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Assaultive Offenses

Assaultive offenses in Texas are primarily found in Chapter 22 of the Texas Penal Code.

The paragraphs below highlight the basic elements of these crimes. The full text of the laws can be found by following the links provided. These laws are often quite complicated and contain very specific and detailed definitions, presumptions, enhancements, and exceptions. If you have been charged with one of these crimes, call us at 888-403-0383 and we can discuss all the details of how the law applies in your specific situation.

Assaultive offenses include:

​Assault (PC 22.01)

  • A person commits an offense if the person:
    • intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
    • intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or
    • 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.​​​

​Aggravated Assault (PC 22.02)

  • A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person:
    • causes serious bodily injury to another, including the person's spouse; or
    • uses or exhibits a deadly weapon during the commission of the assault.

Indecent Assault (PC 22.012)

  • A person commits an offense if, without the other person's consent and with the intent to arouse or gratify the sexual desire of any person, the person:
    • touches the anus, breast, or any part of the genitals of another person;
    • touches another person with the anus, breast, or any part of the genitals of any person;
    • exposes or attempts to expose another person's genitals, pubic area, anus, buttocks, or female areola; or
    • causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person.

​Sexual Assault (PC 22.011)

  • A person commits an offense if:
    • the person intentionally or knowingly:
      • causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;
      • causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or
      • 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
    • regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly:
      • causes the penetration of the anus or sexual organ of a child by any means;
      • causes the penetration of the mouth of a child by the sexual organ of the actor;
      • causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
      • causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
      • causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

Aggravated Sexual Assault (PC 22.021)

  • A person commits an offense if the person commits Sexual Assault as described above; and

  • the person:
    • causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;
    • 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;
    • 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;
    • uses or exhibits a deadly weapon in the course of the same criminal episode;
    • 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
    • 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;
  • 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
  • the victim is an elderly individual or a disabled individual.

Injury to a Child, Elderly Individual, or Disabled Individual (PC 22.04)

  • 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:
    • serious bodily injury;
    • serious mental deficiency, impairment, or injury; or
    • bodily injury.
  • 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:
    • serious bodily injury;
    • serious mental deficiency, impairment, or injury; or
    • bodily injury.

Abandoning or Endangering Child (PC 22.041)

  • 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.
  • 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.

Deadly Conduct (PC 22.05)

  • A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
  • A person commits an offense if he knowingly discharges a firearm at or in the direction of:
    • one or more individuals; or
    • a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.

​Terroristic Threat (PC 22.07)

  • A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:
    • cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;
    • place any person in fear of imminent serious bodily injury;
    • 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;
    • cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;
    • place the public or a substantial group of the public in fear of serious bodily injury; or
    • influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.

​Aiding Suicide (PC 22.08)

  • 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.

Tampering With Consumer Product (PC 22.09)

  • 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.
  • 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.

Leaving a Child in a Vehicle (PC 22.10)

  • 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:
    • younger than seven years of age; and
    • not attended by an individual in the vehicle who is 14 years of age or older.

Harassment by Persons in Certain Facilities; Harassment of Public Servant (PC 22.11)

  • A person commits an offense if, with the intent to assault, harass, or alarm, the person:
    • 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;
    • while committed to a civil commitment facility, causes:
      • 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
        • while the officer or employee is lawfully discharging an official duty at a civil commitment facility; or
        • in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or
      • 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:
        • 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
        • in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; or
    • 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.

Continuous Violence Against the Family (PC 25.11)

  • A person commits an offense if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense under Section 22.01(a)(1) against another person or persons whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code.

Unlawful Restraint (PC 20.02)

  • A person commits an offense if he intentionally or knowingly restrains another person.

Kidnapping (PC 20.03)

  • A person commits an offense if he intentionally or knowingly abducts another person.

Aggravated Kidnapping (PC 20.04)

  • A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
    • hold him for ransom or reward;
    • use him as a shield or hostage;
    • facilitate the commission of a felony or the flight after the attempt or commission of a felony;
    • inflict bodily injury on him or violate or abuse him sexually;
    • terrorize him or a third person; or
    • interfere with the performance of any governmental or political function.
  • 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.


​If you have been arrested for any of these crimes, call our office at 888-403-0383 and speak to an attorney today!

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