texas penal code bodily injury

Section 6.03 19, 22, 20.03, 20.04, 21.11, or 25.11 committed against person defined by the family code Assuming no additional enhancements apply (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. (36) “Peace officer” means a person elected, employed, or appointed as a peace officer under 1.01, eff. 1, eff. 25.144, eff. 87, Sec. (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. 399, Sec. How Far Does the First Amendment Go to Protect Violent Speech? (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. Robbery is a 2d degree felony in Texas. (19) “Effective consent” includes consent by a person legally authorized to act for the owner. 26, eff. (2) "Actor" means a person whose criminal responsibility is in issue in a criminal action. (b) The definition of a term in this code applies to each grammatical variation of the term. Acts 2009, 81st Leg., R.S., Ch. (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. 900, Sec. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. (25) “Harm” means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or. (43) "Reckless" is defined in Section 6.03 (Culpable Mental States). CONSTRUCTION OF CODE. 421 (H.B. 399, Sec. (38) "Person" means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. (3) "Agency" includes authority, board, bureau, commission, committee, council, department, district, division, and office. (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. (10) "Conduct" means an act or omission and its accompanying mental state. (28) “Intentional” is defined in Acts 2011, 82nd Leg., R.S., Ch. (a) In this code: (8) "Bodily injury" means physical pain, illness, or any impairment of physical condition. 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. Sept. 1, 1979; Acts 1987, 70th Leg., ch. Next ». (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury;  or. 399, Sec. Section 481.002, Health and Safety Code 87, § 25.144. (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. (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) a reference to a title, chapter, or section without further identification is a reference to a title, chapter, or section of this code; and. Article 2.12, Code of Criminal Procedure Acts 1973, 63rd Leg., p. 883, ch. 1.05. 1.01, eff. (F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action. 848, Sec. Microsoft Edge. (29) “Knowing” is defined in 167, Sec. . 900, Sec. (5) “Another” means a person other than the actor. (D) a community corrections facility operated by a community supervision and corrections department. . 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. (B) a county, municipality, or political subdivision of the state; or. 51.214, Education Code … Acts 1973, 63rd Leg., p. 883, ch. (a) In this code: (1) "Act" means a bodily movement, whether voluntary or involuntary, and includes speech. (37) “Penal institution” means a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense. Internet Explorer 11 is no longer supported. (D) the negation of any exception to the offense. The punishment level of a Simple Assault charge varies from a Class C Misdemeanor to a Second Degree Felony. Copyright © 2021, Thomson Reuters. 2031), Sec. (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. 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. (d) An offense under this section is a felony of the second degree if the actor to effect his escape causes bodily injury. 1576), Sec. (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, eff. threatens, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of the person’s family or household, or the person’s property; (3) 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. 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 (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. (D) given solely to detect the commission of an offense. 1.08. Sec. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. Pai… The full legal definition of Assault with Bodily Injury is found in Section 22.01(a)(1) of the Texas Penal Code . (20) “Electric generating plant” means a facility that generates electric energy for distribution to the public. September 1, 2019. Jan. 1, 1974. (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. (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. (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. (Culpable Mental States). Sec. (11) "Consent" means assent in fact, whether express or apparent. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Section 481.002, Health and Safety Code (b) An offense under this section is a felony of the second degree. Renumbered from Penal Code Sec. Report Says Lawyers Will Discover a New Normal in 2021, 2021 May Bring Pro-Labor and Unionization Movement in Tech. The Texas Penal Code defines bodily injury to mean pain that causes either pain or illness. A person commits assault if he intentionally, knowingly, or recklessly causes bodily injury to another person. 1, eff. 1258), Sec. (3) bodily injury. The offense was expanded in 2017 with H.B. 479, Sec. Sept. 1, 1994. We recommend using Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 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. Whenever the term “suspect” is used in this code, it means “actor.”