Texas Laws - Penal Code
PENAL CODE
TITLE 5. OFFENSES AGAINST THE PERSON

TITLE 5. OFFENSES AGAINST THE PERSON (1071)(1-click HTML)

CHAPTER 19. CRIMINAL HOMICIDE (1072)(1-click HTML)

Sec. 19.01. TYPES OF CRIMINAL HOMICIDE. (1073)(1-click HTML)

(a) A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual. (1074)

(b) Criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide. (1075)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (1076)

Sec. 19.02. MURDER. (1077)(1-click HTML)

(a) In this section: (1078)

(1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection. (1079)

(2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation. (1080)

(b) A person commits an offense if he: (1081)

(1) intentionally or knowingly causes the death of an individual; (1082)

(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or (1083)

(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual. (1084)

(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree. (1085)

(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree. (1086)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (1087)

Sec. 19.03. CAPITAL MURDER. (1088)(1-click HTML)

(a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and: (1089)

(1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman; (1090)

(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6); (1091)

(3) the person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration; (1092)

(4) the person commits the murder while escaping or attempting to escape from a penal institution; (1093)

(5) the person, while incarcerated in a penal institution, murders another: (1094)

(A) who is employed in the operation of the penal institution; or (1095)

(B) with the intent to establish, maintain, or participate in a combination or in the profits of a combination; (1096)

(6) the person: (1097)

(A) while incarcerated for an offense under this section or Section 19.02, murders another; or (1098)

(B) while serving a sentence of life imprisonment or a term of 99 years for an offense under Section 20.04, 22.021, or 29.03, murders another; (1099)

(7) the person murders more than one person: (1100)

(A) during the same criminal transaction; or (1101)

(B) during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct; (1102)

(8) the person murders an individual under 10 years of age; or (1103)

(9) the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court. (1104)

(b) An offense under this section is a capital felony. (1105)

(c) If the jury or, when authorized by law, the judge does not find beyond a reasonable doubt that the defendant is guilty of an offense under this section, he may be convicted of murder or of any other lesser included offense. (1106)

Added by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 5317, ch. 977, Sec. 6, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 44, Sec. 1, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 652, Sec. 13, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 715, Sec. 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 887, Sec. 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 388, Sec. 1, eff. Sept. 1, 2003. (1107)

Amended by: (1108)

Acts 2005, 79th Leg., Ch. 428 (S.B. 1791), Sec. 1, eff. September 1, 2005. (1109)

Acts 2011, 82nd Leg., R.S., Ch. 1209 (S.B. 377), Sec. 1, eff. September 1, 2011. (1110)

Sec. 19.04. MANSLAUGHTER. (1111)(1-click HTML)

(a) A person commits an offense if he recklessly causes the death of an individual. (1112)

(b) An offense under this section is a felony of the second degree. (1113)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 19.04 by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 307, Sec. 1, eff. Sept. 1, 1987. Renumbered from Penal Code Sec. 19.05 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (1114)

Sec. 19.05. CRIMINALLY NEGLIGENT HOMICIDE. (1115)(1-click HTML)

(a) A person commits an offense if he causes the death of an individual by criminal negligence. (1116)

(b) An offense under this section is a state jail felony. (1117)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 19.06 by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 19.07 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (1118)

Sec. 19.06. APPLICABILITY TO CERTAIN CONDUCT. (1119)(1-click HTML)

This chapter does not apply to the death of an unborn child if the conduct charged is: (1120)

(1) conduct committed by the mother of the unborn child; (1121)

(2) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent, if the death of the unborn child was the intended result of the procedure; (1122)

(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 (1123)

(4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. (1124)

Added by Acts 2003, 78th Leg., ch. 822, Sec. 2.02, eff. Sept. 1, 2003. (1125)

CHAPTER 20. KIDNAPPING, UNLAWFUL RESTRAINT, AND SMUGGLING OF PERSONS (1126)(1-click HTML)

Sec. 20.01. DEFINITIONS. (1127)(1-click HTML)

In this chapter: (1128)

(1) "Restrain" means to restrict a person's movements without consent, so as to interfere substantially with the person's liberty, by moving the person from one place to another or by confining the person. Restraint is "without consent" if it is accomplished by: (1129)

(A) force, intimidation, or deception; or (1130)

(B) any means, including acquiescence of the victim, if: (1131)

(i) the victim is a child who is less than 14 years of age or an incompetent person and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement or confinement; or (1132)

(ii) the victim is a child who is 14 years of age or older and younger than 17 years of age, the victim is taken outside of the state and outside a 120-mile radius from the victim's residence, and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement. (1133)

(2) "Abduct" means to restrain a person with intent to prevent his liberation by: (1134)

(A) secreting or holding him in a place where he is not likely to be found; or (1135)

(B) using or threatening to use deadly force. (1136)

(3) "Relative" means a parent or stepparent, ancestor, sibling, or uncle or aunt, including an adoptive relative of the same degree through marriage or adoption. (1137)

(4) "Person" means an individual, corporation, or association. (1138)

(5) Notwithstanding Section 1.07, "individual" means a human being who has been born and is alive. (1139)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 790, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 822, Sec. 2.03, eff. Sept. 1, 2003. (1140)

Sec. 20.02. UNLAWFUL RESTRAINT. (1141)(1-click HTML)

(a) A person commits an offense if he intentionally or knowingly restrains another person. (1142)

(b) It is an affirmative defense to prosecution under this section that: (1143)

(1) the person restrained was a child younger than 14 years of age; (1144)

(2) the actor was a relative of the child; and (1145)

(3) the actor's sole intent was to assume lawful control of the child. (1146)

(c) An offense under this section is a Class A misdemeanor, except that the offense is: (1147)

(1) a state jail felony if the person restrained was a child younger than 17 years of age; (1148)

(2) a felony of the third degree if: (1149)

(A) the actor recklessly exposes the victim to a substantial risk of serious bodily injury; (1150)

(B) the actor restrains an individual 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; or (1151)

(C) the actor while in custody restrains any other person; or (1152)

(3) notwithstanding Subdivision (2)(B), a felony of the second degree if the actor restrains an individual 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. (1153)

(d) It is no offense to detain or move another under this section when it is for the purpose of effecting a lawful arrest or detaining an individual lawfully arrested. (1154)

(e) It is an affirmative defense to prosecution under this section that: (1155)

(1) the person restrained was a child who is 14 years of age or older and younger than 17 years of age; (1156)

(2) the actor does not restrain the child by force, intimidation, or deception; and (1157)

(3) the actor is not more than three years older than the child. (1158)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 707, Sec. 1(b), 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 790, Sec. 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 524, Sec. 1, eff. Sept. 1, 2001. (1159)

Amended by: (1160)

Acts 2017, 85th Leg., R.S., Ch. 440 (H.B. 2908), Sec. 2, eff. September 1, 2017. (1161)

Sec. 20.03. KIDNAPPING. (1162)(1-click HTML)

(a) A person commits an offense if he intentionally or knowingly abducts another person. (1163)

(b) It is an affirmative defense to prosecution under this section that: (1164)

(1) the abduction was not coupled with intent to use or to threaten to use deadly force; (1165)

(2) the actor was a relative of the person abducted; and (1166)

(3) the actor's sole intent was to assume lawful control of the victim. (1167)

(c) An offense under this section is a felony of the third degree. (1168)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (1169)

