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PC CH 22 Assaultive offenses

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73 Questions

A person commits what offense if the person intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse, or intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse?

Assault

A person commits what offense if the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent (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?

Sexual assault

"_______" Includes firefighters, emergency medical services personnel, 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.

Emergency services personal

A person commits what 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?

Indecent Assault

In this section "_____" means a person younger than 17 years of age. and "_______" means a person who is legally married to another.

Child/Spouse

What is the penalty given for the offense ASSAULT when a person intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse?

Class A misdemeanor

A person commits what offense if the person intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative?

Assault

An individual who is licensed or unlicensed, who performs or purports to perform mental health services, including a:(A)licensed social worker (B) chemical dependency counselor (C) licensed professional counselor (D) licensed marriage and family therapist (E) member of the clergy (F) Psychologists offering psychological services (G) special officer for mental health assignment. is what?

Mental health services provider

A person commits what offense if the person commits ASSAULT and the person (1) causes serious bodily injury to another, including the person's spouse; or (2) uses or exhibits a deadly weapon during the commission of the assault.

Aggravated Assault

What is the penalty given for the offense ASSAULT when the actor intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse and the offense is committed 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?

Felony of the third degree

What is the penalty given for the offense ASSAULT when the actor intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse and the offense is committed against a person whose relationship to or association with the defendant is described under dating violence, family, and Household and it is shown on the trial of the offense that the defendant has been previously convicted under those sections?

Felony of the third degree

A person commits what offense if (2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor?

Sexual assault

Is it a defense to prosecution for the offense SEXUAL ASSAULT 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?

Yes

What is the penalty given for the offense INDECENT ASSAULT?

Class A misdemeanor

What offense is committed if without consent a person causes the penetration or contact with a person's mouth to a sexual organ or the anus of another person and also causes serious bodily injury or attempts to cause the death of the victim or another person or by acts or words places the victim in fear that any person will become the victim of trafficking or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person?

Aggravated sexual assault

What is the penalty given for the offense INDECENT ASSAULT if the defendant has been previously convicted?

State jail felony

Is it an affirmative defense to the prosecution of SEXUAL ASSAULT under subsection (a)(2) (regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (1) that the actor was the spouse of the child at the time of the offense; or (2) that the actor was not more than three years older than the victim and at the time of the offense.

Yes

What is the penalty given for the offense SEXUAL ASSAULT?

Felony of the second degree

what is the penalty given for the offense SEXUAL ASSAULT if the actor is a health care service provider and the act committed is beyond the scope of practice and the defendant has been previously convicted of this offense?

Felony of the third degree

What is the penalty given for the offense AGGRAVATED ASSAULT?

Felony of the second degree

If while committing SEXUAL ASSAULT a person uses or exhibits a deadly weapon, acts in concert with another who has engaged in sexual assault, administers or provides to the victim a substance that impairs their ability to resist, or if the victim is younger than 14 years of age, or an elderly or disabled individual. What enhancements are made to the offense SEXUAL ASSAULT?

Changed to aggravated sexual assault

What offense is committed if a person intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual: (1) serious bodily injury; (2) serious mental deficiency, impairment, or injury; or (3) bodily injury.?

Injury to a child, elderly individual, or disabled individual.

What is the penalty given for the offense INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL, if it is done intentionally or knowingly and serious bodily injury or serious mental deficiency, impairment, or injury occurs?

Felony of the first degree

what penalty is given for the offense INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. if a person recklessly causes (1) serious bodily injury; (2) serious mental deficiency, impairment, or injury?

Felony of the second degree

What is the penalty given for the offense INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL if the actor intentionally or knowingly caused bodily injury to the victim?

Felony of the third degree

What is the penalty given for the offense INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL when the conduct is committed intentionally or knowingly and the victim is a disabled individual residing in a center and bodily injury is a result of the conduct?

Felony of the second degree

What is the penalty given for the offense INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL when the person acts with criminal negligence?

State jail felony

What is the penalty given for the offense INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL when the conduct is committed recklessly and the victim is a disabled individual residing in a center and bodily injury is a result of the conduct?

State jail felony

Is a person still liable to be prosecuted under INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL if the injury results due to the omission of the actor?

Yes

Is it an affirmative defense to prosecution under INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL that the actor notified in person and in writing the child, elderly individual, or disabled individual and the person acting in loco parentis that they would no longer provide care to them?

Yes

What is the penalty given for the offense ASSAULT if the actor (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

Class C misdemeanor

What is the penalty given for the offense ASSAULT if the actor 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, and the victim is an elderly or disabled individual?

Class A misdemeanor

What is the penalty given for the offense ASSAULT if the offense was committed against a sports participant?

Class B misdemeanor

What is the penalty given for the offense ASSAULT if the offense was committed against a pregnant individual to force an abortion?

