PENAL CODE
CHAPTER 22. ASSAULTIVE OFFENSES

Sec. 22.01. 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
(3)  intentionally or knowingly causes physical contact with another when the person knows or should
reasonably believe that the other will regard the contact as offensive or provocative.
(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 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;
(3)  a person who contracts with government to perform a service in a facility as defined 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 of the contract, if the
actor knows the person or employee is authorized by government to provide the service;  or
(B)  in retaliation for or on account of the person's or employee's performance of a service within the scope of
the contract;  or
(4)  a person the actor knows is a security officer while the officer is performing a duty as a security officer.
(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;  or
(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.
(d)  For purposes of Subsection (b), 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.
(e)  In this section:
(1), (2) Repealed by Acts 2005, 79th Leg., ch. 788, Sec. 6.
(3)  "Security officer" means a commissioned security officer as defined by Section 1702.002, Occupations
Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.
(4)  "Sports participant" means a person who participates in any official capacity with respect to an
interscholastic, intercollegiate, or other organized amateur or professional athletic competition and
includes an athlete, referee, umpire, linesman, coach, instructor, administrator, or staff member.
(f)  For the purposes of Subsection (b)(2):
(1)  a defendant has been previously convicted of an offense listed in Subsection (b)(2) 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 for a grant of deferred adjudication, regardless of whether the sentence for the offense
was ever imposed or whether the sentence was probated and the defendant was subsequently discharged
from community supervision;  and
(2)  a conviction under the laws of another state for an offense containing elements that are substantially
similar to the elements of an offense listed in Subsection (b)(2) is a conviction of an offense listed in
Subsection (b)(2).
Sec. 22.011. SEXUAL ASSAULT.  (a) A person commits an offense if the person:
(1)  intentionally or knowingly:
(A)  causes the penetration of the anus or sexual organ of another person by any means, without that
person's consent;
(B)  causes the penetration of the mouth of another person by the sexual organ of the actor, without that
person's consent;  or
(C)  causes the sexual organ of another person, without that person's consent, to contact or penetrate the
mouth, anus, or sexual organ of another person, including the actor;  or
(2)  intentionally or knowingly:
(A)  causes the penetration of the anus or sexual organ of a child by any means;
(B)  causes the penetration of the mouth of a child by the sexual organ of the actor;
(C)  causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another
person, including the actor;
(D)  causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the
actor;  or
(E)  causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.
(b)  A sexual assault under Subsection (a)(1) is without the consent of the other person if:
(1)  the actor compels the other person to submit or participate by the use of physical force or violence;
(2)  the actor compels the other person to submit or participate by threatening to use force or violence
against the other person, and the other person believes that the actor has the present ability to execute the
threat;
(3)  the other person has not consented and the actor knows the other person is unconscious or physically
unable to resist;
(4)  the actor knows that as a result of mental disease or defect the other person is at the time of the sexual
assault incapable either of appraising the nature of the act or of resisting it;
(5)  the other person has not consented and the actor knows the other person is unaware that the sexual
assault is occurring;
(6)  the actor has intentionally impaired the other person's power to appraise or control the other person's
conduct by administering any substance without the other person's knowledge;
(7)  the actor compels the other person to submit or participate by threatening to use force or violence
against any person, and the other person believes that the actor has the ability to execute the threat;
(8)  the actor is a public servant who coerces the other person to submit or participate;
(9)  the actor is a mental health services provider or a health care services provider who causes the other
person, who is a patient or former patient of the actor, to submit or participate by exploiting the other
person's emotional dependency on the actor;
(10)  the actor is a clergyman who causes the other person to submit or participate by exploiting the other
person's emotional dependency on the clergyman in the clergyman's professional character as spiritual
adviser;  or
(11)  the actor is an employee of a facility where the other person is a resident, unless the employee and
resident are formally or informally married to each other under Chapter 2, Family Code.
(c)  In this section:
(1)  "Child" means a person younger than 17 years of age who is not the spouse of the actor.
(2)  "Spouse" means a person who is legally married to another.
(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
(E)  a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301,
Occupations Code.
(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;
(E)  member of the clergy;
(F)  psychologist offering psychological services as defined by Section 501.003, Occupations Code;  or
(G)  special officer for mental health assignment certified under Section 1701.404, Occupations Code.
(5)  "Employee of a facility" means a person who is an employee of a facility defined by Section 250.001,
Health and Safety Code, or any other person who provides services for a facility for compensation,
including a contract laborer.
(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.
(e)  It is an affirmative defense to prosecution under Subsection (a)(2) that:
(1)  the actor was not more than three years older than the victim and at the time of the offense:
(A)  was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender;  or
(B)  was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or
adjudication for an offense under this section;  and
(2)  the victim:
(A)  was a child of 14 years of age or older;  and
(B)  was not a person whom the actor was prohibited from marrying or purporting to marry or with whom
the actor was prohibited from living under the appearance of being married under Section 25.01.
(f)  An offense under this section is a felony of the second degree, except that an offense under this section
is a felony of the first degree if the victim was a person whom the actor was prohibited from marrying or
purporting to marry or with whom the actor was prohibited from living under the appearance of be
Sec. 22.015. COERCING, SOLICITING, OR INDUCING GANG MEMBERSHIP.  (a) In this section:
(1)  "Child" means an individual younger than 17 years of age.
(2)  "Criminal street gang" has the meaning assigned by Section 71.01.
(b)  A person commits an offense if, with intent to coerce, induce, or solicit a child to actively participate in
the activities of a criminal street gang, the person:
(1)  threatens the child with imminent bodily injury;  or
(2)  causes bodily injury to the child.
(c)  An offense under Subsection (b)(1) is a state jail felony.  An offense under Subsection (b)(2) is a felony
of the third degree.
Added by Acts 1999, 76th Leg., ch. 708, Sec. 1, eff. Sept. 1, 1999.
.
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