(12) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. . (49) "Death" includes, for an individual who is an unborn child, the failure to be born alive. Serious Bodily Injury is defined by Section 1.07 of the Texas Penal Code as "bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ." 38.07 and amended by Acts 1993, 73rd Leg., ch. Jan. 1, 1974. The definition of bodily injury in Texas is quite broad and can found under Texas Penal Code Section 1.07(8). Sec. Renumbered from Penal Code Sec. (42) “Reasonable belief” means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor. 421 (H.B. (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. In Texas, assault causing bodily injury is a Class A Misdemeanor. , limited liability company, or other entity or organization governed by the Business Organizations Code, Article 2.122, Code of Criminal Procedure, Read this complete Texas Penal Code § 1.07. 1, eff. bodily injury to another; or (2)AAintentionally or knowingly threatens or places another in fear of imminent bodily injury or death. (a-1) A person commits an offense if the person is an … 1, eff. Acts 1973, 63rd Leg., p. 883, ch. A serious bodily injury is defined under Texas Penal Code § 1.07(46) as . A person attains a specified age on the day of the anniversary of his birthdate. 997, Sec. (39) “Possession” means actual care, custody, control, or management. September 1, 2019. (42) "Reasonable belief" means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor. September 1, 2017. Sept. 1, 1994. § 22.01(a)(1). (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. 1.01. (20) “Electric generating plant” means a facility that generates electric energy for distribution to the public. 3423), Sec. (26) “Individual” means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. CONSTRUCTION OF CODE. (B) a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice. PENAL CODE ANN. (36) “Peace officer” means a person elected, employed, or appointed as a peace officer under 900, Sec. (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. 399, Sec. 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. (C) any branch or agency of the state, a county, municipality, or political subdivision. (3) bodily injury. Microsoft Edge. 848, Sec. (F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so. (43) "Reckless" is defined in Section 6.03 (Culpable Mental States). Acts 1973, 63rd Leg., p. 883, ch. (46-b) "Federal special investigator" means a person described by Article 2.122, Code of Criminal Procedure. (8-a) "Civil commitment facility" means a facility owned, leased, or operated. (39) "Possession" means actual care, custody, control, or management. (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. The full legal definition of Assault with Bodily Injury is found in Section 22.01(a)(1) of the Texas Penal Code . (5) “Another” means a person other than the actor. (4) “Alcoholic beverage” has the meaning assigned by 1.02. Simple Assault & Bodily Injury in Texas Penal Code Elements & Punishments §22.01(a)(1) Tex Penal Code – Causes Bodily Injury. (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. … (b)AAAn offense under this section is a felony of the second degree. 328, 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) (Culpable Mental States). 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. Consent is not effective if: (B) given by a person the actor knows is not legally authorized to act for the owner; (C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or. Internet Explorer 11 is no longer supported. A person commits assault if he intentionally, knowingly, or recklessly causes bodily injury to another person. (18) "Drug" has the meaning assigned by Section 481.002, Health and Safety Code. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1994. (19) "Effective consent" includes consent by a person legally authorized to act for the owner. The Texas Penal Code defines bodily injury to mean pain that causes either pain or illness. A person commits this offense if he (or she) intentionally, knowingly, or recklessly causes bodily injury to another person, including the person’s spouse. (27) Repealed by . (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. 900, Sec. (37) “Penal institution” means a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense. 25.144, eff. In Texas, Assault Causing Bodily Injury is a Class A misdemeanor. EFFECT OF CODE. Bodily injury can be a bruise, a cut, a scrape, a burn, a sprained ankle or other joint, or any other injury. This includes your immediate family, dating partners, spouses, people you live with, and someone you are dating or have dated. Acts 1973, 63rd Leg., p. 883, ch. (43) “Reckless” is defined in 1.03. Section 1.04, Alcoholic Beverage Code DEFINITIONS. 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. (10) “Conduct” means an act or omission and its accompanying mental state. 87, Sec. 655, Sec. 1, eff. 1, eff. (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or. Under Texas Penal Code Section 22.04, the offense of Injury to an Elderly occurs when a person causes injury to person who is 65 years of age or older. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. (D) given solely to detect the commission of an offense. (b) If the offense is criminal homicide, a "result" is either the physical impact causing death or the death itself. or Sec. (8) “ Bodily injury ” means physical pain, illness, or any impairment of physical condition. 1.09. (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. 2031), Sec. Acts 1973, 63rd Leg., p. 883, ch. (3) (D) given solely to detect the commission of an offense. (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. (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. Examples of serious bodily injury may include: 378 (S.B. (38) “Person” means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. (c) In this section: (1) “Vehicle” has the meaning assigned by Section 541.201 (Vehicles), Transportation Code. Under Section 22.02 of the Texas penal code, you can commit and aggravated assault if: You intentionally, knowingly or recklessly caused serious bodily injury to another person, or You used or exhibited a deadly weapon during the assault, including threatening another person with bodily injury or taking part in conduct that the victim likely will find offensive. 