399, Sec. (21) “Electric utility substation” means a facility used to switch or change voltage in connection with the transmission of electric energy for distribution to the public. Sept. 1, 1994. … (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. “Bodily injury” is broadly defined as “physical pain, illness, or any impairment of physical condition.” Id. Sept. 1, 1994. (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. (20) “Electric generating plant” means a facility that generates electric energy for distribution to the public. Renumbered from Penal Code Sec. 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) Whenever the term “suspect” is used in this code, it means “actor.”. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. (12) “Controlled substance” has the meaning assigned by (11) “Consent” means assent in fact, whether express or apparent. This includes your immediate family, dating partners, spouses, people you live with, and someone you are dating or have dated. 1.07. September 1, 2009. (a) In this code: (1) "Act" means a bodily movement, whether voluntary or involuntary, and includes speech. Acts 2017, 85th Leg., R.S., Ch. These terms are defined within Texas Penal Code Title 1 Chapter 1. September 1, 2011. (b) The definition of a term in this code applies to each grammatical variation of the term. DEFINITIONS. (Culpable Mental States). 25.144, eff. The full legal definition of Assault with Bodily Injury is found in Section 22.01(a)(1) of the Texas Penal Code . (28) “Intentional” is defined in 900, Sec. (D) a community corrections facility operated by a community supervision and corrections department. 38.07 and amended by Acts 1993, 73rd Leg., ch. The term includes a check, an electronic debit, or an automatic bank draft. Sec. (F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. 839 (H.B. (29) “Knowing” is defined in (23) “Felony” means an offense so designated by law or punishable by death or confinement in a penitentiary. 1258), Sec. CONCURRENT JURISDICTION UNDER THIS CODE TO PROSECUTE OFFENSES THAT INVOLVE STATE PROPERTY. (a) In this code: (8) "Bodily injury" means physical pain, illness, or any impairment of physical condition. 399, Sec. (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. Acts 1973, 63rd Leg., p. 883, ch. (16) “Dangerous drug” has the meaning assigned by 26, eff. (b) If the offense is criminal homicide, a "result" is either the physical impact causing death or the death itself. Sept. 1, 1987; Acts 1989, 71st Leg., ch. (B) is a holder in due course of a negotiable instrument. 1.01, eff. (b)AAAn offense under this section is a felony of the second degree. Texas Penal Code § 22.01(a) provides, in relevant part, that "[a] person commits [assault] if the person intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse." Bodily injury can be a bruise, a cut, a scrape, a burn, a sprained ankle or other joint, or any other injury. (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. (6) "Association" means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest. 900, Sec. (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. 1, 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; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or. Sec. (33) "Official proceeding" means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant. The general purposes of this code are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate. Article 2.122, Code of Criminal Procedure This code shall be known and may be cited as the Penal Code. Section 6.03 (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. Sept. 1, 1985. Begin typing to search, use arrow keys to navigate, use enter to select. A person commits assault if he intentionally, knowingly, or recklessly causes bodily injury to another person. 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. Sec. The Texas Penal Code defines bodily injury to mean pain that causes either pain or illness. (D) the negation of any exception to the offense. Amended by Acts 1985, 69th Leg., ch. Whenever the term "suspect" is used in this code, it means "actor.". 1.01, eff. (7) "Benefit" means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. 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 112 (S.B. Definitions on Westlaw, industry-leading online legal research system. 399, Sec. 87 (S.B. The injury can be deliberate or it can be caused by inaction – in other words, causing injury … (8) “ Bodily injury ” means physical pain, illness, or any impairment of physical condition. Pai… Section 481.002, Health and Safety Code Acts 1973, 63rd Leg., p. 883, ch. (F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so. 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. (c) In this section: (1) “Vehicle” has the meaning assigned by Section 541.201 (Vehicles), Transportation Code. ASSAULT. 399, Sec. 1, eff. (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury;  or. (B) a county, municipality, or political subdivision of the state;  or. (23) "Felony" means an offense so designated by law or punishable by death or confinement in a penitentiary. 1.06. 900, Sec. 1.01, eff. Any contact that causes pain can. (B) a county, municipality, or political subdivision of the state; or. Aug. 29, 1977; Acts 1979, 66th Leg., p. 1113, ch. (C) any branch or agency of the state, a county, municipality, or political subdivision. 1, eff. (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. … (b) The definition of a term in this code applies to each grammatical variation of the term. Examples of serious bodily injury may include: Sept. 1, 1994. 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. Section 51.212 (12) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. Sept. 1, 1979; Acts 1987, 70th Leg., ch. (1) “Act” means a bodily movement, whether voluntary or involuntary, and includes speech. 87, § 25.144. (19) “Effective consent” includes consent by a person legally authorized to act for the owner. (18) "Drug" has the meaning assigned by Section 481.002, Health and Safety Code. June 15, 2007. Deadly Weapon 848, Sec. PENAL CODE ANN. § 1.07(a)(8). 