. (a-1) A person commits an offense if the person is an … Jan. 1, 1974. (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. A person commits this offense if he (or she) intentionally, knowingly, or recklessly causes bodily injury to another person, including the person’s spouse. 399, Sec. (16) “Dangerous drug” has the meaning assigned by Amended by Acts 1975, 64th Leg., p. 912, ch. A serious bodily injury is defined under Texas Penal Code § 1.07(46) as . 1, eff. (37) "Penal institution" means a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense. (c) In this section: (1) “Vehicle” has the meaning assigned by Section 541.201 (Vehicles), Transportation Code. Section 6.03 1, eff. (3) Whenever the term "suspect" is used in this code, it means "actor.". , or other law. bodily injury or deadly weapon involved (as defined in the Texas Penal Code) in violation of §22.12 and §28.11, Alcoholic Beverage Code. (15) "Criminal negligence" is defined in Section 6.03 (Culpable Mental States). (3) “Agency” includes authority, board, bureau, commission, committee, council, department, district, division, and office. (a) The rule that a penal statute is to be strictly construed does not apply to this code. (10) “Conduct” means an act or omission and its accompanying mental state. (25) "Harm" means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. (39) "Possession" means actual care, custody, control, or management. Sept. 1, 1994; Acts 2003, 78th Leg., ch. (14) “Correctional facility” means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. September 1, 2009. Aug. 27, 1979; Acts 1979, 66th Leg., p. 1520, ch. (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. Sec. (3) intentionally or knowingly causes physical contact with another when the person knows or … 1.02. (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. (42) “Reasonable belief” means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor. aault, case, felony, degree, texas, fine, aaulting, misdemeanor, attorney, judge. Sept. 1, 1994. , 1, eff. 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. bodily injury to another; or (2)AAintentionally or knowingly threatens or places another in fear of imminent bodily injury or death. Sept. 1, 1985. (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. PENAL CODE CHAPTER 29. Acts 2009, 81st Leg., R.S., Ch. (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. (6) “Association” means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest. Google Chrome, 69, eff. DEFINITIONS. The term includes a check, an electronic debit, or an automatic bank draft. COMPUTATION OF AGE. (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. Sec. 822, Sec. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. TEX. (27) Repealed by These terms are defined within Texas Penal Code Title 1 Chapter 1. (14) "Correctional facility" means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. Bodily injury can be a bruise, a cut, a scrape, a burn, a sprained ankle or other joint, or any other injury. 1, eff. Conduct causes bodily injury Conduct against someone defined by Texas Family Code Previous conviction of offense under penal code Ch. 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. 1, eff. (B) is a holder in due course of a negotiable instrument. Sec. (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. (20) "Electric generating plant" means a facility that generates electric energy for distribution to the public. (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. (b)AAAn offense under this section is a felony of the second degree. (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. Added by Acts 2007, 80th Leg., R.S., Ch. (D) a community corrections facility operated by a community supervision and corrections department. Array The definition of public servant comes for the Texas Penal Code and can be found. (12) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. 900, Sec. (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. 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. . 25.144, eff. (C) any branch or agency of the state, a county, municipality, or political subdivision. 1, eff. 1, eff. (6) "Association" means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest. (23) “Felony” means an offense so designated by law or punishable by death or confinement in a penitentiary. If you have been arrested for. The definition of bodily injury in Texas is quite broad and can found under Texas Penal Code Section 1.07(8). 1, eff. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. 1969), Sec. 399, Sec. 1.01, eff. (28) "Intentional" is defined in Section 6.03 (Culpable Mental States). (46-b) "Federal special investigator" means a person described by Article 2.122, Code of Criminal Procedure. All rights reserved. (16) "Dangerous drug" has the meaning assigned by Section 483.001, Health and Safety Code. “Bodily injury” is broadly defined as “physical pain, illness, or any impairment of physical condition.” Id. The basic assault statute in the Texas Penal Code involves the concept of bodily injury. (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. 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." 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 (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. 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