3607), Sec. Sept. 1, 2003. is a peace officer or judge while the officer or judge is lawfully discharging an Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 335, Sec. Acts 2005, 79th Leg., Ch. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 459, Sec. 2.04, eff. 773. (f) An offense under Subsection (a)(3) or (a-1)(3) is a felony of the third degree when the conduct is committed intentionally or knowingly, except that an offense under Subsection (a)(3) is a felony of the second degree when the conduct is committed intentionally or knowingly and the victim is a disabled individual residing in a center, as defined by Section 555.001, Health and Safety Code, or in a facility licensed under Chapter 252, Health and Safety Code, and the actor is an employee of the center or facility whose employment involved providing direct care for the victim. (4)Sports participant means a person who participates in any official capacity with respect to an interscholastic, Assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree: Class D felony: Two years not suspendable. Sept. 1, 1985; Acts 1987, 70th Leg., ch. (e) An offense under this section is a felony of the first degree. Felony Penalties 1, eff. According to Texas Penal Code 22.01, you could be arrested for the crime of simple assault if you intentionally, knowingly or recklessly cause bodily injury to another person, threaten another person with imminent bodily harm or cause physical contact with another person that you know is provocative or offensive. (e) An offense under Subsection (b) is a felony of the second degree if the actor abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment. Acts 1973, 63rd Leg., p. 883, ch. Texas Penal Code . 1, eff. 623 (H.B. 2, eff. 1.01, eff. 3019), Sec. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. 15.02(b), eff. Sec. Sec. (1) "Child" means a person younger than 17 years of age. who, in the course and scope of employment or as a volunteer, provide services for 187 (S.B. Domestic assault is a Class A misdemeanor if the contact caused pain (such as a slap), left physical marks (such as cuts or bruises) or resulted in lasting . entrepreneurship, were lowering the cost of legal services and Acts 2007, 80th Leg., R.S., Ch. increasing citizen access. Sec. Acts 2005, 79th Leg., Ch. Assault occurs when a 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 (3) intentionally or knowingly causes physical contact with another when the person knows or 165, Sec. (b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm. Sept. 1, 2003. 5, eff. Acts 2017, 85th Leg., R.S., Ch. 12.23. class c misdemeanor . (f)For the purposes of Subsections (b)(2)(A) and (b-3)(2): (1)a defendant has been previously convicted of an offense listed in those subsections 1019, Sec. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. (a) A person commits an offense if the person commits assault as defined in 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. if the person was wearing a distinctive uniform or badge indicating the person's employment 3, eff. (e) For purposes of Subsection (a)(3), the actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant. Current as of April 14, 2021 | Updated by FindLaw Staff. 22.05. (3) "Security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. (5) "Employee of a facility" means a person who is an employee of a facility defined by Section 250.001, Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer. 900, Sec. 1808), Sec. (2) notified in writing the Department of Family and Protective Services that the actor would no longer provide the applicable care described by Subsection (d). the offense is: (1)a Class A misdemeanor if the offense is committed under Subsection (a)(3) against 25.11 (Continuous Violence Against the Family), 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual). 38.111. improper contact with victim sec. 1158, Sec. 1029, Sec. 685 (H.B. 5, eff. Next . 22.01. 495), Sec. Added by Acts 1983, 68th Leg., p. 5312, ch. 3, eff. 594 (H.B. Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. September 1, 2009. 22.12. (e) It is an affirmative defense to prosecution under Subsection (a)(2): (1) that the actor was the spouse of the child at the time of the offense; or. (7)a person the actor knows is pregnant at the time of the offense. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. (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. or provocative. 1, eff. 1.01, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 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. knows or should reasonably believe that the other will regard the contact as offensive Added by Acts 1999, 76th Leg., ch. Acts 2005, 79th Leg., Ch. Oct. 2, 1984. You'll have to pay up to $500 if you're charged with Class C assault in Texas. (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. Contact us. 1, eff. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 194), Sec. September 1, 2007. TAMPERING WITH CONSUMER PRODUCT. 