Internet Explorer 11 is no longer supported. 900, Sec. Acts 2009, 81st Leg., R.S., Ch. (B) a county, municipality, or political subdivision of the state;  or. 3019 passing in the 85th Legislature. Acts 1973, 63rd Leg., p. 883, ch. (19) “Effective consent” includes consent by a person legally authorized to act for the owner. (39) "Possession" means actual care, custody, control, or management. 900, Sec. The injury can be deliberate or it can be caused by inaction – in other words, causing injury … 1, eff. A person commits assault if he intentionally, knowingly, or recklessly causes bodily injury to another person. (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. Acts 1973, 63rd Leg., p. 883, ch. Definitions on Westlaw, industry-leading online legal research system. Texas Penal Code § 1.07(a)(8) provides that "`[b]odily injury' means physical pain, illness, or any impairment of physical condition." . This includes your immediate family, dating partners, spouses, people you live with, and someone you are dating or have dated. bodily injury or deadly weapon involved (as defined in the Texas Penal Code) in violation of §22.12 and §28.11, Alcoholic Beverage Code. (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. (C) any branch or agency of the state, a county, municipality, or political subdivision. A serious bodily injury is defined under Texas Penal Code § 1.07(46) as . , or other law. (D) given solely to detect the commission of an offense. 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. 1, eff. (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. § 1.07(a)(8). 543, Sec. (15) “Criminal negligence” is defined in (b) The provisions of Titles 1, 2, and 3 apply to offenses defined by other laws, unless the statute defining the offense provides otherwise; however, the punishment affixed to an offense defined outside this code shall be applicable unless the punishment is classified in accordance with this code. (8) "Bodily injury" means physical pain, illness, or any impairment of physical condition. (10) "Conduct" means an act or omission and its accompanying mental state. 2031), Sec. (28) “Intentional” is defined in (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. (Culpable Mental States). If the body of a criminal homicide victim is found in this state, it is presumed that the death occurred in this state. 1.02. Whenever the term “suspect” is used in this code, it means “actor.”. Sept. 1, 1994. In Texas, assault causing bodily injury is a Class A Misdemeanor. (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. 1, eff. Amended by Acts 1975, 64th Leg., p. 912, ch. 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. The definition of bodily injury in Texas is quite broad and can found under Texas Penal Code Section 1.07(8). 1, eff. All rights reserved. Begin typing to search, use arrow keys to navigate, use enter to select. (a) In this code: (8) "Bodily injury" means physical pain, illness, or any impairment of physical condition. (1) “Act” means a bodily movement, whether voluntary or involuntary, and includes speech. CONCURRENT JURISDICTION UNDER THIS CODE TO PROSECUTE OFFENSES THAT INVOLVE STATE PROPERTY. 1.01, eff. The punishment level of a Simple Assault charge varies from a Class C Misdemeanor to a Second Degree Felony. (29) “Knowing” is defined in Chapter 71 of the Texas Family Code broadly considers family member and household member to encompass people you are related to both by blood and by affinity. (5) “Another” means a person other than the actor. (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. (b) An offense under this section is a felony of the second degree. 997, Sec. September 1, 2009. Conduct causes bodily injury Conduct against someone defined by Texas Family Code Previous conviction of offense under penal code Ch. Examples of serious bodily injury may include: Under Texas law, “ bodily injury” could be anything that causes pain, even if it doesn’t leave a mark. Bodily injury can be a bruise, a cut, a scrape, a burn, a sprained ankle or other joint, or any other injury. 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 … Section 6.03 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. (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 person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; (2) Next ». Sept. 1, 2003. 1.09. (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. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 34 (S.B. Acts 2009, 81st Leg., R.S., Ch. (a) The rule that a penal statute is to be strictly construed does not apply to this code. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 399, Sec. We recommend using (b) The definition of a term in this code applies to each grammatical variation of the term. 210.319.4345; 214 E Ashby PL San Antonio, TX 78212; Mon-Sun: Open 24 Hours Sec. It doesnt matter what degree of pain is caused. (F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so. Sec. 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. (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. 839 (H.B. (4) “Alcoholic beverage” has the meaning assigned by Acts 1973, 63rd Leg., p. 883, ch. (27) Repealed by Acts 2009, 81st Leg., R.S., Ch. (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. (5) "Another" means a person other than the actor. Article 2.12, Code of Criminal Procedure 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. 3423), Sec. Sec. Section 481.002, Health and Safety Code Bodily injury is a less significant injury than serious bodily injury, discussed below. TERRITORIAL JURISDICTION. (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. or 1.03. (25) "Harm" means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. 399, Sec. 1, eff. (8) “ Bodily injury ” means physical pain, illness, or any impairment of physical condition. (4) "Alcoholic beverage" has the meaning assigned by Section 1.04, Alcoholic Beverage Code. 19, 22, 20.03, 20.04, 21.11, or 25.11 committed against person defined by the family code Assuming no additional enhancements apply Copyright © 2021, Thomson Reuters. 87, § 25.144. (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. Aug. 27, 1979; Acts 1979, 66th Leg., p. 1520, ch. (38) “Person” means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. 