1, eff. (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 the actor has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that the actor has accepted responsibility for protection, food, shelter, or medical care for a child, elderly individual, or disabled individual. increasing citizen access. (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, (A) the actor was not more than three years older than the victim at the time of the offense; and. 1, eff. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 22.012 Indecent Assault (a) A person commits an offense if, without the other person's consent and with the intent to arouse or gratify the sexual desire of any person, the person: (1) touches the anus, breast, or any part of the genitals of another person; (2) 361 (H.B. the person's spouse; or. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. (f) An offense under Subsection (c) is a state jail felony. committed against a person whose relationship to or association with the defendant Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. 273, Sec. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. Sec. Sept. 1, 1983. Sec. 788 (S.B. These cases are quite complex and benefit from the expertise of a criminal defense attorney. 4, eff. 1, eff. A person convicted of a Class C misdemeanor in Texas can expect the following penalties: Fines up to $500. Indecent Assault. or nolo contendere in return for a grant of deferred adjudication, regardless of whether by Section 71.0021(b), 71.003, or 71.005, Family Code; or. 1.01, eff. 3, eff. 22.07. 751 (H.B. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (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; (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; or. 16, Sec. Sept. 1, 2003. sec. Sept. 1, 2003. as a public servant or status as a security officer or emergency services personnel. 900, Sec. 366, Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. assaulted was a public servant, a security officer, or emergency services personnel -2nd Degree Felony-. 977, Sec. 38.113. unauthorized absence from community corrections facility, county . Texas Penal Code Section 22.01 - Assault Texas Statutes Penal Code Title 5 Chapter 22 Section 22.01 Texas Penal Code Sec. Sept. 1, 1997; Acts 1995, 74th Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Amended by Acts 1989, 71st Leg., ch. Similarly, while assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors, they can be enhanced to Class A or B misdemeanors when the victim has certain characteristics, like being of the contract, if the actor knows the person or employee is authorized by government Acts 2019, 86th Leg., R.S., Ch. or staff member. TEXAS PENAL CODE Offense Punishment ex. capacity as a sports participant; or, (B)in retaliation for or on account of the participant's performance of a duty or 873 (S.B. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing 1038 (H.B. 260 (H.B. 557, Sec. Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . to provide the service; or. 809, Sec. Section 22.01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. 1, eff. Acts 2019, 86th Leg., R.S., Ch. 91), Sec. All rights reserved. (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. SEXUAL OFFENSES. Class C Misdemeanors Are Minor Crimes. Jan. 1, 1974. . 1.01, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 28, eff. 1052, Sec. 284 (S.B. 7031 Koll Center Pkwy, Pleasanton, CA 94566. (2)Repealed by Acts 2005, 79th Leg., ch. An assault is classified as a class a misdemeanor if bodily injury was caused. who, in the course and scope of employment or as a volunteer, provide services for intercollegiate, or other organized amateur or professional athletic competition and 659, Sec. (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. (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. 27.01, eff. the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including (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 any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or 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 any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or 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. A person convicted of a misdemeanor in Texas faces the following penalties: for a Class A misdemeanor, up to one year in jail and a $4,000 fine for a Class B misdemeanor, up to 180 days in jail and a $2,000 fine, and for a Class C misdemeanor, up to a $500 fine. 900, Sec. Acts 1973, 63rd Leg., p. 883, ch. 22.021. 1.01, eff. Acts 2017, 85th Leg., R.S., Ch. 2018), Sec. However, they are still more serious than infractions. (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. Acts 2015, 84th Leg., R.S., Ch. 1, eff. 667), Sec. (vi) with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim's ability to appraise the nature of the act or to resist the act; (B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 22.04. 284(32), eff. Location: 399, Sec. 22.02 Tex Penal Code A person Commits assault as defined in Pen 22.01, and Causes serious bodily injury to another, including the person's spouse; or Uses or exhibits a deadly weapon during the commission of the assault Punishment: 2nd Degree Felony, or 1st Degree Felony Lesser Included Offenses: 784 (H.B. Assault occurs when a 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 1 to 3, eff. 22.05. 38, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. (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 . 1, eff. 2589), Sec. