Notes on Texas Penal Code Title 5, Chapter 22 - Assaultive Offenses and Sexual Assault

PENAL CODE TITLE 5. OFFENSES AGAINST THE PERSON

CHAPTER 22. ASSAULTIVE OFFENSES

Sec. 22.01. ASSAULT

  • Definition of Assault: A person commits an assault offense if the person:

    1. Intentionally, knowingly, or recklessly causes bodily injury to another person, which includes the person's spouse.

    2. Intentionally or knowingly threatens another person with imminent bodily injury, including the person's spouse.

    3. Intentionally or knowingly causes physical contact with another person when the actor knows or should reasonably believe that the other will regard the contact as offensive or provocative.

  • Classification of Offenses:

    • An offense under Subsection (a)(1) is classified as a Class A misdemeanor, unless it is committed under specific aggravated circumstances that elevate it to a felony of the third degree. This applies if the victim falls into certain categories:

    1. Public servants discharging official duties or in retaliation for exercising official power.

    2. Close relatives or individuals described in Sections 71.0021(b), 71.003, or 71.005, Family Code, if previously convicted of similar offenses against those individuals under certain chapters or sections (such as Chapter 19, Section 20.03).

      • Aggravated instances include:

      • Impeding normal breathing or blood circulation by applying pressure to the throat or neck or obstructing the nose or mouth.

    3. Individuals performing services for a government facility as described in the Penal Code.

      • Specific mentions include:

      • Security officers, emergency services personnel, process servers, and pregnant individuals in coercive circumstances.

    4. Additional classifications for offenses against hospital personnel or utility employees while performing their duties.

  • Enhanced Penalties:

    • An offense is considered a felony of the second degree under specific conditions involving peace officers or judges performing official duties.

    • Further classifications exist when the defendant has a history of violent offenses against individuals in defined relationships (Sections 71.0021(b), 71.003, or 71.005).

  • Classifications for Subsections (a)(2) and (3):

    • A Class C misdemeanor for offenses under Subsection (a)(2) and (a)(3) unless it involves certain aggravating factors:

    1. Class A misdemeanor for assaults on elderly or disabled individuals.

    2. Class B misdemeanor for assaults against sports participants.

    3. Class A misdemeanor for coercing a pregnant individual concerning abortion.

  • Presumptions for Awareness:

    • The actor is presumed to know the status of the assaulted person based on their uniform or badge indicating their professional capacity, such as public servant or emergency personnel.

  • Definitions Specific to This Section:

    1. Emergency Services Personnel: Includes firefighters, emergency medical personnel, and emergency room workers who provide public services during emergencies.

    2. Hospital Personnel: Comprises medical staff including nurses and physicians employed at hospitals.

    3. Process Server: Defined by Section 156.001, Government Code.

    4. Security Officer: Includes both commissioned and noncommissioned officers as defined by relevant occupations codes.

    5. Sports Participant: Encompasses athletes, officials, and others involved in organized sports competitions.

    6. Utility Definition: Encompasses various types of utilities including electric, telecommunications, and gas providers as defined in the Utilities Code.

  • Legal Proceedings:

    • If conduct constitutes an offense under multiple sections of the Penal Code, prosecution can occur under either or both statutes.

Sec. 22.011. SEXUAL ASSAULT

  • Definition of Sexual Assault: A person commits an offense if:

    1. Intentionally or knowingly:

    • (A) Causes penetration of another person's anus or sexual organ by any means without consent.

    • (B) Causes penetration of another person’s mouth by the actor’s sexual organ without consent.

    • (C) Causes the sexual organ of another person to contact or penetrate the mouth, anus, or sexual organ of another person without consent.

    1. Concerns specific to minors:

    • The person intentionally or knowingly:

      • (A) Causes penetration of a child’s anus or sexual organ by any means.

      • (B) Causes penetration of a child’s mouth by the actor's sexual organ.

      • (C) Causes the sexual organ of a child to contact or penetrate another person's mouth, anus, or sexual organ.

      • Other specific acts resulting in contact or penetration with a child.

  • Understanding Consent: For the purpose of sexual assault definitions:

    • Consent is considered absent if:

    1. The actor uses physical force, threats, or coercion to compel participation.

    2. The victim is unconscious or physically incapable of resisting.

    3. Various circumstances which involve exploitation of emotional dependency or threats affecting the victim's ability to resist.

  • Definitions Related to Sexual Assault:

    1. Child: Defined as a person younger than 17 years.

    2. Consent: Defined as per Section 1.07 of the Penal Code.

    3. Spouse: Legally married individuals.

    4. Health Care Services Provider: Includes various licensed medical professionals.

    5. Mental Health Services Provider: Licensed or unlicensed individuals providing mental health services.