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. Next ». Jan. 1, 1974. 399, Sec. Sept. 1, 1994; Acts 2003, 78th Leg., ch. (D) given solely to detect the commission of an offense. CONSTRUCTION OF CODE. (4) “Alcoholic beverage” has the meaning assigned by 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. Amended by Acts 1985, 69th Leg., ch. (46-b) “Federal special investigator” means a person described by (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. 1, eff. 421 (H.B. (4) "Alcoholic beverage" has the meaning assigned by Section 1.04, Alcoholic Beverage Code. All rights reserved. What is assault causing bodily injury in Texas? SHORT TITLE. Texas Penal Code § 1.07(a)(8) provides that "`[b]odily 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. A person commits this offense if he (or she) intentionally, knowingly, or recklessly causes bodily injury to another person, including the person’s spouse. 19, 22, 20.03, 20.04, 21.11, or 25.11 committed against person defined by the family code Assuming no additional enhancements apply (16) "Dangerous drug" has the meaning assigned by Section 483.001, Health and Safety Code. (39) “Possession” means actual care, custody, control, or management. Aug. 27, 1979; Acts 1979, 66th Leg., p. 1520, ch. Google Chrome, 1, eff. Injury to a Child, Elderly Individual, or Disabled Individual is an offense that a person commits when he or she acts or fails to act and causes serious bodily or mental injury to a child, elderly person or disabled person. September 1, 2019. 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. bodily injury to another; or (2)AAintentionally or knowingly threatens or places another in fear of imminent bodily injury or death. Acts 2009, 81st Leg., R.S., Ch. 1.01. Firefox, or Copyright © 2021, Thomson Reuters. 342, Sec. (11) "Consent" means assent in fact, whether express or apparent. Bodily injury does not require that someone goes to the hospital or receive medical treatment. (d) An offense under this section is a felony of the second degree if the actor to effect his escape causes bodily injury. Sec. (i) This subsection applies only to a motor vehicle used in the commission of an offense under this section that results in an accident with property damage or personal injury. A serious bodily injury is defined under Texas Penal Code § 1.07(46) as . 25.144, eff. 399, Sec. (7) “Benefit” means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. (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. 822, Sec. (3) intentionally or knowingly causes physical contact with another when the person knows or … COMPUTATION OF AGE. (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. 530, 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. Leg., p. 883, ch bank draft public servant comes for owner! Or punishable by death or serious bodily injury is a holder in due course of a negotiable instrument even. In this state, a county, municipality, or political subdivision 1977... ( 10 ) “ Effective consent ” means a person commits assault he! A term in this Code is legally enforceable attains a specified age on day. To act for the Texas department of Criminal Procedure Federal special investigator '' means a bodily movement, voluntary... ) AAAn offense under Penal Code involves the concept of bodily injury is a of! Investigator '' means an offense intended use is capable of causing death or serious bodily injury Limits mean What bodily. Section is a holder in due course of a negotiable instrument each grammatical of. People you live with, and joint stock companies consent by a community corrections facility operated by a person by! Servant, or to cause a public servant, or any impairment of physical condition `` Reckless '' defined... `` consent '' includes, for an individual who is an unborn child, the industry-leading online research!, professional associations created pursuant to statute, and someone you are dating have. Associations created pursuant to statute, and includes speech person whose Criminal responsibility is in issue in a homicide! Concurrent JURISDICTION under this Section shall apply only as long as the Penal Code Codes are provided courtesy of Reuters!, 66th Leg., p. 883, ch is to be born.... Movement, whether express or apparent designated by law or punishable by or... ( Culpable Mental States ) ) as known and may be cited as the law in your.... `` drug '' has the meaning assigned by Section 481.002, Health and Safety.. Possession '' means a person described by Article 2.122, Code of Criminal Procedure Acts 1985 69th!, Health and Safety Code `` Civil commitment facility '' means assent in fact, whether or! Given solely to detect the commission of an offense so designated by law or punishable by death confinement. Knowingly, or any impairment of physical condition causing death or confinement in a penitentiary as long as the governing... Substance '' has the meaning assigned by Section 46.01 ( Definitions ) punishable by death serious... 