(23) to (26), eff. Sept. 1, 1991; Acts 1991, 72nd

Leg., ch. 334, Sec. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg.,

ch. 366, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch.

900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch.

165, Sec. 27.01, eff. Sept. 1, 1997; Acts 1995, 74th Leg., ch.

318, Sec. 5, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 659,

Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec.

27.01, 31.01(68), eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch.

62, Sec. 15.02(a), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch.

1158, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 294,

Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1019, Sec.

1, 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1028, Sec. 1,

eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 16.002, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

788, Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

788, Sec. 2, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

788, Sec. 6, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

623, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

623, Sec. 2, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

427, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

665, Sec. 2, eff. September 1, 2009.

Sec. 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.

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

(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):

(1) that the actor was the spouse of the child at the time of

the offense; or

(2) that:

(A) the actor was not more than three years older than the

victim and at the time of the offense:

(i) was not required under Chapter 62, Code of Criminal

Procedure, to register for life as a sex offender; or

(ii) was not a person who under Chapter 62, Code of Criminal

Procedure, had a reportable conviction or adjudication for an

offense under this section; and

(B) the victim:

(i) was a child of 14 years of age or older; and

(ii) was not a person whom the actor was prohibited from

marrying or purporting to marry or with whom the actor was

prohibited from living under the appearance of being married

under Section 25.01.

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

degree, except that an offense under this section is a felony of

the first degree if the victim was a person whom the actor was

prohibited from marrying or purporting to marry or with whom the

actor was prohibited from living under the appearance of being

married under Section 25.01.

Added by Acts 1983, 68th Leg., p. 5312, ch. 977, Sec. 3, eff.

Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 557, Sec. 1,

eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1029, Sec. 1, eff.

Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 662, Sec. 1, eff. Sept.

1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

1994; Acts 1995, 74th Leg., ch. 273, Sec. 1, eff. Sept. 1, 1995;

Acts 1995, 74th Leg., ch. 318, Sec. 6, eff. Sept. 1, 1995; Acts

1997, 75th Leg., ch. 1031, Sec. 1, 2, eff. Sept. 1, 1997; Acts

1997, 75th Leg., ch. 1286, Sec. 1, eff. Sept. 1, 1997; Acts 1999,

76th Leg., ch. 1102, Sec. 3, eff. Sept. 1, 1999; Acts 1999, 76th

Leg., ch. 1415, Sec. 24, eff. Sept. 1, 1999; Acts 2001, 77th

Leg., ch. 1420, Sec. 14.829, eff. Sept. 1, 2001; Acts 2003, 78th

Leg., ch. 155, Sec. 1, 2, eff. Sept. 1, 2003; Acts 2003, 78th

Leg., ch. 528, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg.,

ch. 553, Sec. 2.017, eff. Feb. 1, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

268, Sec. 4.02, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

260, Sec. 3, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

260, Sec. 4, eff. September 1, 2009.

Sec. 22.02. AGGRAVATED ASSAULT. (a) A person commits an

offense if the person commits assault as defined in Sec. 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:

(1) the actor uses a deadly weapon during the commission of the

assault and causes serious bodily injury to a person whose

relationship to or association with the defendant is described by

Section 71.0021(b), 71.003, or 71.005, Family Code;

(2) regardless of whether the offense is committed under

Subsection (a)(1) or (a)(2), the offense is committed:

(A) by a public servant acting under color of the servant's

office or employment;

(B) 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;

(C) 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

(D) against a person the actor knows is a security officer while

the officer is performing a duty as a security officer; or

(3) the actor is in a motor vehicle, as defined by Section

501.002, Transportation Code, and:

(A) knowingly discharges a firearm at or in the direction of a

habitation, building, or vehicle;

(B) is reckless as to whether the habitation, building, or

vehicle is occupied; and

(C) in discharging the firearm, causes serious bodily injury to

any person.

(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, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1979, 66th Leg., p. 367, ch. 164, Sec. 2, eff.

Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. 655, Sec. 2,

eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. 79, Sec. 1,

eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. 977, Sec.

2, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 223, Sec. 1,

eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 18, Sec. 3, eff.

April 14, 1987; Acts 1987, 70th Leg., ch. 1101, Sec. 12, eff.

