TEXAS STATE PENAL CODES
(CRIMES AGAINST PERSONS)
This section addresses offenses that cause or threaten harm to individuals, including assault, homicide, kidnapping, sexual offenses, and other acts of violence. These laws are designed to protect personal safety, preserve human life, and ensure justice for victims of physical or emotional harm.
Simple Assault applies when an individual commits an unlawful act, whether carried out fully or not, that causes another person to reasonably fear imminent physical contact.
This charge does not meet the standard for Battery, as no actual physical harm is required. However, an overt act must occur mere threats without action are charged separately.
An example includes throwing a punch at someone and missing, which demonstrates both intent and action.
Simple Assault is typically classified as a misdemeanor, with penalties increasing if aggravating factors are present.
(Class C Misdemeanor)
Assault and Battery applies when an individual knowingly commits an unlawful act that is carried through and results in physical harm to another person.
For a Battery charge to be filed, the victim must have sustained an actual injury, which must be properly documented and photographed by law enforcement or medical personnel.
The classification of the charge depends on the severity of the injury, the circumstances of the offense, and any aggravating factors.
(Class C Misdemeanor, or State Jail Felony)
An act conducted with unlawful intent that results in serious bodily harm to a victim.
The individual severely injures another person with no regard for their life or safety.
All injuries must be documented and photographed by law enforcement or medical personnel. (State Jail Felony)
An unlawful act committed against a victim that involves the use or attempted use of a weapon, causing the victim to fear for their life.
This charge does not meet the standards of Battery with a Deadly Weapon, as no physical injury occurs.
An act must have taken place, even if it was not completely followed through.
An example includes a suspect attempting to strike another person with a weapon but missing.
A weapon is defined as any object that can be used to injure another human being. (State Jail Felony)
An unlawful act that causes physical harm to a victim through the use of a weapon.
A person must be physically injured in the process for this charge to apply.
Injuries must be documented and photographed.
A weapon is defined as any object that can be used to injure another human being. (State Jail Felony)
An unlawful act involving a weapon that results in severe physical harm to a victim.
The suspect acted with no regard for human life, and a weapon must have been used in the commission of the offense.
Individuals must be severely injured for this charge to apply.
A weapon is defined as any object that can be used to injure another human being.
Injuries must be documented and photographed.
(Third Degree Felony)
A physically or emotionally violent and aggressive act committed within a domestic partnership.
Victims may be physically abused, emotionally abused, or both.
Evidence must be documented and photographed.
The act must occur within the context of a relationship, such as a married or spousal relationship.
(Class C Misdemeanor)
A parent, guardian, or individual responsible for a child’s care who, by act or omission, fails to provide necessary care, supervision, food, medical attention, shelter, or protection, thereby placing the child in a situation that poses a substantial risk to their health, safety, or welfare.
Charge Classification:
Misdemeanor: When the neglect does not result in injury or serious harm to the child. (Class C Misdemeanor)
Felony: When the neglect results in bodily injury, serious bodily injury, or death. (State Jail Felony)
A person commits the offense of Child Abuse if they intentionally, knowingly, or recklessly cause bodily injury, serious bodily injury, or mental impairment to a child under the age of 17.
Charge Classification:
State Jail Felony: For intentionally, knowingly, or recklessly causing bodily injury to a child.
Third Degree Felony: For intentionally or knowingly causing serious bodily injury or mental impairment.
Capital Felony: If the abuse results in the death of the child.
Proof Requirements:
There must be sufficient evidence that the act was intentional, knowing, or reckless in nature.
Physical or medical evidence must corroborate the injury or harm inflicted.
Notes:
Child Abuse differs from Child Neglect in that abuse involves direct physical or emotional harm intentionally or recklessly inflicted upon the child.
Child Neglect refers to failure to provide necessary care, supervision, or protection, often through omission or inaction, rather than a deliberate act of harm.
Both offenses may be charged concurrently if the offender both fails to provide care and commits active harm.
A person commits the offense of Elder Abuse if they intentionally, knowingly, or recklessly cause bodily injury, serious bodily injury, emotional trauma, or financial exploitation to an elderly individual, defined as a person 65 years of age or older.
Charge Classification:
State Jail Felony: For intentionally, knowingly, or recklessly causing bodily injury to a elder.
Third Degree Felony: For intentionally or knowingly causing serious bodily injury or mental impairment.
Capital Felony: If the abuse results in the death of the elder.
Proof Requirements:
There must be sufficient evidence that the act was intentional, knowing, or reckless in nature.
Physical or medical evidence must corroborate the injury or harm inflicted.
A person commits the offense of Elder Neglect if they, as a caretaker, intentionally, knowingly, recklessly, or with criminal negligence fail to provide adequate care, supervision, medical attention, food, shelter, or protection to an elderly individual under their responsibility, resulting in harm or imminent danger to the individual’s health or safety.
Charge Classification:
Misdemeanor: When neglect causes no serious bodily harm but creates a risk to the elder’s health or safety. (Class C Misdemeanor)
Felony: When neglect results in bodily injury, serious bodily injury, or death. (State Jail Felony)
Proof Requirements:
The offender must have a legal duty of care for the elderly person (such as a family member, guardian, or caretaker).
There must be sufficient evidence showing failure to act, provide, or supervise, leading to harm or risk of harm.
Notes:
Elder Neglect involves failure to provide proper care or protection to a person aged 65 or older who cannot care for themselves.
It differs from Elder Abuse, which involves active physical, emotional, or financial harm inflicted upon an elderly person.
Both may be charged if an individual both fails to provide care and causes direct harm.
Any crime committed that is motivated by racial, sexual, or any other form of prejudice.
The offense must be shown to be influenced by bias against a protected characteristic, such as race, gender, sexual orientation, religion, or ethnicity. (State Jail Felony)
A crime in which a victim is repeatedly followed, harassed, or threatened over a period of time, causing them to fear for their safety.
The victim must experience emotional harassment, and the suspect must actively follow or contact the victim against their wishes. Evidence such as photos, messages, or items left by the suspect is required.
Online stalking includes repeated cycles of the victim blocking accounts and the suspect creating new ones to continue harassment.
The suspect is obsessive toward the victim, either sexually or with intent to disrupt their life. (State Jail Felony)
Any action or statement that constitutes a direct promise to harm another person or their property.
The victim must reasonably believe that the suspect intends to cause property damage or physical harm.
For witness-based cases, witnesses must provide evidence and a sworn statement supporting the claim.
(Class C Misdemeanor, or State Jail Felony)
Knowingly and intentionally using another person’s identity with the intent to commit, aid, or abet in any unlawful activity or for personal gain.
Penalties are enhanced if the offense involves financial institutions, government entities, or results in significant financial loss to the victim. (State Jail Felony)
Harassment occurs when someone knowingly initiates communication or conducts repeated behavior with the specific intent to harass, annoy, alarm, abuse, torment, or embarrass another person (State Jail Felony)
Sexual Harassment is a form of illegal sex discrimination. It is defined as unwelcome sexual advances, requests for sexual favors, or other verbal/physical conduct of a sexual nature.
This charge differs from Sexual Assault as this crime focuses on verbal, or continued sexual advances.
(Third Degree Felony)
Occurs when someone intentionally or knowingly penetrates the mouth, anus, or sexual organ of another person without their consent, or forces another person to perform the same acts upon them.
(Second Degree Felony)