(7) “Benefit” means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. (11) "Consent" means assent in fact, whether express or apparent. (4) "Alcoholic beverage" has the meaning assigned by Section 1.04, Alcoholic Beverage Code. For more detailed codes research information, including annotations and citations, please visit Westlaw. , or other law. Added by Acts 2007, 80th Leg., R.S., 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. How Far Does the First Amendment Go to Protect Violent Speech? 399, Sec. (C) any branch or agency of the state, a county, municipality, or political subdivision. (15) “Criminal negligence” is defined in 87, Sec. (D) a community corrections facility operated by a community supervision and corrections department. 530, Sec. (D) the negation of any exception to the offense. (a) Conduct does not constitute an offense unless it is defined as an offense by statute, municipal ordinance, order of a county commissioners court, or rule authorized by and lawfully adopted under a statute. 1969), Sec. 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 Any contact that causes pain can. (8) "Bodily injury" means physical pain, illness, or any impairment of physical condition. (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. Sept. 1, 1994. (F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so. 1, eff. another suffers serious bodily injury as a direct result of the actor’s use of a tire deflation device while the actor is in flight. (19) “Effective consent” includes consent by a person legally authorized to act for the owner. or Acts 1973, 63rd Leg., p. 883, ch. What is assault causing bodily injury in Texas? Amended by Acts 1993, 73rd Leg., ch. 1.01, eff. Acts 1973, 63rd Leg., p. 883, ch. Section 481.002, Health and Safety Code 3019 passing in the 85th Legislature. The basic assault statute in the Texas Penal Code involves the concept of bodily injury. Definitions on Westlaw, industry-leading online legal research system. (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. (20) “Electric generating plant” means a facility that generates electric energy for distribution to the public. , Sept. 1, 1987; Acts 1989, 71st Leg., ch. The definition of bodily injury in Texas is quite broad and can found under Texas Penal Code Section 1.07(8). Serious Bodily Injury is defined by Section 1.07 of the Texas Penal Code as "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." Acts 1973, 63rd Leg., p. 883, ch. (19) "Effective consent" includes consent by a person legally authorized to act for the owner. September 1, 2019. Sept. 1, 1979; Acts 1987, 70th Leg., ch. Jan. 1, 1974. (4) the conduct inside this state constitutes an attempt, solicitation, or conspiracy to commit, or establishes criminal responsibility for the commission of, an offense in another jurisdiction that is also an offense under the laws of this state. (18) "Drug" has the meaning assigned by Section 481.002, Health and Safety Code. (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. (C) any branch or agency of the state, a county, municipality, or political subdivision. (6) "Association" means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest. (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. Bodily Injury From Car Accident What Does Bodily Injury Limits Mean What is bodily injury liability? 839 (H.B. OBJECTIVES OF CODE. (29) “Knowing” is defined in (49) "Death" includes, for an individual who is an unborn child, the failure to be born alive. 1.01, eff. (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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 38.07 and amended by Acts 1993, 73rd Leg., ch. Under Texas law, “ bodily injury” could be anything that causes pain, even if it doesn’t leave a mark. (B) a county, municipality, or political subdivision of the state;  or. (b) Unless a different construction is required by the context, Sections 311.011, 311.012, 311.014, 311.015, and 311.021 through 311.032 of Chapter 311, Government Code (Code Construction Act), apply to the construction of this code. Sept. 1, 2003. (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. (a) In this code: (8) "Bodily injury" means physical pain, illness, or any impairment of physical condition. (D) given solely to detect the commission of an offense. (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. September 1, 2009. 1.06. Sec. Bodily injury can be a bruise, a cut, a scrape, a burn, a sprained ankle or other joint, or any other injury. (28) "Intentional" is defined in Section 6.03 (Culpable Mental States). EFFECT OF CODE. 5.01(a)(43), eff. 1.03. . (33) "Official proceeding" means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant. (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. (b) If the offense is criminal homicide, a "result" is either the physical impact causing death or the death itself. (D) the negation of any exception to the offense. (9) “Coercion” means a threat, however communicated: (B) to inflict bodily injury in the future on the person threatened or another; (D) to expose a person to hatred, contempt, or ridicule; (E) to harm the credit or business repute of any person;  or. 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. In Texas Penal Code Section 29.02(a)(1) a person committing a theft with intent to obtain or maintain control of property, intentionally, knowingly, or recklessly causes bodily injury … (13) “Corporation” includes nonprofit corporations, professional associations created pursuant to statute, and joint stock companies. 