(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. (16) “Dangerous drug” has the meaning assigned by “Bodily injury” is broadly defined as “physical pain, illness, or any impairment of physical condition.” Id. 1576), Sec. 900, Sec. Sept. 1, 1994; Acts 2003, 78th Leg., ch. (Culpable Mental States). The Texas Penal Code defines bodily injury to mean pain that causes either pain or illness. Examples of serious bodily injury may include: 25.144, eff. September 1, 2011. Amended by Acts 1985, 69th Leg., 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. (a-1) A person commits an offense if the person is an … (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. (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. 1, eff. 1.02. 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 (28) "Intentional" is defined in Section 6.03 (Culpable Mental States). September 1, 2017. (15) "Criminal negligence" is defined in Section 6.03 (Culpable Mental States). (11) “Consent” means assent in fact, whether express or apparent. (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. It doesnt matter what degree of pain is caused. (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. Section 6.03 Acts 1973, 63rd Leg., p. 883, ch. (8) "Bodily injury" means physical pain, illness, or any impairment of physical condition. 1, eff. Sec. TERRITORIAL JURISDICTION. (13) "Corporation" includes nonprofit corporations, professional associations created pursuant to statute, and joint stock companies. causes serious bodily injury; or (2) uses or threatens to use a deadly weapon. (42) "Reasonable belief" means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor. (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. . (2) “Actor” means a person whose criminal responsibility is in issue in a criminal action. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 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. PENAL CODE ANN. … Sept. 1, 1994. 1.01, eff. Texas Penal Code Chapter 29.02 . (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. We recommend using Bodily injury is a less significant injury than serious bodily injury, discussed below. 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. 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. 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. (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. 1.09. (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. 378 (S.B. Jan. 1, 1974. (5) “Another” means a person other than the actor. Acts 1973, 63rd Leg., p. 883, ch. Jan. 1, 1974. (D) a community corrections facility operated by a community supervision and corrections department. (b)AAAn offense under this section is a felony of the second degree. September 1, 2009. (c) In this section: (1) “Vehicle” has the meaning assigned by Section 541.201 (Vehicles), Transportation Code. (33) "Official proceeding" means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant. aault, case, felony, degree, texas, fine, aaulting, misdemeanor, attorney, judge. (D) given solely to detect the commission of an offense. What is assault causing bodily injury in Texas? Acts 2019, 86th Leg., R.S., 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. 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. (F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action. If the body of a criminal homicide victim is found in this state, it is presumed that the death occurred in this state. (49) “Death” includes, for an individual who is an unborn child, the failure to be born alive. 1, eff. (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. (Culpable Mental States). . (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. (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. Amended by Acts 1993, 73rd Leg., ch. 399, Sec. (27) Repealed by (a) The rule that a penal statute is to be strictly construed does not apply to this code. A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; (2) TEX. (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or. 1.01, eff. September 1, 2009. (36) “Peace officer” means a person elected, employed, or appointed as a peace officer under PREEMPTION. (37) “Penal institution” means a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense. Renumbered from Penal Code Sec. 1.03. (39) "Possession" means actual care, custody, control, or management. (8-a) "Civil commitment facility" means a facility owned, leased, or operated. (18) "Drug" has the meaning assigned by Section 481.002, Health and Safety Code. 1, eff. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. Simple Assault & Bodily Injury in Texas Penal Code Elements & Punishments §22.01(a)(1) Tex Penal Code – Causes Bodily Injury. The term includes a check, an electronic debit, or an automatic bank draft. Pai… Acts 2009, 81st Leg., R.S., Ch. Under Texas law, “ bodily injury” could be anything that causes pain, even if it doesn’t leave a mark. (3) It now covers people who operate boarding homes, and the list of disabilities … (23) “Felony” means an offense so designated by law or punishable by death or confinement in a penitentiary. 900, Sec. Texas Penal Code § 1.07(a)(8) provides that "`[b]odily injury' means physical pain, illness, or any impairment of physical condition." (b) The definition of a term in this code applies to each grammatical variation of the term. This includes your immediate family, dating partners, spouses, people you live with, and someone you are dating or have dated. A person attains a specified age on the day of the anniversary of his birthdate. How Far Does the First Amendment Go to Protect Violent Speech? 399, Sec. (29) "Knowing" is defined in Section 6.03 (Culpable Mental States). (Culpable Mental States). (10) "Conduct" means an act or omission and its accompanying mental state. June 15, 2007. Sec. If death alone is the basis for jurisdiction, it is a defense to the exercise of jurisdiction by this state that the conduct that constitutes the offense is not made criminal in the jurisdiction where the conduct occurred. Section 6.03 822, Sec. 1.08. , Jan. 1, 1974. (33) “Official proceeding” means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant. 1, eff. Aug. 29, 1977; Acts 1979, 66th Leg., p. 1113, ch. (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. Internet Explorer 11 is no longer supported. A person commits assault if he intentionally, knowingly, or recklessly causes bodily injury to another person. This section shall apply only as long as the law governing the conduct proscribed by this code is legally enforceable. The full legal definition of Assault with Bodily Injury is found in Section 22.01(a)(1) of the Texas Penal Code . (b) The definition of a term in this code applies to each grammatical variation of the term. 399, Sec. 1.05. 1, eff. § 1.07(a)(8). (B) serious bodily injury, as defined by Section 1.07, Penal Code, to a person is a felony of the third degree;  and (2) involving an accident resulting in injury to which Subdivision (1) does not apply is … Amended by Acts 1975, 64th Leg., p. 912, ch. 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 848, Sec. 69, eff. , or other law. 1.01, eff. Array The definition of public servant comes for the Texas Penal Code and can be found. Acts 1973, 63rd Leg., p. 883, ch. (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. (C) any branch or agency of the state, a county, municipality, or political subdivision. 1, eff. ASSAULT. Texas statutes define serious bodily injury as any physical injury that causes a “substantial” risk of death, causes death, causes serious permanent disfigurement, or results in the loss or impairment of any bodily function. Deadly Weapon If you have been arrested for. Jan. 1, 1974. 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. The provisions of this code shall be construed according to the fair import of their terms, to promote justice and effect the objectives of the code. Acts 2017, 85th Leg., R.S., Ch. (3) bodily injury. 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. 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