Sec. 20.04. AGGRAVATED KIDNAPPING. (1170)(1-click HTML)

(a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to: (1171)

(1) hold him for ransom or reward; (1172)

(2) use him as a shield or hostage; (1173)

(3) facilitate the commission of a felony or the flight after the attempt or commission of a felony; (1174)

(4) inflict bodily injury on him or violate or abuse him sexually; (1175)

(5) terrorize him or a third person; or (1176)

(6) interfere with the performance of any governmental or political function. (1177)

(b) A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense. (1178)

(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree. (1179)

(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he voluntarily released the victim in a safe place. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree. (1180)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 4, eff. Sept. 1, 1995. (1181)

Sec. 20.05. SMUGGLING OF PERSONS. (1182)(1-click HTML)

(a) A person commits an offense if the person, with the intent to obtain a pecuniary benefit, knowingly: (1183)

(1) uses a motor vehicle, aircraft, watercraft, or other means of conveyance to transport an individual with the intent to: (1184)

(A) conceal the individual from a peace officer or special investigator; or (1185)

(B) flee from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor; or (1186)

(2) encourages or induces a person to enter or remain in this country in violation of federal law by concealing, harboring, or shielding that person from detection. (1187)

(b) An offense under this section is a felony of the third degree, except that the offense is: (1188)

(1) a felony of the second degree if: (1189)

(A) the actor commits the offense in a manner that creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death; or (1190)

(B) the smuggled individual is a child younger than 18 years of age at the time of the offense; or (1191)

(2) a felony of the first degree if: (1192)

(A) it is shown on the trial of the offense that, as a direct result of the commission of the offense, the smuggled individual became a victim of sexual assault, as defined by Section 22.011, or aggravated sexual assault, as defined by Section 22.021; or (1193)

(B) the smuggled individual suffered serious bodily injury or death. (1194)

(c) It is an affirmative defense to prosecution of an offense under this section, other than an offense punishable under Subsection (b)(1)(A) or (b)(2), that the actor is related to the smuggled individual within the second degree of consanguinity or, at the time of the offense, within the second degree of affinity. (1195)

(d) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections. (1196)

Added by Acts 1999, 76th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 1999. (1197)

Amended by: (1198)

Acts 2011, 82nd Leg., R.S., Ch. 223 (H.B. 260), Sec. 2, eff. September 1, 2011. (1199)

Acts 2015, 84th Leg., R.S., Ch. 333 (H.B. 11), Sec. 14, eff. September 1, 2015. (1200)

Sec. 20.06. CONTINUOUS SMUGGLING OF PERSONS. (1201)(1-click HTML)

(a) A person commits an offense if, during a period that is 10 or more days in duration, the person engages two or more times in conduct that constitutes an offense under Section 20.05. (1202)

(b) If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific conduct engaged in by the defendant constituted an offense under Section 20.05 or on which exact date the defendant engaged in that conduct. The jury must agree unanimously that the defendant, during a period that is 10 or more days in duration, engaged two or more times in conduct that constitutes an offense under Section 20.05. (1203)

(c) If the victim of an offense under Subsection (a) is the same victim as a victim of an offense under Section 20.05, a defendant may not be convicted of the offense under Section 20.05 in the same criminal action as the offense under Subsection (a), unless the offense under Section 20.05: (1204)

(1) is charged in the alternative; (1205)

(2) occurred outside the period in which the offense alleged under Subsection (a) was committed; or (1206)

(3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a). (1207)

(d) A defendant may not be charged with more than one count under Subsection (a) if all of the conduct that constitutes an offense under Section 20.05 is alleged to have been committed against the same victim. (1208)

(e) Except as provided by Subsections (f) and (g), an offense under this section is a felony of the second degree. (1209)

(f) An offense under this section is a felony of the first degree if: (1210)

(1) the conduct constituting an offense under Section 20.05 is conducted in a manner that creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death; or (1211)

(2) the smuggled individual is a child younger than 18 years of age at the time of the offense. (1212)

(g) An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 25 years, if: (1213)

(1) it is shown on the trial of the offense that, as a direct result of the commission of the offense, the smuggled individual became a victim of sexual assault, as defined by Section 22.011, or aggravated sexual assault, as defined by Section 22.021; or (1214)

(2) the smuggled individual suffered serious bodily injury or death. (1215)

Added by Acts 2015, 84th Leg., R.S., Ch. 333 (H.B. 11), Sec. 15, eff. September 1, 2015. (1216)

CHAPTER 20A. TRAFFICKING OF PERSONS (1217)(1-click HTML)

Sec. 20A.01. DEFINITIONS. (1218)(1-click HTML)

In this chapter: (1219)

(1) "Child" means a person younger than 18 years of age. (1220)

(2) "Forced labor or services" means labor or services, other than labor or services that constitute sexual conduct, that are performed or provided by another person and obtained through an actor's use of force, fraud, or coercion. (1221)

(3) "Sexual conduct" has the meaning assigned by Section 43.25. (1222)

(4) "Traffic" means to transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means. (1223)

Added by Acts 2003, 78th Leg., ch. 641, Sec. 2, eff. Sept. 1, 2003. (1224)

Amended by: (1225)

Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 16.01, eff. September 1, 2007. (1226)

Acts 2007, 80th Leg., R.S., Ch. 849 (H.B. 1121), Sec. 4, eff. June 15, 2007. (1227)

Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 1.01, eff. September 1, 2011. (1228)

Sec. 20A.02. TRAFFICKING OF PERSONS. (1229)(1-click HTML)

(a) A person commits an offense if the person knowingly: (1230)

(1) traffics another person with the intent that the trafficked person engage in forced labor or services; (1231)

(2) receives a benefit from participating in a venture that involves an activity described by Subdivision (1), including by receiving labor or services the person knows are forced labor or services; (1232)

(3) traffics another person and, through force, fraud, or coercion, causes the trafficked person to engage in conduct prohibited by: (1233)

(A) Section 43.02 (Prostitution); (1234)

(B) Section 43.03 (Promotion of Prostitution); (1235)

(C) Section 43.04 (Aggravated Promotion of Prostitution); or (1236)

(D) Section 43.05 (Compelling Prostitution); (1237)

(4) receives a benefit from participating in a venture that involves an activity described by Subdivision (3) or engages in sexual conduct with a person trafficked in the manner described in Subdivision (3); (1238)

(5) traffics a child with the intent that the trafficked child engage in forced labor or services; (1239)

(6) receives a benefit from participating in a venture that involves an activity described by Subdivision (5), including by receiving labor or services the person knows are forced labor or services; (1240)

(7) traffics a child and by any means causes the trafficked child to engage in, or become the victim of, conduct prohibited by: (1241)

(A) Section 21.02 (Continuous Sexual Abuse of Young Child or Children); (1242)

(B) Section 21.11 (Indecency with a Child); (1243)

(C) Section 22.011 (Sexual Assault); (1244)

(D) Section 22.021 (Aggravated Sexual Assault); (1245)

(E) Section 43.02 (Prostitution); (1246)

(F) Section 43.03 (Promotion of Prostitution); (1247)

(G) Section 43.04 (Aggravated Promotion of Prostitution); (1248)

(H) Section 43.05 (Compelling Prostitution); (1249)

(I) Section 43.25 (Sexual Performance by a Child); (1250)

(J) Section 43.251 (Employment Harmful to Children); or (1251)

