Added by Acts 1983, 68th Leg., p. 5312, ch. Acts 2011, 82nd Leg., R.S., Ch. (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 those subsections is a conviction of the offense listed. Sept. 1, 1983. (1) "Child" means an individual younger than 17 years of age. The offender doesnt lose any of his or her civil rights in the event of a misdemeanor conviction, such as a DWI (first or second offense), simple assault, or theft. Sept. 1, 1987; Acts 1989, 71st Leg., ch. In some ORS sections, the legislature has left some outline levels empty. DEFINITIONS. 873 (S.B. Sept. 1, 1994; Acts 1997, 75th Leg., ch. After the offender serves at least 25 percent of his or sentence (for most criminal charges), its possible to apply for parole in Texas. (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, violence, or coercion; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to 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; (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; (12) the actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor; (13) the actor is a coach or tutor who causes the other person to submit or participate by using the actor's power or influence to exploit the other person's dependency on the actor; or. Misdemeanor Class. September 1, 2021. 161 (S.B. 554), Sec. September 1, 2017. (b) An offense under this section is a Class C misdemeanor. 16, Sec. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. April 14, 1987; Acts 1987, 70th Leg., ch. 878, Sec. (c) Conspiring to commit an offense under this section is of the same degree as the most serious offense listed in Subsection (a) that the person conspired to commit. 688), Sec. 1, eff. 819, Sec. Have you been charged with a misdemeanor in the state of Texas? Sec. Sec. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 388, Sec. 770 (H.B. However, charges can be elevated to a felony if there is a prior family violence conviction or it involves the choking of a family member or use of a weapon. Sept. 1, 1994; Acts 1995, 74th Leg., ch. If a repeat offense is involved, the sentencing parameters for the offense are likely to increase: A second or later misdemeanor offense may be charged as a felony. Deferred adjudication doesnt mean the defendant was found guilty or convicted of an offense. Any misdemeanor that is not designated as Class A, B, or C, and has no specified punishment is a Class C misdemeanor. 788 (S.B. (c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b). 12.03, 12.23). 1, eff. A conviction for first-time domestic assault is a Class A misdemeanor. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 8, eff. Class A misdemeanor "Bodily injury" means physical pain, illness, or any impairment of physical condition - Texas Penal Code 1.07(8); Punishment is up to 1 year of jail and up to $4,000 fine; (b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), (2), or (3) is conduct constituting an offense under this section if: (1) the actor has a legal or statutory duty to act; or. September 1, 2009. COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG. 1, eff. 3, eff. Acts 2017, 85th Leg., R.S., Ch. Find a Lawyer. 71.028. 659, Sec. Assault Causing Bodily Injury. 187 (S.B. 900, Sec. Enhanced Felony Punishment Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. Added by Acts 2019, 86th Leg., R.S., Ch. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. 1.18, eff. 497, Sec. September 1, 2005. 164), Sec. (Tex. 1162 (H.B. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 34, eff. 1, eff. Sec. (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: (A) 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, 21.11, or 25.11 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; or. 5, eff. (a) Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, . (e) An offense under this section is a felony of the first degree. September 1, 2015. 24), Sec. 2018), Sec. Acts 2021, 87th Leg., R.S., Ch. An Assault Bodily Injury Against a Family Member is a class A misdemeanor, punishable by up to a year in jail and a $4,000 fine if the defendant has no prior domestic violence charges. (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; (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; or. Fam. 2, eff. A traffic offense resulting in a traffic ticket and the following offenses are considered Class C misdemeanors: A judge may, at his or her discretion, additionally impose up to two years community supervision (probation) or up to three years community supervision (with extension): A Class A misdemeanor offense can also include up to two years community supervision (probation) or three years community service (with extension): The judge will consider the offenders criminal history and the case details before rendering a sentencing decision. Acts 2021, 87th Leg., R.S., Ch. 165, 88th Legislature, Regular Session, for amendments affecting the following section. (d) At the punishment stage of a trial, the defendant may raise the issue as to whether in voluntary and complete renunciation of the offense he withdrew from the combination before commission of an offense listed in Subsection (a) and made substantial effort to prevent the commission of the offense. 1259), Sec. Acts 1973, 63rd Leg., p. 883, ch. 1102, Sec. 840 and S.B. 346, Sec. (a) Misdemeanors are classified according to the relative seriousness of the offense into three categories: (1) Class A misdemeanors; (2) Class B misdemeanors; (3) Class C misdemeanors. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 2, eff. 1576), Sec. 782, Sec. He can assess your potential case based on Texas law, the case facts, and the assigned prosecutor and judge. (a) A person commits an offense if, with the intent to establish, maintain, or participate in a combination or in the profits of a combination or as a member of a criminal street gang, the person commits or conspires to commit one or more of the following: (1) murder, capital murder, arson, aggravated robbery, robbery, burglary, theft, aggravated kidnapping, kidnapping, aggravated assault, aggravated sexual assault, sexual assault, continuous sexual abuse of young child or disabled individual, solicitation of a minor, forgery, deadly conduct, assault punishable as a Class A misdemeanor, burglary of a motor vehicle, or unauthorized use of a motor vehicle; (2) any gambling offense punishable as a Class A misdemeanor; (3) promotion of prostitution, aggravated promotion of prostitution, or compelling prostitution; (4) unlawful manufacture, transportation, repair, or sale of firearms or prohibited weapons; (5) unlawful manufacture, delivery, dispensation, or distribution of a controlled substance or dangerous drug, or unlawful possession of a controlled substance or dangerous drug through forgery, fraud, misrepresentation, or deception; (5-a) causing the unlawful delivery, dispensation, or distribution of a controlled substance or dangerous drug in violation of Subtitle B, Title 3, Occupations Code; (6) any unlawful wholesale promotion or possession of any obscene material or obscene device with the intent to wholesale promote the same; (7) any offense under Subchapter B, Chapter 43, depicting or involving conduct by or directed toward a child younger than 18 years of age; (8) any felony offense under Chapter 32; (10) any offense under Chapter 34, 35, or 35A; (11) any offense under Section 37.11(a); (14) any offense under Section 38.06, 38.07, 38.09, or 38.11; (16) any offense under Section 46.06(a)(1) or 46.14; (17) any offense under Section 20.05 or 20.06; (18) any offense under Section 16.02; or. 461 (H.B. (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: (1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; (2) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed: (A) by a public servant acting under color of the servant's office or employment; (B) against 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; (C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; (D) against a person the actor knows is a process server while the person is performing a duty as a process server; or, (E) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or.
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