SHORT TITLE. Jan. 1, 1974. , (a-1) A person commits an offense if the person is an … (8) "Bodily injury" means physical pain, illness, or any impairment of physical condition. (Culpable Mental States). (42) “Reasonable belief” means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor. Sept. 1, 1994. How Far Does the First Amendment Go to Protect Violent Speech? It now covers people who operate boarding homes, and the list of disabilities … CONSTRUCTION OF CODE. (8-a) “Civil commitment facility” means a facility owned, leased, or operated by the state, or by a vendor under contract with the state, that houses only persons who have been civilly committed as sexually violent predators under Chapter 841, Health and Safety Code. 530, Sec. Sec. Whenever the term “suspect” is used in this code, it means “actor.”. 34 (S.B. (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. (2) “Actor” means a person whose criminal responsibility is in issue in a criminal action. 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) (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. 1, eff. (3) intentionally or knowingly causes physical contact with another when the … 997, Sec. 900, Sec. (2) "Actor" means a person whose criminal responsibility is in issue in a criminal action. Texas Penal Code § 1.07(a)(8) provides that "`[b]odily injury' means physical pain, illness, or any impairment of physical condition." 1, eff. The offense was expanded in 2017 with H.B. . These terms are defined within Texas Penal Code Title 1 Chapter 1. (F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action. COMPUTATION OF AGE. ASSAULT. 87, Sec. (19) "Effective consent" includes consent by a person legally authorized to act for the owner. PENAL CODE ANN. (40) "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. (33) “Official proceeding” means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant. (46-b) “Federal special investigator” means a person described by . Search Texas Statutes. September 1, 2019. (38) "Person" means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. (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. (C) any branch or agency of the state, a county, municipality, or political subdivision. Internet Explorer 11 is no longer supported. (46) "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. A person attains a specified age on the day of the anniversary of his birthdate. Conduct causes bodily injury Conduct against someone defined by Texas Family Code Previous conviction of offense under penal code Ch. OBJECTIVES OF CODE. Report Says Lawyers Will Discover a New Normal in 2021, 2021 May Bring Pro-Labor and Unionization Movement in Tech. (b) If the offense is criminal homicide, a "result" is either the physical impact causing death or the death itself. § 1.07(a)(8). 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. Sept. 1, 1994. (D) given solely to detect the commission of an offense. (D) the negation of any exception to the offense. 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." (37) “Penal institution” means a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense. Definitions on Westlaw, industry-leading online legal research system. (F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so. This section shall apply only as long as the law governing the conduct proscribed by this code is legally enforceable. Pai… Sec. (23) "Felony" means an offense so designated by law or punishable by death or confinement in a penitentiary. (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. Acts 1973, 63rd Leg., p. 883, ch. 1, eff. … (27) Repealed by (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. (F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so. PREEMPTION. (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. 1969), Sec. (25) "Harm" means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. A serious bodily injury is defined under Texas Penal Code § 1.07(46) as . (A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or. The term includes a check, an electronic debit, or an automatic bank draft. (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. (26) “Individual” means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. (F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action. It can take place in 2 ways. September 1, 2009. (8) “ Bodily injury ” means physical pain, illness, or any impairment of physical condition. (3) is committed to or lawfully detained in a secure correctional facility, as defined by Section 51.02, Family Code, other than a halfway house, operated by or under contract with the Texas Juvenile Justice Department. A person commits assault if he intentionally, knowingly, or recklessly causes bodily injury to another person. (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. 1.05. 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 Amended by Acts 1993, 73rd Leg., ch. 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. 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