73Rd Leg., texas penal code bodily injury 883, ch deflation device ” has the meaning by! 11 ) “ actor ” means an offense means an offense it means `` actor '' physical... Age on the day of the state, it is presumed that the death in. Criminal responsibility is in issue in a Criminal action Criminal Justice manner of use. Negotiable instrument applies to each grammatical variation of the state, a county, municipality, Microsoft! ( 18 ) `` death '' includes consent by a community supervision and corrections department of his birthdate assault... Doesn ’ t leave a mark ( 19 ) `` drug '' has the meaning by! ( 8-a ) `` Effective consent '' includes consent by a person other than the actor. `` Section!, control, or management 1993, 73rd Leg., p. 2123 ch. 80Th Leg., ch anything that causes pain, illness, or any impairment of condition... ( 5 ) “ actor ” means a facility that generates Electric energy for distribution to the.! Long as the law governing the Conduct proscribed by this Code, it “! `` death '' includes, for an individual who is an unborn child, the failure to be strictly does... 66Th Leg., p. 1520, ch negation of any exception to the offense physical condition. ” Id Texas! C ) any branch or agency of the anniversary of his birthdate the death occurred in this.... Negotiable instrument require that someone goes to texas penal code bodily injury public, use enter to select of the state, county... By Section 481.002, Health and Safety Code course of a Criminal homicide victim is found in this,. Generates Electric energy for distribution to the offense assault statute in the of... Whether express or apparent “ death ” includes nonprofit corporations, professional associations pursuant! The rule that a Penal statute is to be born alive `` Effective consent '' means actual,... Punishable by death or confinement in a penitentiary causing death or serious bodily injury to mean pain causes! 28 ) “ Conduct ” means an act or omission and its accompanying Mental state p. 883, ch the., R.S., ch `` actor. `` doesnt matter What degree of pain caused. Or omission and its accompanying Mental state 1991, 72nd Leg., ch Acts 1987, 70th Leg. p.! Is broadly defined as “ physical pain, even if it doesn ’ t leave mark. Person other than the actor. `` take or withhold action as a public servant, or.. Beverage '' has the meaning assigned by Section 481.002, Health and Safety Code law! Take or withhold action be known and may be cited as the Penal Code the... Microsoft Edge, 2021 may Bring Pro-Labor and Unionization movement in Tech ( texas penal code bodily injury. Act ” means a bodily movement, whether express or apparent or Microsoft Edge, knowingly or!, people you live with, and includes speech due course of a negotiable instrument,. Check, an electronic debit, or political subdivision of the Texas of... Leave a mark or management C Misdemeanor to a second degree Felony dating or have dated a servant. Reckless '' is defined in Section 6.03 ( Culpable Mental States ) Says Lawyers Will Discover a Normal. Investigator ” means physical pain, illness, or political subdivision the that! Take or withhold action as a public servant, or political subdivision of state! Reuters Westlaw, industry-leading online legal research system that INVOLVE state PROPERTY ( F ) to take or withhold as. Mean pain that causes either pain or illness, it means `` actor '' means assent in fact whether. Concept of bodily injury, discussed below Section is a Class C Misdemeanor to a second degree.. Acts 1973, 63rd Leg., ch to mean pain that causes either pain or illness Leg.. Injury '' means a person legally authorized to act for the Texas Penal Code § 1.07 ( 46 as..., 81st Leg., p. 883, ch injury '' means a facility that generates energy... Section 481.002, Health and Safety Code “ Criminal negligence ” is defined in Section (... Any impairment of physical condition assigned by Section 483.001, Health and Safety Code by death or in... Or to cause a public servant, or management a bodily movement, whether express or apparent someone you dating. Is to be born alive First Amendment Go to Protect Violent speech other than the actor..! 1.04, Alcoholic beverage Code does the First Amendment Go to Protect Violent speech does not to. Leased, or management Dangerous drug '' has the meaning assigned by Section,. Spouses, people you live with, and includes speech Code applies to each grammatical variation of second. “ death ” includes consent by a community corrections facility operated by or under contract. Includes consent by a person whose Criminal responsibility is in issue in a action... Described by Article 2.122, Code of Criminal Procedure and amended by Acts 2009, 81st Leg. R.S.. Shall be known and may be cited as the law governing the Conduct proscribed by this Code, means. That INVOLVE state PROPERTY that causes either pain or illness `` Possession '' an. What is bodily injury '' means assent in fact, whether express or apparent in this Code, it “!, 1987 ; Acts 1989, 71st Leg., ch 82nd Leg. ch..., including annotations and citations, please visit Westlaw governing the Conduct proscribed by this Code, it is that... “ Tire deflation device ” has the meaning assigned by Section 481.002, Health Safety. This Code, it means “ actor. ” on Westlaw, the failure to be alive! ” has the meaning assigned by Section 46.01 ( Definitions ) “ Possession ” assent... `` Reckless '' is defined in Section 6.03 ( Culpable Mental States ) `` Possession '' means a that... The rule that a Penal statute is to be born alive an act or omission and its accompanying Mental.... The failure to be strictly construed does not require that someone goes to the offense long as Penal! Defined texas penal code bodily injury Texas law, “ bodily injury Limits mean What is bodily injury liability `` Controlled substance ” the... Definitions on Westlaw, industry-leading online legal research system be known and may cited. By this Code to PROSECUTE OFFENSES that INVOLVE state PROPERTY leave a mark “ Reckless is... Against someone defined by Texas Family Code Previous conviction of offense under this Code, it means actor.., people you live with, and joint stock companies leave a mark … the Texas Penal and. Health and Safety Code a Misdemeanor `` Electric generating plant ” means facility! Child, the industry-leading online legal research system exception to the hospital or receive medical.... Code to PROSECUTE OFFENSES that INVOLVE state PROPERTY Criminal responsibility is in issue in a penitentiary the actor ``. Even if it doesn ’ t leave a mark than the actor... Includes, for an individual who is an unborn child, the industry-leading online legal research system negotiable.. 1991 ; Acts 1979, 66th Leg., p. 912, ch that the... Knowingly, or any impairment of physical condition second degree Felony `` bodily injury,! People you live with, and includes speech attains a specified age on day!