Assault — Tex. Penal Code §22.01

Class C → F2§22.01Free preview

Assault (Tex. Penal Code §22.01): Class A misdemeanor (default; bodily injury). Bodily injury (§22.01(a)(1)): Class A misdemeanor base — up to 1 year county jail + up to $4,000 fine (§12.21). Threat or offensive contact (§22.01(a)(2), (a)(3)): Class C misdemeanor — fine up to $500, except Class A against an elderly or disabled individual (offensive contact only) or against a pregnant individual to force an abortion, and Class B when a non-sports participant commits it against a person the actor knows is a sports participant, while performing duties as one or in retaliation for them (§22.01(c)).

Statute: Tex. Penal Code §22.01
Classification: Class A misdemeanor (default; bodily injury)
Grade range: Class C misdemeanor to Second-degree felony
Last checked: November 2, 2026

Elements of the Offense

MicroPenal's summary of what the State must prove. Prove each numbered element; where alternatives are listed, any one of them is enough. Wording may be condensed. The official statute text controls.

A person
Any one of these
- 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)
- Intentionally or knowingly causes physical contact with another when the actor knows or should reasonably believe the other will regard the contact as offensive or provocative

Statutory Language

The verbatim text of Tex. Penal Code §22.01 is published on the official Texas statutes website. MicroPenal does not reproduce it here; the statute controls over this summary.Read the statute

Punishment

Bodily injury (§22.01(a)(1)): Class A misdemeanor base — up to 1 year county jail + up to $4,000 fine (§12.21). Threat or offensive contact (§22.01(a)(2), (a)(3)): Class C misdemeanor — fine up to $500, except Class A against an elderly or disabled individual (offensive contact only) or against a pregnant individual to force an abortion, and Class B when a non-sports participant commits it against a person the actor knows is a sports participant, while performing duties as one or in retaliation for them (§22.01(c)).

Enhancements

Each enhancement applies only if its conditions are proven.

Condition	Raises the offense to	Statute
Bodily-injury assault 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	3rd degree felony	§22.01(b)(1)
Bodily-injury assault against a family member, household member, or dating partner (Fam. Code §71.0021(b), §71.003, §71.005), AND shown at trial that the defendant was previously convicted of an offense against such a person under Penal Code ch. 22, ch. 19, or §20.03, §20.04, §21.11, or §25.11, or under §25.07 or §25.072 if based on family violence as described by §25.07(a)(1). A guilty or nolo plea for deferred adjudication counts, and a substantially similar out-of-state conviction counts (§22.01(f))	3rd degree felony	§22.01(b)(2)(A)
Bodily-injury assault against a family member, household member, or dating partner, committed by intentionally, knowingly, or recklessly impeding the person's normal breathing or circulation of the blood by applying pressure to the throat or neck or by blocking the nose or mouth (no prior required)	3rd degree felony	§22.01(b)(2)(B)
Bodily-injury assault against a person who contracts with government to perform a service in a facility described by Penal Code §1.07(a)(14) (correctional facility) or Fam. Code §51.02(13) or (14), or that person's employee: while 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 in retaliation for or on account of performing such a service	3rd degree felony	§22.01(b)(3)
Bodily-injury assault against a person the actor knows is a security officer while the officer is performing a duty as a security officer	3rd degree felony	§22.01(b)(4)
Bodily-injury assault against a person the actor knows is emergency services personnel while the person is providing emergency services	3rd degree felony	§22.01(b)(5)
Bodily-injury assault against a person the actor knows is a process server while the person is performing a duty as a process server	3rd degree felony	§22.01(b)(6)
Bodily-injury assault against a pregnant individual to force the individual to have an abortion	3rd degree felony	§22.01(b)(7)
Bodily-injury assault against a person the actor knows is pregnant at the time of the offense	3rd degree felony	§22.01(b)(8)
Bodily-injury assault against a person the actor knows is hospital personnel while the person is located on hospital property, including all land and buildings owned or leased by the hospital	3rd degree felony	§22.01(b)(9)
Bodily-injury assault against a person the actor knows or reasonably should know is an employee or agent of a utility while the person is performing a duty within the scope of that employment or agency	3rd degree felony	§22.01(b)(10)
Any §22.01(a) assault (injury, threat, or contact) by an actor committed to a civil commitment facility, against a person the actor knows is an officer or employee of the Texas Civil Commitment Office (while lawfully discharging an official duty, or in retaliation for official acts), or a person the actor knows is contracting with the state to perform a service in a civil commitment facility or that person's employee (while performing a service within the scope of the contract, or in retaliation for it)	3rd degree felony	§22.01(b-1)
Bodily-injury assault 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	2nd degree felony	§22.01(b-2)
Bodily-injury assault against a family member, household member, or dating partner, committed by intentionally, knowingly, or recklessly impeding breathing or circulation (pressure on throat or neck, or blocking nose or mouth), AND shown at trial that the defendant has a qualifying prior (same list as (b)(2)(A), including deferred adjudication and out-of-state convictions, §22.01(f))	2nd degree felony	§22.01(b-3)
Bodily-injury assault, shown at trial to have been committed in the course of committing an offense under §20.05(a)(2) (smuggling of persons)	3rd degree felony	§22.01(b-4)
Offensive-contact assault (§22.01(a)(3)) against an elderly individual (65 or older) or a disabled individual, as defined by §22.04. A threat (§22.01(a)(2)) against them remains Class C	Class A misdemeanor	§22.01(c)(1)
Threat (§22.01(a)(2)) or offensive-contact (§22.01(a)(3)) assault committed against a pregnant individual to force the individual to have an abortion	Class A misdemeanor	§22.01(c)(3)

Except (b-1), (c)(1), and (c)(3), these tiers apply only to bodily-injury assault (§22.01(a)(1)). Knowledge that the person assaulted was a public servant, security officer, utility employee or agent, or emergency services personnel is presumed if the person wore a distinctive uniform or badge indicating that status (§22.01(d)). For (b-1), knowledge that the person was a Texas Civil Commitment Office officer or employee, or a contractor or contractor's employee performing a service in a civil commitment facility, is presumed if the person wore a distinctive uniform or badge indicating that status (§22.01(d-1)).

Source and verification

Official text: Tex. Penal Code §22.01 on the Texas statutes website (statutes.capitol.texas.gov).
Last checked against the official statute text on November 2, 2026.
Published by MicroPenal from reference data release 2026-11-02. The elements and punishment above are MicroPenal's summary, not the statute itself.
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