(K) Section 43.26 (Possession or Promotion of Child Pornography); or (1252)

(8) receives a benefit from participating in a venture that involves an activity described by Subdivision (7) or engages in sexual conduct with a child trafficked in the manner described in Subdivision (7). (1253)

(a-1) For purposes of Subsection (a)(3), "coercion" as defined by Section 1.07 includes destroying, concealing, confiscating, or withholding from the trafficked person, or threatening to destroy, conceal, confiscate, or withhold from the trafficked person, the trafficked person's actual or purported: (1254)

(1) government records; or (1255)

(2) identifying information or documents. (1256)

(b) Except as otherwise provided by this subsection, an offense under this section is a felony of the second degree. An offense under this section is a felony of the first degree if: (1257)

(1) the applicable conduct constitutes an offense under Subsection (a)(5), (6), (7), or (8), regardless of whether the actor knows the age of the child at the time of the offense; (1258)

(2) the commission of the offense results in the death of the person who is trafficked; or (1259)

(3) the commission of the offense results in the death of an unborn child of the person who is trafficked. (1260)

(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections. (1261)

(d) If the victim of an offense under Subsection (a)(7)(A) is the same victim as a victim of an offense under Section 21.02, a defendant may not be convicted of the offense under Section 21.02 in the same criminal action as the offense under Subsection (a)(7)(A) unless the offense under Section 21.02: (1262)

(1) is charged in the alternative; (1263)

(2) occurred outside the period in which the offense alleged under Subsection (a)(7)(A) was committed; or (1264)

(3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a)(7)(A). (1265)

Added by Acts 2003, 78th Leg., ch. 641, Sec. 2, eff. Sept. 1, 2003. (1266)

Amended by: (1267)

Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 16.02, eff. September 1, 2007. (1268)

Acts 2007, 80th Leg., R.S., Ch. 849 (H.B. 1121), Sec. 5, eff. June 15, 2007. (1269)

Acts 2009, 81st Leg., R.S., Ch. 1002 (H.B. 4009), Sec. 7, eff. September 1, 2009. (1270)

Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 1.02, eff. September 1, 2011. (1271)

Acts 2017, 85th Leg., R.S., Ch. 480 (H.B. 2529), Sec. 1, eff. September 1, 2017. (1272)

Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 30, eff. September 1, 2017. (1273)

Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 15, eff. September 1, 2017. (1274)

Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 1, eff. September 1, 2017. (1275)

Sec. 20A.03. CONTINUOUS TRAFFICKING OF PERSONS. (1276)(1-click HTML)

(a) A person commits an offense if, during a period that is 30 or more days in duration, the person engages two or more times in conduct that constitutes an offense under Section 20A.02 against one or more victims. (1277)

(b) If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific conduct engaged in by the defendant constituted an offense under Section 20A.02 or on which exact date the defendant engaged in that conduct. The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, engaged in conduct that constituted an offense under Section 20A.02. (1278)

(c) If the victim of an offense under Subsection (a) is the same victim as a victim of an offense under Section 20A.02, a defendant may not be convicted of the offense under Section 20A.02 in the same criminal action as the offense under Subsection (a), unless the offense under Section 20A.02: (1279)

(1) is charged in the alternative; (1280)

(2) occurred outside the period in which the offense alleged under Subsection (a) was committed; or (1281)

(3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a). (1282)

(d) A defendant may not be charged with more than one count under Subsection (a) if all of the conduct that constitutes an offense under Section 20A.02 is alleged to have been committed against the same victim. (1283)

(e) An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 25 years. (1284)

Added by Acts 2011, 82nd Leg., R.S., Ch. 122 (H.B. 3000), Sec. 1, eff. September 1, 2011. (1285)

Amended by: (1286)

Acts 2015, 84th Leg., R.S., Ch. 332 (H.B. 10), Sec. 12, eff. September 1, 2015. (1287)

Sec. 20A.04. ACCOMPLICE WITNESS; TESTIMONY AND IMMUNITY. (1288)(1-click HTML)

(a) A party to an offense under this chapter may be required to provide evidence or testify about the offense. (1289)

(b) A party to an offense under this chapter may not be prosecuted for any offense about which the party is required to provide evidence or testify, and the evidence and testimony may not be used against the party in any adjudicatory proceeding except a prosecution for aggravated perjury. For purposes of this subsection, "adjudicatory proceeding" means a proceeding before a court or any other agency of government in which the legal rights, powers, duties, or privileges of specified parties are determined. (1290)

(c) A conviction under this chapter may be had on the uncorroborated testimony of a party to the offense. (1291)

Added by Acts 2015, 84th Leg., R.S., Ch. 332 (H.B. 10), Sec. 13, eff. September 1, 2015. (1292)

CHAPTER 21. SEXUAL OFFENSES (1293)(1-click HTML)

Sec. 21.01. DEFINITIONS. (1294)(1-click HTML)

In this chapter: (1295)

(1) "Deviate sexual intercourse" means: (1296)

(A) any contact between any part of the genitals of one person and the mouth or anus of another person; or (1297)

(B) the penetration of the genitals or the anus of another person with an object. (1298)

(2) "Sexual contact" means, except as provided by Section 21.11, any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person. (1299)

(3) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ. (1300)

(4) "Spouse" means a person to whom a person is legally married under Subtitle A, Title 1, Family Code, or a comparable law of another jurisdiction. (1301)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 373, ch. 168, Sec. 1, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 203, ch. 96, Sec. 3, eff. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 739, Sec. 1, eff. Sept. 1, 2001. (1302)

Amended by: (1303)

Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.124, eff. September 1, 2005. (1304)

Sec. 21.02. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR CHILDREN. (1305)(1-click HTML)

(a) In this section, "child" has the meaning assigned by Section 22.011(c). (1306)

(b) A person commits an offense if: (1307)

(1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and (1308)

(2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense. (1309)

(c) For purposes of this section, "act of sexual abuse" means any act that is a violation of one or more of the following penal laws: (1310)

(1) aggravated kidnapping under Section 20.04(a)(4), if the actor committed the offense with the intent to violate or abuse the victim sexually; (1311)

(2) indecency with a child under Section 21.11(a)(1), if the actor committed the offense in a manner other than by touching, including touching through clothing, the breast of a child; (1312)

(3) sexual assault under Section 22.011; (1313)

(4) aggravated sexual assault under Section 22.021; (1314)

(5) burglary under Section 30.02, if the offense is punishable under Subsection (d) of that section and the actor committed the offense with the intent to commit an offense listed in Subdivisions (1)-(4); (1315)

(6) sexual performance by a child under Section 43.25; (1316)

(7) trafficking of persons under Section 20A.02(a)(7) or (8); and (1317)

(8) compelling prostitution under Section 43.05(a)(2). (1318)

(d) If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific acts of sexual abuse were committed by the defendant or the exact date when those acts were committed. The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse. (1319)

(e) A defendant may not be convicted in the same criminal action of an offense listed under Subsection (c) the victim of which is the same victim as a victim of the offense alleged under Subsection (b) unless the offense listed in Subsection (c): (1320)

(1) is charged in the alternative; (1321)

(2) occurred outside the period in which the offense alleged under Subsection (b) was committed; or (1322)

(3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (b). (1323)

(f) A defendant may not be charged with more than one count under Subsection (b) if all of the specific acts of sexual abuse that are alleged to have been committed are alleged to have been committed against a single victim. (1324)