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. Sept. 1, 1985. How Texas Penal Code Ch 22.01 Defines Assault. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. (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. 584 (S.B. Class A misdemeanor "Bodily injury" means physical pain, illness, or any impairment of physical condition - Texas Penal Code 1.07(8); the sentence for the offense was ever imposed or whether the sentence was probated 495), Sec. Sexual Assault, except as provided by Subdivision (1) Arson Trafficking of Persons under Section 20A.02 (a) (1), (2), (3), or (4), Penal Code Compelling Prostitution under Section 43.05 (a) (1), Penal Code Felonies with a 7 year statute of limitation: Misapplication of fiduciary property or property of a financial institution Continuous Violence Against the Family is a Third-Degree Felony. Current as of April 14, 2021 | Updated by FindLaw Staff. 594 (H.B. 361 (H.B. 1, eff. 29), Sec. (C) the victim is an elderly individual or a disabled individual. (3)intentionally or knowingly causes physical contact with another when the person Sept. 1, 1987; Acts 1989, 71st Leg., ch. 62, Sec. 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. Texas Penal Code - PENAL 22.012. Sept. 1, 1995; Acts 1997, 75th Leg., ch. September 1, 2005. 1, eff. Acts 2005, 79th Leg., Ch. What is an Assault? September 1, 2011. 620, Sec. 7, eff. 3, eff. 34, eff. The lowest level of an offense that someone can be charged with is a Class C misdemeanor. Sec. Acts 2005, 79th Leg., Ch. 399, Sec. 1019, Sec. for non-profit, educational, and government users. Read the code on findlaw explore resources for. Texas Penal Code 22.02 (a) states that a person commits an offense if the person commits assault as defined in 22.01 and the person: Causes serious bodily injury to another, including the person's spouse; or Uses or exhibits a deadly weapon during the commission of the assault. 791, Sec. (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; (D) against a person the actor knows is a process server while the person is performing a duty as a process server; or, (E) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or. 21.001(39), eff. September 1, 2009. Assault - last updated April 14, 2021 by Section 71.0021(b), 71.003, or 71.005, Family Code; and. 734 (H.B. September 1, 2021. Texas Penal Code - Penal 22.012 - Findlaw (c) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. 788 (S.B. normal breathing or circulation of the blood of the person by applying pressure to September 1, 2021. September 1, 2017. Original Source: 76, Sec. September 1, 2015. 1, eff. 2, Sec. when it is a prohibited person of marriage. (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. September 1, 2015. Let's dive into the statute and see what's going on here. 273 (H.B. 6, eff. 2552), Sec. (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; (5) a person the actor knows is emergency services personnel while the person is providing emergency services; (6) a person the actor knows is a process server while the person is performing a duty as a process server; (7) a pregnant individual to force the individual to have an abortion; or. September 1, 2005. 1, eff. 2, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 2, eff. (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. Sept. 1, 1983. 1, eff. 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 2, eff. Sec. 1, eff. 915 (H.B. 1.01, eff. (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). (2) uses or exhibits a deadly weapon during the commission of the assault. 1575), Sec. 1306), Sec. Acts 2005, 79th Leg., Ch. 1, eff. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. These offenses are the lowest level of misconduct punishable as a crime in texas. Class C offenses are punishable by a $500 fine, but a conviction can cause other problems. Evaluating Your Legal Options in Pearland (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. 977, Sec. if the person was wearing a distinctive uniform or badge indicating the person's employment Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 858 (H.B. 53a-60a. Acts 2007, 80th Leg., R.S., Ch. 22.01. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. 2, eff. 22.011. 2, eff. 12, eff. (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. An offensive contact is a class C assault which is up to a $500 fine. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 1, eff. an elderly individual or disabled individual, as those terms are defined by Section 22.04; (2)a Class B misdemeanor if the offense is committed by a person who is not a sports (2) a state jail felony if the offense is committed under Subsection (a)(1) and the actor has not received express consent as described by Subsection (b)(12). 543 (H.B. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 187 (S.B. (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. Acts 2017, 85th Leg., R.S., Ch. 705), Sec. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Sept. 1, 1994. 819, Sec. AGGRAVATED SEXUAL ASSAULT. -or-. Sept. 1, 1994; Acts 1997, 75th Leg., ch. Amended by Acts 1989, 71st Leg., ch. (b-1)Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony (c)An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that 22.12. 467 (H.B. Acts 2009, 81st Leg., R.S., Ch. 2, eff. September 1, 2005. 1, eff. In addition, Offensive or Provocative Contact. 528, Sec. PENAL CODE. 00 all the way to decades in prison. 