25.144, eff. (B) is a holder in due course of a negotiable instrument. Report Says Lawyers Will Discover a New Normal in 2021, 2021 May Bring Pro-Labor and Unionization Movement in Tech. (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. (49) “Death” includes, for an individual who is an unborn child, the failure to be born alive. (a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual: (1) serious bodily injury; (2) serious mental deficiency, impairment, or injury; or. Bodily injury is a less significant injury than serious bodily injury, discussed below. (5) "Another" means a person other than the actor. (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 … Deadly Weapon 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. 87, § 25.144. (3) September 1, 2017. (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. Acts 2019, 86th Leg., R.S., Ch. (43) "Reckless" is defined in Section 6.03 (Culpable Mental States). 900, Sec. 543, Sec. 421 (H.B. (13) "Corporation" includes nonprofit corporations, professional associations created pursuant to statute, and joint stock companies. . (c) In this section: (1) “Vehicle” has the meaning assigned by Section 541.201 (Vehicles), Transportation Code. Jan. 1, 1974. Sec. A person commits assault if he intentionally, knowingly, or recklessly causes bodily injury to another person. 399, Sec. 25.144, eff. 1.04. (b) The definition of a term in this code applies to each grammatical variation of the term. (7) "Benefit" means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. The full legal definition of Assault with Bodily Injury is found in Section 22.01(a)(1) of the Texas Penal Code . (4) “Alcoholic beverage” has the meaning assigned by Amended by Acts 1985, 69th Leg., ch. Sec. (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. 342, Sec. (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. Chapter 71 of the Texas Family Code broadly considers family member and household member to encompass people you are related to both by blood and by affinity. (38) "Person" means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. 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. Jan. 1, 1974. Acts 1973, 63rd Leg., p. 883, ch. (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury;  or. (8) "Bodily injury" means physical pain, illness, or any impairment of physical condition. Article 2.122, Code of Criminal Procedure (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. (b)AAAn offense under this section is a felony of the second degree. Examples of serious bodily injury may include: 2031), 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) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; (2) 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. Acts 2009, 81st Leg., R.S., Ch. § 22.01(a)(1). 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. (23) "Felony" means an offense so designated by law or punishable by death or confinement in a penitentiary. bodily injury to another; or (2)AAintentionally or knowingly threatens or places another in fear of imminent bodily injury or death. Jan. 1, 1974. (3) "Agency" includes authority, board, bureau, commission, committee, council, department, district, division, and office. (3) intentionally or knowingly causes physical contact with another when the person knows or … Aug. 28, 1989; Acts 1991, 72nd Leg., ch. (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. (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. Sec. 1, eff. (D) given solely to detect the commission of an offense. Search Texas Statutes. (8) “ Bodily injury ” means physical pain, illness, or any impairment of physical condition. (10) “Conduct” means an act or omission and its accompanying mental state. 1, eff. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (b) An offense under this section is a felony of the second degree. For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if: (1) the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance methamphetamine in the presence of the child; (2) (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. Bodily injury does not require that someone goes to the hospital or receive medical treatment. Firefox, or Texas Penal Code § 1.07 (8). (D) a community corrections facility operated by a community supervision and corrections department. (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. . Acts 1973, 63rd Leg., p. 883, ch. It can take place in 2 ways. June 15, 2007. (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. 399, Sec. Jan. 1, 1974. 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. All rights reserved. . 87 (S.B. COMPUTATION OF AGE. We recommend using Serious Bodily Injury. 167, Sec. (b) The definition of a term in this code applies to each grammatical variation of the term. (29) "Knowing" is defined in Section 6.03 (Culpable Mental States). Section 6.03 PENAL CODE CHAPTER 29. 900, Sec. 399, Sec. (10) "Conduct" means an act or omission and its accompanying mental state. 1, eff. 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 SHORT TITLE. CONSTRUCTION OF CODE. The term includes a check, an electronic debit, or an automatic bank draft. § 1.07(a)(8). The injury can be deliberate or it can be caused by inaction – in other words, causing injury … (16) “Dangerous drug” has the meaning assigned by (2) “Actor” means a person whose criminal responsibility is in issue in a criminal action. (25) "Harm" means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. (28) “Intentional” is defined in 69, eff. charge to a non-violent offense. Bodily injury simply means causing someone pain. (d) An offense under this section is a felony of the second degree if the actor to effect his escape causes bodily injury. The offense was expanded in 2017 with H.B. Aug. 27, 1979; Acts 1979, 66th Leg., p. 1520, ch. Begin typing to search, use arrow keys to navigate, use enter to select. (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. Section 6.03 (46-b) “Federal special investigator” means a person described by It doesnt matter what degree of pain is caused. CONCURRENT JURISDICTION UNDER THIS CODE TO PROSECUTE OFFENSES THAT INVOLVE STATE PROPERTY. (37) "Penal institution" means a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense. Amended by Acts 1993, 73rd Leg., ch. DEFINITIONS. 