(g) It is an affirmative defense to prosecution under this section that the actor: (1325)

(1) was not more than five years older than: (1326)

(A) the victim of the offense, if the offense is alleged to have been committed against only one victim; or (1327)

(B) the youngest victim of the offense, if the offense is alleged to have been committed against more than one victim; (1328)

(2) did not use duress, force, or a threat against a victim at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense; and (1329)

(3) at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense: (1330)

(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (1331)

(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section or an act of sexual abuse as described by Subsection (c). (1332)

(h) An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 25 years. (1333)

Added by Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 1.17, eff. September 1, 2007. (1334)

Amended by: (1335)

Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 6.04, eff. September 1, 2011. (1336)

Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 31, eff. September 1, 2017. (1337)

Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 2, eff. September 1, 2017. (1338)

Section 21.06 was declared unconstitutional by Lawrence v. Texas, 123 S.Ct. 2472. (1339)

Sec. 21.06. HOMOSEXUAL CONDUCT. (1340)(1-click HTML)

(a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex. (1341)

(b) An offense under this section is a Class C misdemeanor. (1342)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (1343)

Sec. 21.07. PUBLIC LEWDNESS. (1344)(1-click HTML)

(1345)

(a) A person commits an offense if the person knowingly engages in any of the following acts in a public place or, if not in a public place, the person is reckless about whether another is present who will be offended or alarmed by the person's: (1346)

(1) act of sexual intercourse; (1347)

(2) act of deviate sexual intercourse; or (1348)

(3) act of sexual contact. (1349)

(b) An offense under this section is a Class A misdemeanor. (1350)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (1351)

Amended by: (1352)

Acts 2017, 85th Leg., R.S., Ch. 739 (S.B. 1232), Sec. 1, eff. September 1, 2017. (1353)

Sec. 21.08. INDECENT EXPOSURE. (1354)(1-click HTML)

(a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act. (1355)

(b) An offense under this section is a Class B misdemeanor. (1356)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 509, ch. 924, Sec. 1, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (1357)

Sec. 21.09. BESTIALITY. (1358)(1-click HTML)

(a) A person commits an offense if the person knowingly: (1359)

(1) engages in an act involving contact between: (1360)

(A) the person's mouth, anus, or genitals and the anus or genitals of an animal; or (1361)

(B) the person's anus or genitals and the mouth of the animal; (1362)

(2) fondles or touches the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice, including touching through clothing; (1363)

(3) causes an animal to contact the seminal fluid of the person; (1364)

(4) inserts any part of a person's body or any object into the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice; (1365)

(5) possesses, sells, transfers, purchases, or otherwise obtains an animal with the intent that the animal be used for conduct described by Subdivision (1), (2), (3), or (4); (1366)

(6) organizes, promotes, conducts, or participates as an observer of conduct described by Subdivision (1), (2), (3), or (4); (1367)

(7) causes a person to engage or aids a person in engaging in conduct described by Subdivision (1), (2), (3), or (4); (1368)

(8) permits conduct described by Subdivision (1), (2), (3), or (4) to occur on any premises under the person's control; (1369)

(9) engages in conduct described by Subdivision (1), (2), (3), or (4) in the presence of a child younger than 18 years of age; or (1370)

(10) advertises, offers, or accepts the offer of an animal with the intent that the animal be used in this state for conduct described by Subdivision (1), (2), (3), or (4). (1371)

(b) An offense under this section is a state jail felony, unless the offense is committed under Subsection (a)(9) or results in serious bodily injury or death of the animal, in which event the offense is a felony of the second degree. (1372)

(c) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful animal husbandry or veterinary practice. (1373)

Added by Acts 2017, 85th Leg., R.S., Ch. 739 (S.B. 1232), Sec. 2, eff. September 1, 2017. (1374)

Sec. 21.11. INDECENCY WITH A CHILD. (1375)(1-click HTML)

(a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person: (1376)

(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or (1377)

(2) with intent to arouse or gratify the sexual desire of any person: (1378)

(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or (1379)

(B) causes the child to expose the child's anus or any part of the child's genitals. (1380)

(b) It is an affirmative defense to prosecution under this section that the actor: (1381)

(1) was not more than three years older than the victim and of the opposite sex; (1382)

(2) did not use duress, force, or a threat against the victim at the time of the offense; and (1383)

(3) at the time of the offense: (1384)

(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (1385)

(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section. (1386)

(b-1) It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense. (1387)

(c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person: (1388)

(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or (1389)

(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person. (1390)

(d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree. (1391)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1981, 67th Leg., p. 472, ch. 202, Sec. 3, eff. Sept. 1, 1981; Acts 1987, 70th Leg., ch. 1028, Sec. 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 1415, Sec. 23, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 739, Sec. 2, eff. Sept. 1, 2001. (1392)

Amended by: (1393)

Acts 2009, 81st Leg., R.S., Ch. 260 (H.B. 549), Sec. 1, eff. September 1, 2009. (1394)

Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 32, eff. September 1, 2017. (1395)

Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 3, eff. September 1, 2017. (1396)

Sec. 21.12. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. (1397)(1-click HTML)

(a) An employee of a public or private primary or secondary school commits an offense if the employee: (1398)

(1) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works; (1399)

(2) holds a position described by Section 21.003(a) or (b), Education Code, regardless of whether the employee holds the appropriate certificate, permit, license, or credential for the position, and engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person the employee knows is: (1400)

(A) enrolled in a public or private primary or secondary school, other than a school described by Subdivision (1); or (1401)

(B) a student participant in an educational activity that is sponsored by a school district or a public or private primary or secondary school, if students enrolled in a public or private primary or secondary school are the primary participants in the activity; or (1402)

(3) engages in conduct described by Section 33.021, with a person described by Subdivision (1), or a person the employee knows is a person described by Subdivision (2)(A) or (B), regardless of the age of that person. (1403)

(b) An offense under this section is a felony of the second degree. (1404)

(b-1) It is an affirmative defense to prosecution under this section that: (1405)

(1) the actor was the spouse of the enrolled person at the time of the offense; or (1406)

(2) the actor was not more than three years older than the enrolled person and, at the time of the offense, the actor and the enrolled person were in a relationship that began before the actor's employment at a public or private primary or secondary school. (1407)

(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections. (1408)

(d) The name of a person who is enrolled in a public or private primary or secondary school and involved in an improper relationship with an educator as provided by Subsection (a) may not be released to the public and is not public information under Chapter 552, Government Code. (1409)

Added by Acts 2003, 78th Leg., ch. 224, Sec. 1, eff. Sept. 1, 2003. (1410)

Amended by: (1411)

Acts 2007, 80th Leg., R.S., Ch. 610 (H.B. 401), Sec. 1, eff. September 1, 2007. (1412)

Acts 2007, 80th Leg., R.S., Ch. 772 (H.B. 3659), Sec. 1, eff. September 1, 2007. (1413)

Acts 2009, 81st Leg., R.S., Ch. 260 (H.B. 549), Sec. 2, eff. September 1, 2009. (1414)

Acts 2011, 82nd Leg., R.S., Ch. 761 (H.B. 1610), Sec. 3, eff. September 1, 2011. (1415)

Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 1, eff. September 1, 2017. (1416)

Sec. 21.15. INVASIVE VISUAL RECORDING. (1417)(1-click HTML)

(a) In this section: (1418)

(1) "Female breast" means any portion of the female breast below the top of the areola. (1419)