Class A misdemeanor

What is the penalty given for the offense SEXUAL ASSAULT if the victim was (A) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married or (B) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse with?

Felony of the first degree

What is the penalty for the offense SEXUAL ASSAULT if the actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor?

State jail felony

What is the penalty given for the offense INDECENT ASSAULT if the actor is a health care service provider and the act is committed while providing treatment beyond the scope of accepted practices and it is shown on trial that the defendant has been previously convicted of the same offense?

Felony of the third degree

What is the penalty given for the offense AGGRAVATED ASSAULT if the actor uses a deadly weapon and the victim is in a dating relationship, family, or household member of the actor and serious bodily injury or a traumatic brain or spinal injury results?

Felony of the first degree

What is the penalty given for the offense AGGRAVATED ASSAULT if the actor is in a motor vehicle and (A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle (B) is reckless as to whether the habitation, building, or vehicle is occupied and (C) in discharging the firearm, causes serious bodily injury to any person?

Felony of the first degree

What is the penalty given for the offense AGGRAVATED ASSAULT if the actor commits the assault as part of a mass shooting?

Felony of the first degree

What is the penalty given for the offense AGGRAVATED SEXUAL ASSAULT?

Felony of the first degree with minimum imprisonment to 25 years

What is the penalty given for the offense AGGRAVATED SEXUAL ASSAULT if the victim of the offense is younger than six years or the victim is younger than 14 years and has received serious bodily injury?

Felony of the first degree with minimum imprisonment of 25 years

"_________" means to leave in any place without providing reasonable and necessary care to a child, elderly individual, or disabled individual under circumstances under which no reasonable, similarly situated person would leave a child or individual of that age and ability.

Abandon

What offense is committed if a person intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child, elderly individual, or disabled individual in imminent danger of death, bodily injury, or physical or mental impairment?

ABANDONING OR ENDANGERING A CHILD, ELDERLY INDIVIDUAL,OR DISABLED INDIVIDUAL.

What offense is committed if a person having custody, care, or control of a child, elderly individual, or disabled individual, intentionally abandons the child or individual in any place under circumstances that expose the child or individual to an unreasonable risk of harm?

ABANDONING OR ENDANGERING A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL

What penalty is given for the offense ABANDONING OR ENDANGERING A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL if the actor had the intent to return for the child?

State jail felony

What is the penalty given for the offense ABANDONING OR ENDANGERING A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL if the actor abandoned the child, elderly individual, or disabled individual without intent to return for the child or individual?

Felony of the third degree

What is the penalty given for the offense ABANDONING OR ENDANGERING A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL if the actor abandons the child, elderly individual, or disabled individual under circumstances that a reasonable person would believe would place the child or individual in imminent danger of death, bodily injury, or physical or mental impairment?

Felony of the second degree

What is the penalty given for ABANDONING OR ENDANGERING A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL engages in conduct that places a child, elderly individual, or disabled individual in imminent danger of death, bodily injury, or physical or mental impairment?

State jail felony

Is it an exception to the offense ABANDONING OR ENDANGERING A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL that the actor voluntarily delivered the child to a designated emergency infant care provider?

Yes

What offense is committed when a person recklessly engages in conduct that places another in imminent danger of serious bodily injury or if he knowingly discharges a firearm at or in the direction of (1) one or more individuals; or (2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied?

Deadly conduct

What is the penalty given for the offense DEADLY CONDUCT if he recklessly engages in conduct that places another in imminent danger of serious bodily injury?

Class A misdemeanor

What penalty is given for the offense DEADLY CONDUCT when a person knowingly discharges a firearm at or in the direction of:(1) one or more individuals; or (2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.

Felony of the third degree

What offense is committed when a person threatens to commit any offense involving violence to any person or property with intent to: (1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies; (2) place any person in fear of imminent serious bodily injury; (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?

Terroristic threat

A person commits what offense if a person threatens to commit any offense involving violence to any person or property with intent to (1) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service; (2) place the public or a substantial group of the public in fear of serious bodily injury; or (3) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.

Terroristic threat

What penalty is given for the offense TERRORISTIC THREAT when a person threatens to commit any offense involving violence to any person or property with intent to: (1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies; (2) place any person in fear of imminent serious bodily injury?

Class B misdemeanor

What is the penalty if a person 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 or places any person in fear of imminent serious bodily injury and the victim is a member of the actor's family, or the victim is a public servant?

Class A misdemeanor

If a person threatens to commit any offense involving violence to a peace officer or judge with the intent to place said peace officer or judge in fear of imminent serious bodily injury, what offense is committed?

State jail felony

what are the penalties given for the offense TERRORISTIC THREAT if a person interrupts the occupation or use of a building?