1, 2, eff. (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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 3, eff. 495), Sec. Sept. 1, 2003. 22.09. 24, Sec. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. Class a assault texas penal code. While Class C misdemeanors don't require jail time, these charges still come with a hefty fine. 135, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 164), Sec. 1354), Sec. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2017. 91), Sec. 1, eff. (b-2)Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony Acts 2005, 79th Leg., Ch. 282 (H.B. ASSAULT. or both sections. 949 (H.B. 357, Sec. Acts 2021, 87th Leg., R.S., Ch. Class C misdemeanors are a type of crime in Texas. Acts 2007, 80th Leg., R.S., Ch. 1, eff. Jan. 1, 1974. 623 (H.B. 21.002(14), eff. 2, eff. 10, eff. (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. The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. 2, eff. The texas penal code defines an aggravated assault charge as an assault using or threatening to use a deadly weapon. (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. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. (b-3)Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony Sept. 1, 2003; Acts 2003, 78th Leg., ch. 875 (H.B. 1, eff. (d)For purposes of Subsection (b), the actor is presumed to have known the person 14, Sec. Acts 2005, 79th Leg., Ch. 1158, Sec. 318, Sec. Sept. 1, 2003. 939, Sec. Sept. 1, 2003. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 436 (S.B. (A) an officer or employee of the Texas Civil Commitment Office: (i) while the officer or employee is lawfully discharging an official duty at a civil commitment facility; or, (ii) in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or. Sept. 1, 1994. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 2, eff. Acts 2005, 79th Leg., Ch. You'll have to pay up to $500 if you're charged with Class C assault in Texas. Jan. 1, 1974. Search Texas Statutes. INDECENT ASSAULT. Jan. 1, 1974. 446, Sec. 788 (S.B. (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 22.11. (b-3) 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. 318, Sec. DEFINITIONS. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. Assault on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Acts 2007, 80th Leg., R.S., Ch. Possession of drug paraphernalia (health and safety code 481.125), making a firearm accessible to a child (penal code 46.13), and; 662, Sec. emergency services; (6)a pregnant individual to force the individual to have an abortion; or. 719 (H.B. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 3, eff. 2, eff. 2.04, eff. 8), Sec. (e) An offense under Subsection (a) is a Class A misdemeanor. normal breathing or circulation of the blood of the person by applying pressure to 1306), Sec. 4, eff. (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; (F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or. 2908), Sec. 900, Sec. https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/, Read this complete Texas Penal Code - PENAL 22.01. September 1, 2017. 1, eff. September 1, 2017. 1, eff. 91), Sec. 604, Sec. 2, eff. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; 165, Sec. includes an athlete, referee, umpire, linesman, coach, instructor, administrator, 620 (S.B. under another section of this code, the actor may be prosecuted under either section 1.125(a), eff. to force the individual to have an abortion. 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 22.10. 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. 15.02(a), eff. 3, eff. While jail time is not an option, you could still be left on file with a conviction for assault. 1, eff. 142, eff. (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 the actor would no longer provide the applicable care described by Subsection (d), and notified in writing the parents or a person, other than the actor, acting in loco parentis to the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d); or. Added by Acts 1983, 68th Leg., p. 5312, ch. Acts 2011, 82nd Leg., R.S., Ch. APPLICABILITY TO CERTAIN CONDUCT. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 1, eff. There is no bail bond amount in this case, and the defendant is released to appear for a court date. 3, eff. 3, eff. An offense under Subsection (c) is a felony of the third degree. (2) not attended by an individual in the vehicle who is 14 years of age or older. (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: (2) serious mental deficiency, impairment, or injury; or. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1164), Sec. (3) "Disabled individual" means a person older than 13 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self. 467 (H.B. Added by Acts 2019, 86th Leg., R.S., Ch. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. 5, eff. However, if a person has two prior Public Intoxication convictions on their record, a third PI can be enhanced to a Class B misdemeanor, which has a range of punishment of up to 180 . 728 (H.B. 1, eff. Sept. 1, 2003. sec. September 1, 2005. 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 1095), Sec. 24, eff. (B)in retaliation for or on account of the person's or employee's performance of (2) "Elderly individual" means a person 65 years of age or older. 1, eff. September 1, 2013. Added by Acts 1985, 69th Leg., ch. 1, eff. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. (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. 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