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Texas Penal Code - Section 22.02. Aggravated Assault

Legal Research Home > Texas Laws > Penal Code > Texas Penal Code - Section 22.02. Aggravated Assault

§ 22.02. AGGRAVATED ASSAULT.  (a) A person commits an 
offense if the person commits assault as defined in § 22.01 and 
the person:
		(1)  causes serious bodily injury to another, including 
the person's spouse;  or
		(2)  uses or exhibits a deadly weapon during the 
commission of the assault. 
	(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:
		(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;  
or
		(2)  regardless of whether the offense is committed 
under Subsection (a)(1) or (a)(2), the offense is committed:
			(A)  by a public servant acting under color of the 
servant's office or employment;
			(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;
			(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
			(D)  against a person the actor knows is a 
security officer while the officer is performing a duty as a 
security officer.
	(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.
	(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.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1979, 66th Leg., p. 367, ch. 164, § 2, eff. Sept. 
1, 1979;  Acts 1979, 66th Leg., p. 1521, ch. 655, § 2, eff. Sept. 
1, 1979;  Acts 1983, 68th Leg., p. 349, ch. 79, § 1, eff. Sept. 1, 
1983;  Acts 1983, 68th Leg., p. 5311, ch. 977, § 2, eff. Sept. 1, 
1983;  Acts 1985, 69th Leg., ch. 223, § 1, eff. Sept. 1, 1985;  
Acts 1987, 70th Leg., ch. 18, § 3, eff. April 14, 1987;  Acts 
1987, 70th Leg., ch. 1101, § 12, eff. Sept. 1, 1987;  Acts 1989, 
71st Leg., ch. 939, § 1 to 3, eff. Sept. 1, 1989;  Acts 1991, 72nd 
Leg., ch. 334, § 2, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 
903, § 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 900, § 
1.01, eff. Sept. 1, 1994;  Acts 2003, 78th Leg., ch. 1019, § 3, 
eff. Sept. 1, 2003;  Acts 2005, 79th Leg., ch. 788, § 3, eff. 
Sept. 1, 2005.

Last modified: August 11, 2007