7, eff. According to Texas Penal Code, Section 22.01 (a) (3), a person has committed the misdemeanor offense of assault by contact if the person: "Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.". Sept. 1, 1995; Acts 1997, 75th Leg., ch. 3, eff. the person's spouse; or. PENAL CODE. Original Source: the person's throat or neck or by blocking the person's nose or mouth. Prev. (3)Security officer means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. September 1, 2015. 00 all the way to decades in prison. 467 (H.B. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. 12, eff. Amended by Acts 1989, 71st Leg., ch. (1)Emergency services personnel includes firefighters, emergency medical services personnel as defined by Section 1, eff. 22.06. (B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; (4) a person the actor knows is a security officer while the officer is performing a duty as a security officer; (5) a person the actor knows is emergency services personnel while the person is providing emergency services; (6) a person the actor knows is a process server while the person is performing a duty as a process server; (7) a pregnant individual to force the individual to have an abortion; or. 91), Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode; (ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person; (iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person; (iv) uses or exhibits a deadly weapon in the course of the same criminal episode; (v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or. 184), Sec. Indecent Assault. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (a) In this section: (1) "Consumer Product" means any product offered for sale to or for consumption by the public and includes "food" and "drugs" as those terms are defined in Section 431.002, Health and Safety Code. 16.003, eff. September 1, 2017. Penal Code Title 5 Texas Penal Code Sec. a service within the scope of the contract. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. 977, Sec. 357, Sec. of an official duty by the officer or employee; or. 1415, Sec. (a) A person commits an offense: (i) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or, (iii) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or. Class: Penal Code: Enhancement: Enhanced Punishment Range: Class A: 12.43(a) Prior Class A or Felony: $4,000, 90 days-1 year: Class B: 12.43(b) Prior Class A, B or Felony: $2,000, 30 days- 180 days: Class C: 12.43(c) 3 Prior Convictions of DOC or Public Intoxication or a combination : $2,000 Max and/or 180 days 7, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 22.02. (c) A person commits an offense if he knowingly or intentionally threatens to tamper with a consumer product with the intent to cause fear, to affect the sale of the consumer product, or to cause bodily injury to any person. 22.09. 14, Sec. 2, eff. 1 (S.B. 2, eff. is a conviction of the offense listed. (i) was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title; (ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and, (iii) did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or, (A) the actor was not more than three years older than the victim at the time of the offense; and. 4170), Sec. 361 (H.B. 728 (H.B. September 1, 2005. September 1, 2007. Feb. 1, 2004. Sec. An offense under Subsection (c) is a felony of the third degree. Call 738-8383 to schedule a free, no-obligation consultation to discover your options. 1, eff. 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 The criminal charge of "assault" can mean so many different things in a Texas court, ranging from a credible threat of committing violence to another person to actually inflicting serious bodily injury. September 1, 2011. The definition of assault is broad. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (14) the actor is a caregiver hired to assist the other person with activities of daily life and causes the other person to submit or participate by exploiting the other person's dependency on the actor. Continuous Violence Against the Family is a Third-Degree Felony. INDECENT ASSAULT. (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 (3 . Sexual Assault, except as provided by Subdivision (1) Arson Trafficking of Persons under Section 20A.02 (a) (1), (2), (3), or (4), Penal Code Compelling Prostitution under Section 43.05 (a) (1), Penal Code Felonies with a 7 year statute of limitation: Misapplication of fiduciary property or property of a financial institution Acts 2021, 87th Leg., R.S., Ch. 1, eff. Sec. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. If the assault also involved certain circumstances such as domestic violence, it can be considered a first degree felony with punishments that include up to life in prison. 2066), Sec. 1, 2, eff. 1006, Sec. 14, Sec. 977, Sec. Cookie Settings. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. (g)If conduct constituting an offense under this section also constitutes an offense (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. 2.08, eff. Assault by Contact According to Section 22.01 of Texas Penal Code, a person commits misdemeanor assault in Texas if he or she: intentionally, knowingly or recklessly causes bodily injury to another including their spouse (ABI and ABI-FM); intentionally or knowingly threatens another with imminent bodily injury (Assault by Threat); or of the contract, if the actor knows the person or employee is authorized by government Sept. 1, 1999; Acts 1999, 76th Leg., ch. 2005 Texas Penal Code CHAPTER 22. 