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. (36) “Peace officer” means a person elected, employed, or appointed as a peace officer under (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. A person attains a specified age on the day of the anniversary of his birthdate. (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. Sept. 1, 1975; Acts 1977, 65th Leg., p. 2123, ch. Sec. 1, eff. 563), Sec. (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. 1, eff. No governmental subdivision or agency may enact or enforce a law that makes any conduct covered by this code an offense subject to a criminal penalty. 1.08. 900, Sec. (12) “Controlled substance” has the meaning assigned by (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. 19, 22, 20.03, 20.04, 21.11, or 25.11 committed against person defined by the family code Assuming no additional enhancements apply Sept. 1, 1994. 1, eff. (B) a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice. 26, eff. 1, eff. (6) “Association” means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest. To this end, the provisions of this code are intended, and shall be construed, to achieve the following objectives: (1) to insure the public safety through: (A) the deterrent influence of the penalties hereinafter provided; (B) the rehabilitation of those convicted of violations of this code; and. Amended by Acts 1975, 64th Leg., p. 912, ch. If the body of a criminal homicide victim is found in this state, it is presumed that the death occurred in this state. (Culpable Mental States). 2.01, eff. 1, eff. 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. 1.01, eff. (C) such punishment as may be necessary to prevent likely recurrence of criminal behavior; (2) by definition and grading of offenses to give fair warning of what is prohibited and of the consequences of violation; (3) to prescribe penalties that are proportionate to the seriousness of offenses and that permit recognition of differences in rehabilitation possibilities among individual offenders; (4) to safeguard conduct that is without guilt from condemnation as criminal; (5) to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of persons suspected, accused, or convicted of offenses; and. 399, Sec. 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. 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." 479, Sec. … 1, eff. The punishment level of a Simple Assault charge varies from a Class C Misdemeanor to a Second Degree Felony. (43) “Reckless” is defined in (2) a reference to a subchapter, subsection, subdivision, paragraph, or other numbered or lettered unit without further identification is a reference to a unit of the next-larger unit of this code in which the reference appears. 1, eff. (F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action. 399, Sec. A serious bodily injury is defined under Texas Penal Code § 1.07(46) as . (b) The provisions of Titles 1, 2, and 3 apply to offenses defined by other laws, unless the statute defining the offense provides otherwise; however, the punishment affixed to an offense defined outside this code shall be applicable unless the punishment is classified in accordance with this code. Article 2.12, Code of Criminal Procedure Sec. 1, eff. 1, eff. Sept. 1, 1994. (a) In this code: (1) "Act" means a bodily movement, whether voluntary or involuntary, and includes speech. 1, eff. (8-a) "Civil commitment facility" means a facility owned, leased, or operated. (26) “Individual” means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. (12) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. 900, Sec. (37) “Penal institution” means a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense. Sec. (38) “Person” means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. Section 483.001, Health and Safety Code (39) "Possession" means actual care, custody, control, or management. (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. 997, Sec. Whenever the term “suspect” is used in this code, it means “actor.”. Conduct causes bodily injury Conduct against someone defined by Texas Family Code Previous conviction of offense under penal code Ch. (46-b) "Federal special investigator" means a person described by Article 2.122, Code of Criminal Procedure. (B) is a holder in due course of a negotiable instrument. 1.01, eff. 112 (S.B. (23) “Felony” means an offense so designated by law or punishable by death or confinement in a penitentiary. 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. causes serious bodily injury; or (2) uses or threatens to use a deadly weapon. In Texas, Assault Causing Bodily Injury is a Class A misdemeanor. This includes your immediate family, dating partners, spouses, people you live with, and someone you are dating or have dated. Texas Penal Code § 1.07(a)(8) provides that "`[b]odily injury' means physical pain, illness, or any impairment of physical condition." 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