Sept. 1, 1987; Acts 1989, 71st Leg., ch. 939, Sec. 1 to 3, eff.

Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 334, Sec. 2, eff. Sept.

1, 1991; Acts 1991, 72nd Leg., ch. 903, Sec. 1, eff. Sept. 1,

1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

1994; Acts 2003, 78th Leg., ch. 1019, Sec. 3, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

788, Sec. 3, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

594, Sec. 2, eff. September 1, 2009.

Sec. 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.

(f) The minimum term of imprisonment for an offense under this

section is increased to 25 years if:

(1) the victim of the offense is younger than six years of age

at the time the offense is committed; or

(2) the victim of the offense is younger than 14 years of age at

the time the offense is committed and the actor commits the

offense in a manner described by Subsection (a)(2)(A).

Added by Acts 1983, 68th Leg., p. 5312, ch. 977, Sec. 3, eff.

Sept. 1, 1983. Amended by Acts 1987, 70th Leg., ch. 573, Sec. 1,

eff. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 16, Sec.

1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,

eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 7, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1286, Sec. 2, eff. Sept.

1, 1997; Acts 1999, 76th Leg., ch. 417, Sec. 1, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 459, Sec. 5, eff. Sept. 1, 2001;

Acts 2003, 78th Leg., ch. 528, Sec. 2, eff. Sept. 1, 2003; Acts

2003, 78th Leg., ch. 896, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 1.18, eff. September 1, 2007.

Sec. 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.

(a-1) A person commits an offense if the person is an owner,

operator, or employee of a group home, nursing facility, assisted

living facility, intermediate care facility for persons with

mental retardation, or other institutional care facility and the

person intentionally, knowingly, recklessly, or with criminal

negligence by omission causes to a child, elderly individual, or

disabled individual who is a resident of that group home or

facility:

(1) serious bodily injury;

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

(3) bodily injury; or

(4) exploitation.

(b) An omission that causes a condition described by Subsection

(a)(1), (2), or (3) or (a-1)(1), (2), (3), or (4) 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.

(4) "Exploitation" means the illegal or improper use of an

individual or of the resources of the individual for monetary or

personal benefit, profit, or gain.

(d) For purposes of an omission that causes a condition

described by Subsection (a)(1), (2), or (3), 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. For purposes of an omission that causes

a condition described by Subsection (a-1)(1), (2), (3), or (4),

the actor acting during the actor's capacity as owner, operator,

or employee of a group home or facility described by Subsection

(a-1) is considered to have accepted responsibility for

protection, food, shelter, and medical care for the child,

elderly individual, or disabled individual who is a resident of

the group home or facility.

(e) An offense under Subsection (a)(1) or (2) or (a-1)(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, the offense is a felony of the second degree.

(f) An offense under Subsection (a)(3) or (a-1)(3) or (4) is a

felony of the third degree when the conduct is committed

intentionally or knowingly, except that an offense under

Subsection (a)(3) is a felony of the second degree when the

conduct is committed intentionally or knowingly and the victim is

a disabled individual residing in a center, as defined by Section

555.001, Health and Safety Code, or in a facility licensed under

Chapter 252, Health and Safety Code, and the actor is an employee

of the center or facility whose employment involved providing

direct care for the victim. When the conduct is engaged in

recklessly, the offense is a state jail felony.

(g) An offense under Subsection (a) is a state jail felony when

the person acts with criminal negligence. An offense under

Subsection (a-1) is a state jail felony when the person, with

criminal negligence and by omission, causes a condition described

by Subsection (a-1)(1), (2), (3), or (4).

(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) It is a defense to prosecution under this section that the

act or omission consisted of:

(1) reasonable medical care occurring under the direction of or

by a licensed physician; or

(2) emergency medical care administered in good faith and with

reasonable care by a person not licensed in the healing arts.

(l) It is an affirmative defense to prosecution under this

section:

(1) 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;

(2) for a person charged with an act of omission 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; or

(3) that:

(A) the actor was not more than three years older than the

victim at the time of the offense; and

(B) the victim was a child at the time of the offense.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1977, 65th Leg., p. 2067, ch. 819, Sec. 1, eff.

Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. 162, Sec. 1,

eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. 202, Sec.