Class A misdemeanor/State jail felony

What is the penalty given for the offense TERRORISTIC THREAT when a person (4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;(5) place the public or a substantial group of the public in fear of serious bodily injury; or(6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state?

Felony of the third degree

What offense is committed when a person 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?

Aiding suicide

What is the penalty given for the offense AIDING SUICIDE?

Class C misdemeanor

What is the penalty given for the offense AIDING SUICIDE if the actor's conduct causes suicide or attempted suicide that results in serious bodily injury?

State jail felony

What offense occurs when a person 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?

Tampering with 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.

Consumer Product

What offense is committed when a 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?

Tampering with consumer product

"_________" 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.

Tamper

What Is the penalty for the offense TAMPERING WITH CONSUMER PRODUCT?

Felony of the second degree

What is the penalty given for the offense TAMPERING WITH CONSUMER PRODUCT when serious bodily injury is the result of the product being tampered with?

Felony of the first degree

What is the penalty given for the offense TAMPERING WITH CONSUMER PRODUCT if the actor threatens to tamper with said consumer product with the intent to cause fear, to affect the sale of the product?

Felony of the third degree

What offense occurs when a person 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?

HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT.

What offense is committed when a person while committed to a civil commitment facility, causes an officer or employee of the Texas Civil Commitment Office, or a person who contracts with the state to perform a service in the facility to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal?

HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT.

What is the penalty given for the offense HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT?

Felony of the third degree

Study Notes

Assault

  • A person commits an offense if they intentionally, knowingly, or recklessly cause bodily injury to another, including their spouse, or intentionally or knowingly threaten another with imminent bodily injury, including their spouse.

Aggravated Assault

  • A person commits an offense if they commit assault and:
    • Cause serious bodily injury to another
    • Use or exhibit a deadly weapon during the commission of the assault
  • Penalty:
    • If committed against a public servant while discharging official duties
    • If committed against a person with whom the actor has a dating relationship, family, or household member

Sexual Assault

  • A person commits an offense if they:
    • Cause the penetration of the anus or sexual organ of another person by any means without consent
    • Cause the penetration of the mouth of another person by the sexual organ of the actor without consent
    • Cause the sexual organ of another person to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor, without consent
  • Penalty:
    • If the actor is a healthcare service provider and the act committed is beyond the scope of practice
    • If the victim was a person whom the actor was prohibited from marrying or purporting to marry
    • If the victim was a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse

Indecent Assault

  • A person commits an offense if they:
    • Cause the penetration or contact with a person's mouth to a sexual organ or the anus of another person without consent
    • Cause serious bodily injury or attempts to cause the death of the victim or another person
  • Penalty:
    • If the defendant has been previously convicted

Injury to a Child, Elderly Individual, or Disabled Individual

  • A person commits an offense if they:
    • Cause serious bodily injury to a child, elderly individual, or disabled individual
    • Recklessly cause serious bodily injury to a child, elderly individual, or disabled individual
  • Penalty:
    • If the conduct is committed intentionally or knowingly and serious bodily injury occurs
    • If the person acts with criminal negligence

Abandoning or Endangering a Child, Elderly Individual, or Disabled Individual

  • A person commits an offense if they:
    • Engage in conduct that places a child, elderly individual, or disabled individual in imminent danger of death, bodily injury, or physical or mental impairment
    • Abandon a child, elderly individual, or disabled individual under circumstances that a reasonable person would believe would place the child or individual in imminent danger of death, bodily injury, or physical or mental impairment
  • Penalty:
    • If the actor had the intent to return for the child
    • If the actor abandoned the child, elderly individual, or disabled individual without intent to return for the child or individual
    • If the actor engages in conduct that places a child, elderly individual, or disabled individual in imminent danger of death, bodily injury, or physical or mental impairment

Terroristic Threat

  • A person commits an offense if they:
    • Threaten to commit any offense involving violence to any person or property with the intent to:
      • Cause a reaction of any type to their 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
  • Penalty:
    • If the victim is a member of the actor's family, or the victim is a public servant
    • If the actor threatens to commit any offense involving violence to a peace officer or judge with the intent to place said peace officer or judge in fear of imminent serious bodily injury

Aiding Suicide

  • A person commits an offense if they:
    • Aid or attempt to aid another to commit or attempt to commit suicide
  • Penalty:
    • If the actor's conduct causes suicide or attempted suicide that results in serious bodily injury

Tampering with Consumer Products

  • A person commits an offense if they:
    • Knowingly or intentionally tamper with a consumer product knowing that the consumer product will be offered for sale to the public or as a gift to another
    • Threaten to tamper with a consumer product with the intent to cause fear, affect the sale of the consumer product, or cause bodily injury to any person
  • Penalty:
    • If serious bodily injury is the result of the product being tampered with
    • If the actor threatens to tamper with said consumer product with the intent to cause fear, to affect the sale of the product

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