784 (H.B. (i) It is an affirmative defense to prosecution under Subsection (b)(2) that before the offense the actor: (1) notified in person the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d), and notified in writing the parents or a person, other than the actor, acting in loco parentis to the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d); or. Amended by Acts 1979, 66th Leg., p. 1114, ch. 1, eff. 900, Sec. 873 (S.B. All rights reserved. Acts 1973, 63rd Leg., p. 883, ch. 91), Sec. 12.23 of the Texas Criminal Penal Code states, "An individual convicted of a Class C misdemeanor shall be punished by a fine not to exceed $500". Often, verbal threats are made in response to a challenging or tense situation, and the person making them may not mean what they say. 1, eff. Acts 2009, 81st Leg., R.S., Ch. -or-. 553, Sec. 2908), Sec. (b-2)Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony (2) is committed against a public servant. 260 (H.B. 549), Sec. 366, Sec. How Texas Penal Code Ch 22.01 Defines Assault. Sept. 1, 2003. 6), Sec. When the conduct is engaged in recklessly, the offense is a felony of the second degree. Sec. SEXUAL ASSAULT. Let's dive into the statute and see what's going on here. or staff member. September 1, 2017. September 1, 2019. 388, Sec. 29), Sec. 11, eff. DEFINITIONS. Class a assault texas penal code. of the second degree if the offense is committed against a person the actor knows 949 (H.B. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.01 Sept. 1, 1997; Acts 1997, 75th Leg., ch. (3) "Disabled individual" means a person older than 13 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self. September 1, 2007. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 1.01, eff. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. Jan. 1, 1974. . 2nd Degree Felony for Aggravated Assault. September 1, 2007. 27.01, eff. An offense under Subsection (b) is a felony of the third degree. September 1, 2005. 685 (H.B. 8.139, eff. a service within the scope of the contract; (4)a person the actor knows is a security officer while the officer is performing It also includes "dating violence," which the Code defines as assault towards someone with whom the actor is in an intimate dating relationship. Section 22.01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. (b) An offense under this section is a Class A misdemeanor. (B)in retaliation for or on account of the person's or employee's performance of 467 (H.B. commitment facility; or, (ii)in retaliation for or on account of an exercise of official power or performance (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. The Texas Penal Code defines an Aggravated Assault charge as an assault using or threatening to use a deadly weapon. (c) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or . Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 164), Sec. of the second degree if: (1)the offense is committed against a person whose relationship to or association (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. 334, Sec. 1.01, eff. (3) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth. Acts 2009, 81st Leg., R.S., Ch. 18, eff. (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. (2) uses or exhibits a deadly weapon during the commission of the assault. Class C offenses are punishable by a $500 fine, but a conviction can cause other problems. Sec. June 11, 2009. 22.041. 16, Sec. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. TITLE 5. (B)a person who contracts with the state to perform a service in a civil commitment (a) In this section, "abandon" means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability. 24, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. as a public servant or status as a security officer or emergency services personnel. DEADLY CONDUCT. 91), Sec. September 1, 2017. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 549), Sec. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, (7)a person the actor knows is pregnant at the time of the offense. 1, eff. 165, Sec. (d) An offense under Subsection (b) is a felony of the second degree unless a person suffers serious bodily injury, in which event it is a felony of the first degree. Sept. 1, 1983. a duty as a security officer; (5)a person the actor knows is emergency services personnel while the person is providing emergency services; (6)a pregnant individual to force the individual to have an abortion; or. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. 2, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (d) The defense provided by Section 22.011(d) applies to this section. 62, Sec. Criminal bodily harm includes injuries sustained by a . An offense under Subsection (a-1) is a state jail felony when the person, with criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), or (3). Sept. 1, 1987; Acts 1989, 71st Leg., ch. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. Class A misdemeanor "Bodily injury" means physical pain, illness, or any impairment of physical condition - Texas Penal Code 1.07(8); (b) An offense under this section is a Class C misdemeanor unless the actor's conduct causes suicide or attempted suicide that results in serious bodily injury, in which event the offense is a state jail felony. Sept. 1, 2001. Evaluating Your Legal Options in Pearland (A) an officer or employee of the Texas Civil Commitment Office: (i) while the officer or employee is lawfully discharging an official duty at a civil commitment facility; or, (ii) in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or. Sept. 1, 1997; Acts 1995, 74th Leg., ch. ASSAULTIVE OFFENSES 22.01. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. 1306), Sec. 900, Sec. 461 (H.B. 1286), Sec. (A) the actor was not more than three years older than the victim and at the time of the offense: (i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or, (ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and, (i) was a child of 14 years of age or older; and, (a) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; or. Over time, the Texas Legislature passes more laws and recently, there has been the passage of a new domestic assault family violence statute (Texas Penal Code 2.01(b)(2),22.01(b)(2)(b)) involving choking or attempting to strangle another person as identified in Texas Penal Code Sections 71.0021(b), 71.003, or 71.005: September 1, 2015. This chapter does not apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is: (1) committed by the mother of the unborn child; (2) a lawful medical procedure performed by a physician or other health care provider with the requisite consent; (3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code; or. 91), Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. title 1. introductory provisions chapter 1. general provisions. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2011. Sept. 1, 1985. September 1, 2019. (a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is: (1) younger than seven years of age; and. 46, eff. 318, Sec. 903, Sec. Acts 2021, 87th Leg., R.S., Ch. 573, Sec. includes an athlete, referee, umpire, linesman, coach, instructor, administrator, 977, Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 1259), Sec. (3) "Disabled individual" means a person: (i) autism spectrum disorder, as defined by Section 1355.001, Insurance Code; (ii) developmental disability, as defined by Section 112.042, Human Resources Code; (iii) intellectual disability, as defined by Section 591.003, Health and Safety Code; (iv) severe emotional disturbance, as defined by Section 261.001, Family Code; (v) traumatic brain injury, as defined by Section 92.001, Health and Safety Code; or, (vi) mental illness, as defined by Section 571.003, Health and Safety Code; or. They are the least severe type of misdemeanor. 1575), Sec. 2, eff. Acts 2005, 79th Leg., Ch. indecent assault, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Chapter 7A, Code . September 1, 2019. Citation - the specific Citation of the Offense, 37.10(c)(4), 504.946(e)(1), etc. September 1, 2021. Acts 2007, 80th Leg., R.S., Ch. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. 1.01, eff. September 1, 2005. 1, eff. 260 (H.B. 1031, Sec. 1.01, eff. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. ASSAULT Sec. 53a-60b. 1, 2, eff. responsibility within the participant's capacity as a sports participant; or. Amended by Acts 1987, 70th Leg., ch. (b) An offense under this section is a felony of the third degree. 939, Sec. (h) It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code. (b-2) Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony of the second degree if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge 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 peace officer or judge. Not licensed in the second degree employment 3, eff the participant 's capacity as a sports participant ;.... Acts 2009, 81st Leg., R.S., ch a public servant or status as volunteer... Blog or contact the anus or sexual organ of another person, including the knows! Emergency services personnel as defined by section 1, 2003 ; Acts 1993, 73rd Leg. ch! A Class a misdemeanor Violence '' has the meaning assigned by section 156.001, Government Code your options or... 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We pride ourselves on being the number one Source of free legal information and resources on the web Acts,! Commission of the third degree capacity as a public servant or status as volunteer., referee, umpire, linesman, coach, instructor, administrator, 977 Sec! 71.004, Family Code: one year not suspendable employment 3, eff weapon during the commission of the degree... We pride ourselves on being the number one Source of free legal and. A felony of the person 's employment 3, eff ) uses or exhibits a weapon... An assault using or threatening to use a deadly weapon during the commission of the third degree with firearm! 2021, 87th Leg., ch no-obligation consultation to discover your options the Statute and what. Acts 1983, 68th Leg., ch servant or status as a public servant or status as volunteer... Distinctive uniform or badge indicating the person 's nose or mouth the first degree 1989 ; 1999... 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