(2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person. (1420)

(3) "Changing room" means a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas. (1421)

(4) "Promote" has the meaning assigned by Section 43.21. (1422)

(b) A person commits an offense if, without the other person's consent and with intent to invade the privacy of the other person, the person: (1423)

(1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a reasonable expectation that the intimate area is not subject to public view; (1424)

(2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; or (1425)

(3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2). (1426)

(c) An offense under this section is a state jail felony. (1427)

(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law. (1428)

(e) For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person's consent under that subdivision. (1429)

Added by Acts 2001, 77th Leg., ch. 458, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 500, Sec. 1, eff. Sept. 1, 2003. (1430)

Amended by: (1431)

Acts 2007, 80th Leg., R.S., Ch. 306 (H.B. 1804), Sec. 1, eff. September 1, 2007. (1432)

Acts 2015, 84th Leg., R.S., Ch. 955 (S.B. 1317), Sec. 1, eff. June 18, 2015. (1433)

Acts 2015, 84th Leg., R.S., Ch. 955 (S.B. 1317), Sec. 2, eff. June 18, 2015. (1434)

Sec. 21.16. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL. (1435)(1-click HTML)

(a) In this section: (1436)

(1) "Intimate parts" means the naked genitals, pubic area, anus, buttocks, or female nipple of a person. (1437)

(2) "Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above. (1438)

(3) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse. (1439)

(4) "Simulated" means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks. (1440)

(5) "Visual material" means: (1441)

(A) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or (1442)

(B) any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method. (1443)

(b) A person commits an offense if: (1444)

(1) without the effective consent of the depicted person, the person intentionally discloses visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct; (1445)

(2) the visual material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation that the visual material would remain private; (1446)

(3) the disclosure of the visual material causes harm to the depicted person; and (1447)

(4) the disclosure of the visual material reveals the identity of the depicted person in any manner, including through: (1448)

(A) any accompanying or subsequent information or material related to the visual material; or (1449)

(B) information or material provided by a third party in response to the disclosure of the visual material. (1450)

(c) A person commits an offense if the person intentionally threatens to disclose, without the consent of the depicted person, visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct and the actor makes the threat to obtain a benefit: (1451)

(1) in return for not making the disclosure; or (1452)

(2) in connection with the threatened disclosure. (1453)

(d) A person commits an offense if, knowing the character and content of the visual material, the person promotes visual material described by Subsection (b) on an Internet website or other forum for publication that is owned or operated by the person. (1454)

(e) It is not a defense to prosecution under this section that the depicted person: (1455)

(1) created or consented to the creation of the visual material; or (1456)

(2) voluntarily transmitted the visual material to the actor. (1457)

(f) It is an affirmative defense to prosecution under Subsection (b) or (d) that: (1458)

(1) the disclosure or promotion is made in the course of: (1459)

(A) lawful and common practices of law enforcement or medical treatment; (1460)

(B) reporting unlawful activity; or (1461)

(C) a legal proceeding, if the disclosure or promotion is permitted or required by law; (1462)

(2) the disclosure or promotion consists of visual material depicting in a public or commercial setting only a person's voluntary exposure of: (1463)

(A) the person's intimate parts; or (1464)

(B) the person engaging in sexual conduct; or (1465)

(3) the actor is an interactive computer service, as defined by 47 U.S.C. Section 230, and the disclosure or promotion consists of visual material provided by another person. (1466)

(g) An offense under this section is a state jail felony. (1467)

(h) 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. (1468)

Added by Acts 2015, 84th Leg., R.S., Ch. 852 (S.B. 1135), Sec. 3, eff. September 1, 2015. (1469)

Amended by: (1470)

Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 16(b), eff. September 1, 2017. (1471)

Sec. 21.17. VOYEURISM. (1472)(1-click HTML)

(a) A person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, observes another person without the other person's consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy. (1473)

(b) Except as provided by Subsection (c) or (d), an offense under this section is a Class C misdemeanor. (1474)

(c) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of an offense under this section. (1475)

(d) An offense under this section is a state jail felony if the victim was a child younger than 14 years of age at the time of the offense. (1476)

(e) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. (1477)

Added by Acts 2015, 84th Leg., R.S., Ch. 676 (H.B. 207), Sec. 1, eff. September 1, 2015. (1478)

Redesignated from Penal Code, Section 21.16 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(35), eff. September 1, 2017. (1479)

Sec. 21.18. SEXUAL COERCION. (1480)(1-click HTML)

(a) In this section: (1481)

(1) "Intimate visual material" means the visual material described by Section 21.16(b)(1) or (c). (1482)

(2) "Sexual conduct" has the meaning assigned by Section 43.25. (1483)

(b) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02, 21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021 to obtain, in return for not committing the threatened offense or in connection with the threatened offense, any of the following benefits: (1484)

(1) intimate visual material; (1485)

(2) an act involving sexual conduct causing arousal or gratification; or (1486)

(3) a monetary benefit or other benefit of value. (1487)

(c) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to obtain, in return for not committing the threatened offense or in connection with the threatened offense, either of the following benefits: (1488)

(1) intimate visual material; or (1489)

(2) an act involving sexual conduct causing arousal or gratification. (1490)

(d) This section applies to a threat regardless of how that threat is communicated, including a threat transmitted through e-mail or an Internet website, social media account, or chat room and a threat made by other electronic or technological means. (1491)

(e) An offense under this section is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted of an offense under this section. (1492)

Added by Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 16(c), eff. September 1, 2017. (1493)

Added by Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 4(b), eff. September 1, 2017. (1494)

CHAPTER 22. ASSAULTIVE OFFENSES (1495)(1-click HTML)

Sec. 22.01. ASSAULT. (1496)(1-click HTML)

(a) A person commits an offense if the person: (1497)

(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (1498)

(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or (1499)

(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. (1500)

(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: (1501)

(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; (1502)

(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: (1503)

(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 (1504)

(B) 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; (1505)

(3) a person who contracts with government to perform a service in a facility as defined by Section 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an employee of that person: (1506)

(A) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by government to provide the service; or (1507)

(B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; (1508)

(4) a person the actor knows is a security officer while the officer is performing a duty as a security officer; (1509)

(5) a person the actor knows is emergency services personnel while the person is providing emergency services; or (1510)

(6) a pregnant individual to force the individual to have an abortion. (1511)

(b-1) Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony of the third degree if the offense is committed: (1512)

(1) while the actor is committed to a civil commitment facility; and (1513)

(2) against: (1514)

(A) an officer or employee of the Texas Civil Commitment Office: (1515)

(i) while the officer or employee is lawfully discharging an official duty at a civil commitment facility; or (1516)

(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 (1517)

(B) a person who contracts with the state to perform a service in a civil commitment facility or an employee of that person: (1518)

(i) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by the state to provide the service; or (1519)

(ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. (1520)

(1521)

Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 27 (1522)

(1523)

(b-2) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if: (1524)

(1) the offense is committed 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; (1525)

(2) 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, or 21.11 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; and (1526)

(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. (1527)

(1528)

Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 440 (H.B. 2908), Sec. 3 (1529)

(1530)

(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. (1531)

(c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the offense is: (1532)

(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; (1533)

(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: (1534)

(A) while the participant is performing duties or responsibilities in the participant's capacity as a sports participant; or (1535)

(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 (1536)

(3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. (1537)

(d) For purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant, a security officer, or emergency services personnel if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer or emergency services personnel. (1538)