1, eff. (2) “Tire deflation device” has the meaning assigned by Section 46.01 (Definitions). 1, eff. For more detailed codes research information, including annotations and citations, please visit Westlaw. § 22.01(a)(1). 69, eff. Article 2.122, Code of Criminal Procedure (8-a) "Civil commitment facility" means a facility owned, leased, or operated. . Under Texas Penal Code Ch 22.01–Assault, an individual has committed a misdemeanor if they intentionally, knowingly, or recklessly: Caused bodily injury to another; Threatened bodily injury to another Section 6.03 1.06. SHORT TITLE. (6) "Association" means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest. 1, eff. (46-b) “Federal special investigator” means a person described by PENAL CODE CHAPTER 29. ASSAULT. Texas Penal Code Chapter 29.02 . (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. 51.214, Education Code Report Says Lawyers Will Discover a New Normal in 2021, 2021 May Bring Pro-Labor and Unionization Movement in Tech. (B) is a holder in due course of a negotiable instrument. 479, Sec. Array The definition of public servant comes for the Texas Penal Code and can be found. (33) "Official proceeding" means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant. (49) "Death" includes, for an individual who is an unborn child, the failure to be born alive. 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 … (26) "Individual" means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. 38.07 and amended by Acts 1993, 73rd Leg., ch. Amended by Acts 1985, 69th Leg., ch. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. Section 6.03 The elements of assault family violence come from § 22.01, Penal Code and include relationships defined under Chapter 71 of the Texas Family Code. (Culpable Mental States). 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. 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. (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. Microsoft Edge. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 167, Sec. (D) the negation of any exception to the offense. Sec. (38) "Person" means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. 1.07. (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. Amended by Acts 1993, 73rd Leg., ch. (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. causes serious bodily injury; or (2) uses or threatens to use a deadly weapon. charge to a non-violent offense. TEX. (F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so. September 1, 2009. Acts 1973, 63rd Leg., p. 883, ch. (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury;  or. Sept. 1, 1994. (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. Deadly Weapon (16) “Dangerous drug” has the meaning assigned by 530, Sec. How Far Does the First Amendment Go to Protect Violent Speech? Sec. Sept. 1, 1975; Acts 1977, 65th Leg., p. 2123, ch. 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. 342, Sec. (1) intentionally, knowingly, or recklessly causes bodily injury to another; or (2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death. The offense was expanded in 2017 with H.B. 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." It can take place in 2 ways. 1.01, eff. (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. (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. (d) An offense under this section is a felony of the second degree if the actor to effect his escape causes bodily injury. (18) "Drug" has the meaning assigned by Section 481.002, Health and Safety Code. Sept. 1, 1994. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 421 (H.B. (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. 1.08. September 1, 2009. Sec. 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. (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. The full legal definition of Assault with Bodily Injury is found in Section 22.01(a)(1) of the Texas Penal Code . (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. (18) “Drug” has the meaning assigned by (42) "Reasonable belief" means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor. CONSTRUCTION OF CODE. EFFECT OF CODE. (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. 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 September 1, 2017. 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) (42) “Reasonable belief” means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor. (D) a community corrections facility operated by a community supervision and corrections department. Firefox, or (28) "Intentional" is defined in Section 6.03 (Culpable Mental States). bodily injury to another; or (2)AAintentionally or knowingly threatens or places another in fear of imminent bodily injury or death. (19) "Effective consent" includes consent by a person legally authorized to act for the owner. Sept. 1, 1979; Acts 1987, 70th Leg., ch. (h) An offense under Subsection (a) is a felony of the second degree if it is shown on the trial of the offense that as a result of the offense, an individual suffered serious bodily injury or death. Search Texas Statutes. 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. (13) "Corporation" includes nonprofit corporations, professional associations created pursuant to statute, and joint stock companies. another suffers serious bodily injury as a direct result of the actor’s use of a tire deflation device while the actor is in flight. Whenever the term "suspect" is used in this code, it means "actor.". (3) "Agency" includes authority, board, bureau, commission, committee, council, department, district, division, and office. 655, Sec. 87 (S.B. 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. (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. 1258), Sec. (10) “Conduct” means an act or omission and its accompanying mental state. 900, Sec. Jan. 1, 1974. Jan. 1, 1974. … (16) "Dangerous drug" has the meaning assigned by Section 483.001, Health and Safety Code. 1, eff. (12) “Controlled substance” has the meaning assigned by (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. 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