4, eff. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. 604,

Sec. 1, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 357, Sec.

1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 497, Sec. 1,

eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,

eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 76, Sec. 8.139,

eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 62, Sec. 15.02(b),

eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

268, Sec. 1.125(a), eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

949, Sec. 46, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 38, eff. June 11, 2009.

Sec. 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.

(c-1) 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) the person's conduct related to the proximity or

accessibility of the controlled substance methamphetamine to the

child and an analysis of a specimen of the child's blood, urine,

or other bodily substance indicates the presence of

methamphetamine in the child's body; or

(3) the person injected, ingested, inhaled, or otherwise

introduced a controlled substance listed in Penalty Group 1,

Section 481.102, Health and Safety Code, into the human body when

the person was not in lawful possession of the substance as

defined by Section 481.002(24) of that code.

(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, Sec. 1, eff. Sept. 1,

1985. Amended by Acts 1989, 71st Leg., ch. 904, Sec. 1, eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.

Sept. 1, 1994; Acts 1997, 75th Leg., ch. 687, Sec. 1, eff. Sept.

1, 1997; Acts 1999, 76th Leg., ch. 1087, Sec. 3, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 809, Sec. 7, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

282, Sec. 10, eff. August 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

840, Sec. 2, eff. September 1, 2007.

Sec. 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, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 22.06. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. (a) 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.

(b) The defense to prosecution provided by Subsection (a) is not

available to a defendant who commits an offense described by

Subsection (a) as a condition of the defendant's or the victim's

initiation or continued membership in a criminal street gang, as

defined by Section 71.01.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

273, Sec. 1, eff. September 1, 2007.

Sec. 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.

(b) An offense under Subsection (a)(1) is a Class B misdemeanor.

(c) An offense under Subsection (a)(2) is a Class B misdemeanor,

except that the offense is a Class A misdemeanor if the offense:

(1) is committed against a member of the person's family or

household or otherwise constitutes family violence; or

(2) is committed against a public servant.

(d) An offense under Subsection (a)(3) 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.

(e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a

felony of the third degree.

(f) 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.

(g) For purposes of Subsection (d), the amount of pecuniary loss

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, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1979, 66th Leg., p. 1114, ch. 530, Sec. 2, eff.

Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.

Sept. 1, 1994; Acts 2003, 78th Leg., ch. 139, Sec. 1, eff. Sept.

1, 2003; Acts 2003, 78th Leg., ch. 388, Sec. 2, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 446, Sec. 1, eff. Sept. 1, 2003.

Reenacted and amended by Acts 2005, 79th Leg., Ch.

728, Sec. 16.003, eff. September 1, 2005.

Sec. 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, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 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, Sec. 1, eff.

Sept. 1, 1983. Amended by Acts 1989, 71st Leg., ch. 1008, Sec. 1,

eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 14, Sec. 284(32),

eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,

eff. Sept. 1, 1994.

Sec. 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, Sec. 1, eff.

Oct. 2, 1984. Amended by Acts 1993, 73rd Leg., ch. 900, Sec.

1.01, eff. Sept. 1, 1994.

Sec. 22.11. HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL

FACILITIES; HARASSMENT OF PUBLIC SERVANT. (a) A person commits

an offense if, with the intent to assault, harass, or alarm, the

person:

(1) while imprisoned or confined in a correctional or detention

facility, causes another person to contact the blood, seminal

fluid, vaginal fluid, saliva, urine, or feces of the actor, any

other person, or an animal; or

(2) causes another person the actor knows to be a public servant

to contact the blood, seminal fluid, vaginal fluid, saliva,

urine, or feces of the actor, any other person, or an animal

while the public servant is lawfully discharging an official duty

or in retaliation or on account of an exercise of the public

servant's official power or performance of an official duty.

(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.

(e) For purposes of Subsection (a)(2), the actor is presumed to

have known the person was a public servant if the person was

wearing a distinctive uniform or badge indicating the person's

employment as a public servant.

Added by Acts 1999, 76th Leg., ch. 335, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 878, Sec. 1, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1006, Sec. 1, eff. Sept.

1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

543, Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

543, Sec. 2, eff. September 1, 2005.

Sec. 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, Sec. 2.04, eff. Sept. 1,

2003.