(e) In this section: (1539)

(1) "Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations. (1540)

(2) Repealed by Acts 2005, 79th Leg., R.S., Ch. 788 (S.B. 91), Sec. 6, eff. September 1, 2005. (1541)

(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. (1542)

(4) "Sports participant" means a person who participates in any official capacity with respect to an interscholastic, intercollegiate, or other organized amateur or professional athletic competition and includes an athlete, referee, umpire, linesman, coach, instructor, administrator, or staff member. (1543)

(f) For the purposes of Subsections (b)(2)(A) and (b-2)(2): (1544)

(1) a defendant has been previously convicted of an offense listed in those subsections committed 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, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; and (1545)

(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. (1546)

(g) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections. (1547)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 2, Sec. 12, 13, eff. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. 135, Sec. 1, 2, eff. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. 164, Sec. 2, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. 977, Sec. 1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 1052, Sec. 2.08, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 739, Sec. 1 to 3, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 14, Sec. 284(23) to (26), eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 334, Sec. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 366, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 165, Sec. 27.01, eff. Sept. 1, 1997; Acts 1995, 74th Leg., ch. 318, Sec. 5, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 659, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 27.01, 31.01(68), eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 15.02(a), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1158, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 294, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1019, Sec. 1, 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1028, Sec. 1, eff. Sept. 1, 2003. (1548)

Amended by: (1549)

Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 16.002, eff. September 1, 2005. (1550)

Acts 2005, 79th Leg., Ch. 788 (S.B. 91), Sec. 1, eff. September 1, 2005. (1551)

Acts 2005, 79th Leg., Ch. 788 (S.B. 91), Sec. 2, eff. September 1, 2005. (1552)

Acts 2005, 79th Leg., Ch. 788 (S.B. 91), Sec. 6, eff. September 1, 2005. (1553)

Acts 2007, 80th Leg., R.S., Ch. 623 (H.B. 495), Sec. 1, eff. September 1, 2007. (1554)

Acts 2007, 80th Leg., R.S., Ch. 623 (H.B. 495), Sec. 2, eff. September 1, 2007. (1555)

Acts 2009, 81st Leg., R.S., Ch. 427 (H.B. 2066), Sec. 1, eff. September 1, 2009. (1556)

Acts 2009, 81st Leg., R.S., Ch. 665 (H.B. 2240), Sec. 2, eff. September 1, 2009. (1557)

Acts 2013, 83rd Leg., R.S., Ch. 875 (H.B. 705), Sec. 1, eff. September 1, 2013. (1558)

Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 27, eff. September 1, 2017. (1559)

Acts 2017, 85th Leg., R.S., Ch. 440 (H.B. 2908), Sec. 3, eff. September 1, 2017. (1560)

Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 18, eff. September 1, 2017. (1561)

Sec. 22.011. SEXUAL ASSAULT. (1562)(1-click HTML)

(a) A person commits an offense if: (1563)

(1) the person intentionally or knowingly: (1564)

(A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (1565)

(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or (1566)

(C) 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 (1567)

(2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly: (1568)

(A) causes the penetration of the anus or sexual organ of a child by any means; (1569)

(B) causes the penetration of the mouth of a child by the sexual organ of the actor; (1570)

(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (1571)

(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or (1572)

(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. (1573)

(b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1574)

(1) the actor compels the other person to submit or participate by the use of physical force, violence, or coercion; (1575)

(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; (1576)

(3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; (1577)

(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; (1578)

(5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; (1579)

(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; (1580)

(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; (1581)

(8) the actor is a public servant who coerces the other person to submit or participate; (1582)

(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; (1583)

(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; or (1584)

(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. (1585)

(c) In this section: (1586)

(1) "Child" means a person younger than 17 years of age. (1587)

(2) "Spouse" means a person who is legally married to another. (1588)

(3) "Health care services provider" means: (1589)

(A) a physician licensed under Subtitle B, Title 3, Occupations Code; (1590)

(B) a chiropractor licensed under Chapter 201, Occupations Code; (1591)

(C) a physical therapist licensed under Chapter 453, Occupations Code; (1592)

(D) a physician assistant licensed under Chapter 204, Occupations Code; or (1593)

(E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. (1594)

(4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a: (1595)

(A) licensed social worker as defined by Section 505.002, Occupations Code; (1596)

(B) chemical dependency counselor as defined by Section 504.001, Occupations Code; (1597)

(C) licensed professional counselor as defined by Section 503.002, Occupations Code; (1598)

(D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code; (1599)

(E) member of the clergy; (1600)

(F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or (1601)

(G) special officer for mental health assignment certified under Section 1701.404, Occupations Code. (1602)

(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. (1603)

(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. (1604)

(e) It is an affirmative defense to prosecution under Subsection (a)(2): (1605)

(1) that the actor was the spouse of the child at the time of the offense; or (1606)

(2) that: (1607)

(A) the actor was not more than three years older than the victim and at the time of the offense: (1608)

(i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (1609)

(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 (1610)

(B) the victim: (1611)

(i) was a child of 14 years of age or older; and (1612)

(ii) was not 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. (1613)

(f) An offense under this section is a felony of the second degree, except that an offense under this section is a felony of the first degree if the victim was 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. (1614)

Added by Acts 1983, 68th Leg., p. 5312, ch. 977, Sec. 3, eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 557, Sec. 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1029, Sec. 1, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 662, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 273, Sec. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 6, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1031, Sec. 1, 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1286, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1102, Sec. 3, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1415, Sec. 24, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 14.829, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 155, Sec. 1, 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 528, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 553, Sec. 2.017, eff. Feb. 1, 2004. (1615)

Amended by: (1616)

Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 4.02, eff. September 1, 2005. (1617)

Acts 2009, 81st Leg., R.S., Ch. 260 (H.B. 549), Sec. 3, eff. September 1, 2009. (1618)

Acts 2009, 81st Leg., R.S., Ch. 260 (H.B. 549), Sec. 4, eff. September 1, 2009. (1619)

Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 33, eff. September 1, 2017. (1620)

Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 6, eff. September 1, 2017. (1621)

Sec. 22.02. AGGRAVATED ASSAULT. (1622)(1-click HTML)

(a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person: (1623)

(1) causes serious bodily injury to another, including the person's spouse; or (1624)

(2) uses or exhibits a deadly weapon during the commission of the assault. (1625)

(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: (1626)

(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; (1627)

(2) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed: (1628)

(A) by a public servant acting under color of the servant's office or employment; (1629)

(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; (1630)

(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; or (1631)

(D) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or (1632)

(3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and: (1633)

(A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle; (1634)

(B) is reckless as to whether the habitation, building, or vehicle is occupied; and (1635)

(C) in discharging the firearm, causes serious bodily injury to any person. (1636)

(c) The actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer. (1637)

(d) In this section, "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. (1638)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 367, ch. 164, Sec. 2, eff. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. 655, Sec. 2, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. 79, Sec. 1, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. 977, Sec. 2, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 223, Sec. 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 18, Sec. 3, eff. April 14, 1987; Acts 1987, 70th Leg., ch. 1101, Sec. 12, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 939, Sec. 1 to 3, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 334, Sec. 2, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 903, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1019, Sec. 3, eff. Sept. 1, 2003. (1639)

Amended by: (1640)

Acts 2005, 79th Leg., Ch. 788 (S.B. 91), Sec. 3, eff. September 1, 2005. (1641)