1.01, eff. Sept. 1, 1979; Acts 1987, 70th Leg., ch. (12) “Controlled substance” has the meaning assigned by Texas Penal Code Chapter 29.02 . 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. (16) "Dangerous drug" has the meaning assigned by Section 483.001, Health and Safety Code. (20) "Electric generating plant" means a facility that generates electric energy for distribution to the public. (33) "Official proceeding" means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant. 479, Sec. Under Texas law, “ bodily injury” could be anything that causes pain, even if it doesn’t leave a mark. 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. Begin typing to search, use arrow keys to navigate, use enter to select. aault, case, felony, degree, texas, fine, aaulting, misdemeanor, attorney, judge. (b) An offense under this section is a felony of the second degree. 1.01, eff. (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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (Culpable Mental States). (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. Section 6.03 , 1.06. 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. The offense was expanded in 2017 with H.B. Section 481.002, Health and Safety Code Section 6.03 Google Chrome, 1969), Sec. 34 (S.B. 87, § 25.144. Copyright © 2021, Thomson Reuters. (D) the negation of any exception to the offense. (Culpable Mental States). 112 (S.B. We recommend using (4) "Alcoholic beverage" has the meaning assigned by Section 1.04, Alcoholic Beverage Code. Serious Bodily Injury. 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. (15) “Criminal negligence” is defined in 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. (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. (B) a county, municipality, or political subdivision of the state;  or. It now covers people who operate boarding homes, and the list of disabilities … SHORT TITLE. (a) The rule that a penal statute is to be strictly construed does not apply to this code. (27) Repealed by Acts 2009, 81st Leg., R.S., Ch. (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. , or other law. (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. 543, Sec. 1, eff. 167, Sec. Article 2.12, Code of Criminal Procedure Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (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. Acts 2009, 81st Leg., ch. Section 481.002, Health and Safety Code (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. (2) “Tire deflation device” has the meaning assigned by Section 46.01 (Definitions). (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. (6) to define the scope of state interest in law enforcement against specific offenses and to systematize the exercise of state criminal jurisdiction. Deadly Weapon (11) "Consent" means assent in fact, whether express or apparent. Amended by Acts 1993, 73rd Leg., ch. Bodily injury simply means causing someone pain. Report Says Lawyers Will Discover a New Normal in 2021, 2021 May Bring Pro-Labor and Unionization Movement in Tech. (13) “Corporation” includes nonprofit corporations, professional associations created pursuant to statute, and joint stock companies. (5) "Another" means a person other than the actor. (3) "Agency" includes authority, board, bureau, commission, committee, council, department, district, division, and office. Acts 2017, 85th Leg., R.S., Ch. Texas Penal Code § 1.07(a)(8) provides that "`[b]odily injury' means physical pain, illness, or any impairment of physical condition." (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. (3) “Agency” includes authority, board, bureau, commission, committee, council, department, district, division, and office. (25) “Harm” means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. (18) “Drug” has the meaning assigned by 26, eff. 210.319.4345; 214 E Ashby PL San Antonio, TX 78212; Mon-Sun: Open 24 Hours (26) "Individual" means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. 1, eff. (B) is a holder in due course of a negotiable instrument. 1.07. This code shall be known and may be cited as the Penal Code. (8) "Bodily injury" means physical pain, illness, or any impairment of physical condition. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. (2) "Actor" means a person whose criminal responsibility is in issue in a criminal action. (16) “Dangerous drug” has the meaning assigned by Acts 1973, 63rd Leg., p. 883, ch. (28) “Intentional” is defined in Section 483.001, Health and Safety Code The punishment level of a Simple Assault charge varies from a Class C Misdemeanor to a Second Degree Felony. 1, eff. Sec. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1994. (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 … (F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action. (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. Jan. 1, 1974. (b) The definition of a term in this code applies to each grammatical variation of the term. OBJECTIVES OF CODE. (15) "Criminal negligence" is defined in Section 6.03 (Culpable Mental States). (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. 1576), Sec. (3) intentionally or knowingly causes physical contact with another when the person knows or … PREEMPTION. CONCURRENT JURISDICTION UNDER THIS CODE TO PROSECUTE OFFENSES THAT INVOLVE STATE PROPERTY. (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. Added by Acts 2007, 80th Leg., R.S., 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. (23) “Felony” means an offense so designated by law or punishable by death or confinement in a penitentiary. 399, Sec. 5.01(a)(43), eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. Whenever the term “suspect” is used in this code, it means “actor.”. (D) the negation of any exception to the offense. (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. If you have been arrested for. PENAL CODE CHAPTER 29. … 1, eff. 900, Sec. Acts 2009, 81st Leg., R.S., Ch. Section 6.03