Acts 2009, 81st Leg., R.S., Ch. 594 (H.B. 176), Sec. 2, eff. September 1, 2009. (1642)

Sec. 22.021. AGGRAVATED SEXUAL ASSAULT. (1643)(1-click HTML)

(a) A person commits an offense: (1644)

(1) if the person: (1645)

(A) intentionally or knowingly: (1646)

(i) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (1647)

(ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or (1648)

(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 (1649)

(B) regardless of whether the person knows the age of the child at the time of the offense, intentionally or knowingly: (1650)

(i) causes the penetration of the anus or sexual organ of a child by any means; (1651)

(ii) causes the penetration of the mouth of a child by the sexual organ of the actor; (1652)

(iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (1653)

(iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or (1654)

(v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and (1655)

(2) if: (1656)

(A) the person: (1657)

(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; (1658)

(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; (1659)

(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; (1660)

(iv) uses or exhibits a deadly weapon in the course of the same criminal episode; (1661)

(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 (1662)

(vi) with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim's ability to appraise the nature of the act or to resist the act; (1663)

(B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or (1664)

(C) the victim is an elderly individual or a disabled individual. (1665)

(b) In this section: (1666)

(1) "Child" has the meaning assigned by Section 22.011(c). (1667)

(2) "Elderly individual" has the meaning assigned by Section 22.04(c). (1668)

(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. (1669)

(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). (1670)

(d) The defense provided by Section 22.011(d) applies to this section. (1671)

(e) An offense under this section is a felony of the first degree. (1672)

(f) The minimum term of imprisonment for an offense under this section is increased to 25 years if: (1673)

(1) the victim of the offense is younger than six years of age at the time the offense is committed; or (1674)

(2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A). (1675)

Added by Acts 1983, 68th Leg., p. 5312, ch. 977, Sec. 3, eff. Sept. 1, 1983. Amended by Acts 1987, 70th Leg., ch. 573, Sec. 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 16, Sec. 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 7, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1286, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 417, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 459, Sec. 5, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 528, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 896, Sec. 1, eff. Sept. 1, 2003. (1676)

Amended by: (1677)

Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 1.18, eff. September 1, 2007. (1678)

Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 6.05, eff. September 1, 2011. (1679)

Acts 2015, 84th Leg., R.S., Ch. 784 (H.B. 2589), Sec. 1, eff. September 1, 2015. (1680)

Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 34, eff. September 1, 2017. (1681)

Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 7, eff. September 1, 2017. (1682)

Sec. 22.04. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. (1683)(1-click HTML)

(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: (1684)

(1) serious bodily injury; (1685)

(2) serious mental deficiency, impairment, or injury; or (1686)

(3) bodily injury. (1687)

(a-1) A person commits an offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, boarding home facility, intermediate care facility for persons with an intellectual or developmental disability, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility: (1688)

(1) serious bodily injury; (1689)

(2) serious mental deficiency, impairment, or injury; or (1690)

(3) bodily injury. (1691)

(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: (1692)

(1) the actor has a legal or statutory duty to act; or (1693)

(2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. (1694)

(c) In this section: (1695)

(1) "Child" means a person 14 years of age or younger. (1696)

(2) "Elderly individual" means a person 65 years of age or older. (1697)

(3) "Disabled individual" means a person: (1698)

(A) with one or more of the following: (1699)

(i) autism spectrum disorder, as defined by Section 1355.001, Insurance Code; (1700)

(ii) developmental disability, as defined by Section 112.042, Human Resources Code; (1701)

(iii) intellectual disability, as defined by Section 591.003, Health and Safety Code; (1702)

(iv) severe emotional disturbance, as defined by Section 261.001, Family Code; (1703)

(v) traumatic brain injury, as defined by Section 92.001, Health and Safety Code; or (1704)

(vi) mental illness, as defined by Section 571.003, Health and Safety Code; or (1705)

(B) who otherwise 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. (1706)

(4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 620, Sec. 11, eff. September 1, 2011. (1707)

(d) For purposes of an omission that causes a condition described by Subsection (a)(1), (2), or (3), the actor has assumed care, custody, or control if he has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that he has accepted responsibility for protection, food, shelter, and medical care for a child, elderly individual, or disabled individual. For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), or (3), the actor acting during the actor's capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, and medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility. (1708)

(e) An offense under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the first degree when the conduct is committed intentionally or knowingly. When the conduct is engaged in recklessly, the offense is a felony of the second degree. (1709)

(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. When the conduct is engaged in recklessly, the offense is a state jail felony. (1710)

(g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. 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). (1711)

(h) A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently. (1712)

(i) It is an affirmative defense to prosecution under Subsection (b)(2) that before the offense the actor: (1713)

(1) notified in person the child, elderly individual, or disabled individual that the actor would no longer provide any of the 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 any of the care described by Subsection (d); or (1714)

(2) notified in writing the Department of Family and Protective Services that the actor would no longer provide any of the care described by Subsection (d). (1715)

(j) Written notification under Subsection (i)(2) or (i)(3) is not effective unless it contains the name and address of the actor, the name and address of the child, elderly individual, or disabled individual, the type of care provided by the actor, and the date the care was discontinued. (1716)

(k) It is a defense to prosecution under this section that the act or omission consisted of: (1717)

(1) reasonable medical care occurring under the direction of or by a licensed physician; or (1718)

(2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. (1719)

(l) It is an affirmative defense to prosecution under this section: (1720)

(1) that the act or omission was based on treatment in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy; (1721)

(2) for a person charged with an act of omission causing to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that: (1722)

(A) there is no evidence that, on the date prior to the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and (1723)

(B) the person: (1724)

(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; (1725)

(ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and (1726)

(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 (1727)

(3) that: (1728)

(A) the actor was not more than three years older than the victim at the time of the offense; and (1729)

(B) the victim was a nondisabled or disabled child at the time of the offense. (1730)

(m) It is an affirmative defense to prosecution under Subsections (a)(1), (2), and (3) for injury to a disabled individual that the person did not know and could not reasonably have known that the individual was a disabled individual, as defined by Subsection (c), at the time of the offense. (1731)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 2067, ch. 819, Sec. 1, eff. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. 162, Sec. 1, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. 202, Sec. 4, eff. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. 604, Sec. 1, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 357, Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 497, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 76, Sec. 8.139, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 62, Sec. 15.02(b), eff. Sept. 1, 1999. (1732)

Amended by: (1733)

Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.125(a), eff. September 1, 2005. (1734)

Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 46, eff. September 1, 2005. (1735)

Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 38, eff. June 11, 2009. (1736)

Acts 2011, 82nd Leg., R.S., Ch. 620 (S.B. 688), Sec. 5, eff. September 1, 2011. (1737)

Acts 2011, 82nd Leg., R.S., Ch. 620 (S.B. 688), Sec. 11, eff. September 1, 2011. (1738)

Acts 2015, 84th Leg., R.S., Ch. 719 (H.B. 1286), Sec. 1, eff. September 1, 2015. (1739)

Acts 2015, 84th Leg., R.S., Ch. 719 (H.B. 1286), Sec. 2, eff. September 1, 2015. (1740)

Acts 2017, 85th Leg., R.S., Ch. 361 (H.B. 3019), Sec. 1, eff. September 1, 2017. (1741)

Acts 2017, 85th Leg., R.S., Ch. 361 (H.B. 3019), Sec. 2, eff. September 1, 2017. (1742)

Sec. 22.041. ABANDONING OR ENDANGERING CHILD. (1743)(1-click HTML)

(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. (1744)

(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. (1745)

(c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment. (1746)

(c-1) 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: (1747)

(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; (1748)

(2) the person's conduct related to the proximity or accessibility of the controlled substance methamphetamine to the child and an analysis of a specimen of the child's blood, urine, or other bodily substance indicates the presence of methamphetamine in the child's body; or (1749)

(3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code. (1750)

(d) Except as provided by Subsection (e), an offense under Subsection (b) is: (1751)

(1) a state jail felony if the actor abandoned the child with intent to return for the child; or (1752)

(2) a felony of the third degree if the actor abandoned the child without intent to return for the child. (1753)

(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. (1754)

(f) An offense under Subsection (c) is a state jail felony. (1755)

(g) It is a defense to prosecution under Subsection (c) that the act or omission enables the child to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event. (1756)

(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. (1757)

Added by Acts 1985, 69th Leg., ch. 791, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 904, Sec. 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 687, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1087, Sec. 3, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 809, Sec. 7, eff. Sept. 1, 2001. (1758)

Amended by: (1759)

Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 10, eff. August 1, 2005. (1760)

Acts 2007, 80th Leg., R.S., Ch. 840 (H.B. 946), Sec. 2, eff. September 1, 2007. (1761)

Sec. 22.05. DEADLY CONDUCT. (1762)(1-click HTML)

(a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. (1763)

(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of: (1764)

(1) one or more individuals; or (1765)

(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied. (1766)

(c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded. (1767)

(d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. (1768)

(e) An offense under Subsection (a) is a Class A misdemeanor. An offense under Subsection (b) is a felony of the third degree. (1769)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (1770)

Sec. 22.06. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. (1771)(1-click HTML)

(a) The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if: (1772)

(1) the conduct did not threaten or inflict serious bodily injury; or (1773)

(2) the victim knew the conduct was a risk of: (1774)

(A) his occupation; (1775)

(B) recognized medical treatment; or (1776)

(C) a scientific experiment conducted by recognized methods. (1777)

(b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01. (1778)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (1779)

Amended by: (1780)

Acts 2007, 80th Leg., R.S., Ch. 273 (H.B. 184), Sec. 1, eff. September 1, 2007. (1781)

Sec. 22.07. TERRORISTIC THREAT. (1782)(1-click HTML)

(a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to: (1783)

(1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies; (1784)

(2) place any person in fear of imminent serious bodily injury; (1785)

(3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place; (1786)

(4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service; (1787)

(5) place the public or a substantial group of the public in fear of serious bodily injury; or (1788)

(6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state. (1789)

(b) An offense under Subsection (a)(1) is a Class B misdemeanor. (1790)

(c) An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense: (1791)

(1) is committed against a member of the person's family or household or otherwise constitutes family violence; or (1792)

(2) is committed against a public servant. (1793)

(c-1) Notwithstanding Subsection (c)(2), an offense under Subsection (a)(2) is a state jail felony if the offense is committed against a person the actor knows is a peace officer or judge. (1794)

(d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony. (1795)

(e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. (1796)

(f) In this section: (1797)

(1) "Family" has the meaning assigned by Section 71.003, Family Code. (1798)

(2) "Family violence" has the meaning assigned by Section 71.004, Family Code. (1799)

(3) "Household" has the meaning assigned by Section 71.005, Family Code. (1800)

(g) For purposes of Subsection (d), the amount of pecuniary loss is the amount of economic loss suffered by the owner of the building, room, place, or conveyance as a result of the prevention or interruption of the occupation or use of the building, room, place, or conveyance. (1801)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1114, ch. 530, Sec. 2, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 139, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 388, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 446, Sec. 1, eff. Sept. 1, 2003. (1802)

Reenacted and amended by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 16.003, eff. September 1, 2005. (1803)

Amended by: (1804)

Acts 2017, 85th Leg., R.S., Ch. 440 (H.B. 2908), Sec. 4, eff. September 1, 2017. (1805)

Sec. 22.08. AIDING SUICIDE. (1806)(1-click HTML)

(a) A person commits an offense if, with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide. (1807)

(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. (1808)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (1809)

Sec. 22.09. TAMPERING WITH CONSUMER PRODUCT. (1810)(1-click HTML)

(a) In this section: (1811)

(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. (1812)

(2) "Tamper" means to alter or add a foreign substance to a consumer product to make it probable that the consumer product will cause serious bodily injury. (1813)

(b) A person commits an offense if he knowingly or intentionally tampers with a consumer product knowing that the consumer product will be offered for sale to the public or as a gift to another. (1814)

(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. (1815)

(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. An offense under Subsection (c) is a felony of the third degree. (1816)

Added by Acts 1983, 68th Leg., p. 2812, ch. 481, Sec. 1, eff. Sept. 1, 1983. Amended by Acts 1989, 71st Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 14, Sec. 284(32), eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (1817)

Sec. 22.10. LEAVING A CHILD IN A VEHICLE. (1818)(1-click HTML)

(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: (1819)

(1) younger than seven years of age; and (1820)

(2) not attended by an individual in the vehicle who is 14 years of age or older. (1821)

(b) An offense under this section is a Class C misdemeanor. (1822)

Added by Acts 1984, 68th Leg., 2nd C.S., ch. 24, Sec. 1, eff. Oct. 2, 1984. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (1823)

Sec. 22.11. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. (1824)(1-click HTML)

(a) A person commits an offense if, with the intent to assault, harass, or alarm, the person: (1825)

(1) while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal; (1826)

(2) while committed to a civil commitment facility, causes: (1827)

(A) an officer or employee of the Texas Civil Commitment Office to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (1828)

(i) while the officer or employee is lawfully discharging an official duty at a civil commitment facility; or (1829)

(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 (1830)

(B) a person who contracts with the state to perform a service in the facility or an employee of that person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (1831)

(i) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by the state to provide the service; or (1832)

(ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; or (1833)

(3) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty. (1834)

(b) An offense under this section is a felony of the third degree. (1835)

(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section. (1836)

(d) In this section, "correctional or detention facility" means: (1837)

(1) a secure correctional facility; or (1838)

(2) a "secure correctional facility" or a "secure detention facility" as defined by Section 51.02, Family Code, operated by or under contract with a juvenile board or the Texas Juvenile Justice Department or any other facility operated by or under contract with that department. (1839)

(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. (1840)

Added by Acts 1999, 76th Leg., ch. 335, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 878, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1006, Sec. 1, eff. Sept. 1, 2003. (1841)

Amended by: (1842)

Acts 2005, 79th Leg., Ch. 543 (H.B. 1095), Sec. 2, eff. September 1, 2005. (1843)

Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 142, eff. September 1, 2015. (1844)

Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 28, eff. September 1, 2017. (1845)

Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 29, eff. September 1, 2017. (1846)

Sec. 22.12. APPLICABILITY TO CERTAIN CONDUCT. (1847)(1-click HTML)

This chapter does not apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is: (1848)

(1) committed by the mother of the unborn child; (1849)

(2) a lawful medical procedure performed by a physician or other health care provider with the requisite consent; (1850)

(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 (1851)

(4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. (1852)

Added by Acts 2003, 78th Leg., ch. 822, Sec. 2.04, eff. Sept. 1, 2003. (1853)

  

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