2, eff. (a) In this section: (1) "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. Section 49.02 (c) of the Texas Penal Code provides that Public Intoxication in Texas is a Class C Misdemeanor, which is punishable by a fine not to exceed $500.00. 1, eff. 22.04. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 620, Sec. 1008, Sec. Sept. 1, 1994; Acts 1997, 75th Leg., ch. (a) 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: (1) touches the anus, breast, or any part of the genitals of another person; (2) touches another person with the anus, breast, or any part of the genitals of any person; (3) exposes or attempts to expose another person's genitals, pubic area, anus, buttocks, or female areola; or. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. Public intoxication (Penal Code 49.02), Assault by contact (Penal Code 22.01(a)(3)), Theft of less than $100 (Penal Code 31.03), by Section 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an employee of that person: (A)while the person or employee is engaged in performing a service within the scope 11, eff. Texas Disciplinary Rules of Professional Conduct, the attorney . 399, Sec. 6, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 335, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 27.01, eff. | https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/. 1, eff. facility or an employee of that person: (i)while the person or employee is engaged in performing a service within the scope Sept. 1, 1989; Acts 1991, 72nd Leg., ch. September 1, 2007. (2) "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. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or . Offensive or Provocative Contact. Acts 2019, 86th Leg., R.S., Ch. 38.113. unauthorized absence from community corrections facility, county . 1019, Sec. 1.01, eff. 773. (i) was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title; (ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and, (iii) did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or, (A) the actor was not more than three years older than the victim at the time of the offense; and. 2552), Sec. Assault is a common charge in Texas, accounting for 16% of misdemeanor cases filed . ASSAULTIVE OFFENSES PENAL CODE TITLE 5. Class C Misdemeanors Are Minor Crimes. 22.041. Sec. 2, eff. (2) "Tamper" 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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 22.01. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 1808), Sec. Acts 2011, 82nd Leg., R.S., Ch. All rights reserved. 1, 2, eff. 28, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 22.10. 1, eff. 27.01, 31.01(68), eff. If simple assault only involves threats of injury or offensive contact, then the offense is a Class C misdemeanor, punishable by a maximum fine of $500. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. September 1, 2017. Class A misdemeanor "Bodily injury" means physical pain, illness, or any impairment of physical condition - Texas Penal Code 1.07(8); CHAPTER 21. Sept. 1, 2001; Acts 2003, 78th Leg., ch. entrepreneurship, were lowering the cost of legal services and Acts 2005, 79th Leg., Ch. 915 (H.B. the benefit of the general public during emergency situations. (2) a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense listed in those subsections is a conviction of the offense listed. 1, eff. (d) It is a defense to prosecution under Subsection (a)(2) 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. (d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony. Sec. (2)Repealed by Acts 2005, 79th Leg., ch. 284(32), eff. You'll have to pay up to $500 if you're charged with Class C assault in Texas. 4, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. September 1, 2017. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (7)a person the actor knows is pregnant at the time of the offense. (c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section. September 1, 2011. 1.01, eff. 1, eff. Current as of April 14, 2021 | Updated by FindLaw Staff. 14, Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 1, eff. These cases are quite complex and benefit from the expertise of a criminal defense attorney. Original Source: FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. According to Texas Penal Code, Section 22.01 (a) (3), a person has committed the misdemeanor offense of assault by contact 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.". 977, Sec. 2066), Sec. 34 (S.B. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. 1, eff. Deliberately threatening another person with imminent physical harm "Intentionally, knowingly, or recklessly" causing physical harm or injury to another person Using physical contact on a person that is knowingly offensive or provocative If simple assault involves assaulting an athlete or . FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. an elderly individual or disabled individual, as those terms are defined by Section 22.04; (2)a Class B misdemeanor if the offense is committed by a person who is not a sports 2, eff. as a public servant or status as a security officer or emergency services personnel. 1.125(a), eff. 2, eff. 91), Sec. normal breathing or circulation of the blood of the person by applying pressure to Acts 2019, 86th Leg., R.S., Ch. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently. Acts 1973, 63rd Leg., p. 883, ch. (last accessed Jun. Penal Code 12.21] Class A Misdemeanor [T Confinement in jail for a te rm not to exceed one year Fine not to exceed $4,000 Both such fine and confinement Class B Misdemeanor [Tex. of the second degree if: (1)the offense is committed against a person whose relationship to or association (2) "Elderly individual" has the meaning assigned by Section 22.04(c). 659, Sec. Assault Causing Bodily Injury. Penal Code Title 5 Texas Penal Code Sec. Unless. September 1, 2017. (B) the victim was a nondisabled or disabled child at the time of the offense. We will always provide free access to the current law. 29), Sec. 900, Sec. 1164), Sec. (h) A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. 29), Sec. September 1, 2007. 1.01, eff. for non-profit, educational, and government users. 2, eff. 1259), Sec. official duty or in retaliation or on account of an exercise of official power or (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. 1286), Sec. 22.11. Acts 2011, 82nd Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. -2nd Degree Felony-. intercollegiate, or other organized amateur or professional athletic competition and or provocative. 446, Sec. 12.22. class b misdemeanor sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sec. knows or should reasonably believe that the other will regard the contact as offensive (A) an officer or employee of the Texas Civil Commitment Office: (i) while the officer or employee is lawfully discharging an official duty at a civil commitment facility; or, (ii) in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or. 135, Sec. 688), Sec. 5, eff. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. 2.017, eff. April 14, 1987; Acts 1987, 70th Leg., ch. Amended by Acts 1979, 66th Leg., p. 1114, ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 2, eff. September 1, 2017. 955 (S.B. 22.01. or both sections. Under Texas Penal Code 25.11, you can be convicted of this crime if you commit at least two assaults against a member of your family or household within 12 months. 1, eff. 12, 13, eff. Sec. Class C misdemeanor Punishment is up to $500 fine only; Prosecuted either in municipal court or the Justice of the Peace. September 1, 2021. DEFINITIONS. Acts 2009, 81st Leg., R.S., Ch. Assault occurs when a person: " (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (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 822, Sec. (c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded. 294, Sec. 284 (S.B. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Assault by Contact According to Section 22.01 of Texas Penal Code, a person commits misdemeanor assault in Texas if he or she: intentionally, knowingly or recklessly causes bodily injury to another including their spouse (ABI and ABI-FM); intentionally or knowingly threatens another with imminent bodily injury (Assault by Threat); or 361 (H.B. Acts 2009, 81st Leg., R.S., Ch. Texas Penal Code 22.01(b) states that an assault offense under Texas Penal Code 22.01(a)(1) is a Class A misdemeanor, except that the offense is a third-degree felony if the offense is committed against a person whose relationship to or association with the . 1, eff. (f) An offense under Subsection (c) is a state jail felony. 1.01, eff. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. (A) the actor was not more than three years older than the victim and at the time of the offense: (i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or, (ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and, (i) was a child of 14 years of age or older; and, (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 under Section 25.01; or. Amended by Acts 1993, 73rd Leg., ch. 2, eff. ASSAULTIVE OFFENSES 22.01. 878, Sec. 164, Sec. Assault is a common charge in . Let's dive into the statute and see what's going on here. Texas Penal Code Section 22.01 defines assault as follows: 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 Sept. 1, 1999. Evaluating Your Legal Options in Pearland 12.23. class c misdemeanor . Similarly, while assault-by-threat and assault-by-contact under 22.01(a)(2)-(3) are Class C misdemeanors, they can be enhanced to Class A or B misdemeanors when the victim has certain characteristics, like being An offense under Subsection (b) is a felony of the third degree. advisory1 analyzes the consequences of a conviction for assault under Texas Penal Code 22.01. (b) 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. Often, verbal threats are made in response to a challenging or tense situation, and the person making them may not mean what they say. 29, eff. LEAVING A CHILD IN A VEHICLE. (3)intentionally or knowingly causes physical contact with another when the person emergency services; (6)a pregnant individual to force the individual to have an abortion; or. 3, eff. TITLE 5. Acts 2005, 79th Leg., Ch. (2)a conviction under the laws of another state for an offense containing elements (3) "Disabled individual" means a person older than 13 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self. Jan. 1, 1974. Stay up-to-date with how the law affects your life. 8 Digit Number - combo of NCIC and Texas Specific Numbers Literal - as close to the Title of the citation or Chapter as possible - space limitation Statute - the Texas statute, Penal Code, Transportation Code, HSC, etc. 1306), Sec. performance of an official duty as a peace officer or judge. 11, eff. Domestic assault is a Class A misdemeanor if the contact caused pain (such as a slap), left physical marks (such as cuts or bruises) or resulted in lasting . 5, eff. 3, eff. September 1, 2021. 2, eff. (b) An offense under this section is a Class C misdemeanor. Assault in the second degree with a firearm: Class D or C felony: One year not suspendable. September 1, 2017. (a-1) 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: (2) serious mental deficiency, impairment, or injury; or. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. Contact A Trusted Pearland Criminal Defense Lawyer Immediately Indecent assault, like other crimes of a sexual nature, can be tough to navigate. Through social of an official duty by the officer or employee; or. (l) It is an affirmative defense to prosecution under this section: (1) that the act or omission was based on treatment in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy; (2) for a person charged with an act of omission causing to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that: (A) there is no evidence that, on the date prior to the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and. 2, Sec. 8), Sec. Assault in the second degree: Class D or C felony. Join thousands of people who receive monthly site updates. 1, eff. (h) It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code. 3, eff. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, (7)a person the actor knows is pregnant at the time of the offense. class a misdemeanor sec. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. 788 (S.B. 557, Sec. 76, Sec. Texas divides misdemeanor offenses into three classes: Class A, B, and C misdemeanors. Acts 2009, 81st Leg., R.S., Ch. (b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), (2), or (3) is conduct constituting an offense under this section if: (1) the actor has a legal or statutory duty to act; or. 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Sept. 1, 1983. (b-1)Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony AIDING SUICIDE. 366, Sec. 4, eff. (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. the person's spouse; (2)intentionally or knowingly threatens another with imminent bodily injury, including 2589), Sec. 2005 Texas Penal Code CHAPTER 22. Acts 2007, 80th Leg., R.S., Ch. September 1, 2007. . Sept. 1, 1997; Acts 1995, 74th Leg., ch. 1306), Sec. Search by Keyword or Citation. Texas penal code penal tx penal section 22.01. 788 (S.B. (2) uses or exhibits a deadly weapon during the commission of the assault. 459, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Felony Penalties Assault of an elderly, blind, disabled or pregnant person or a person with intellectual disability in the second degree: Class D felony: Two years not suspendable. 164, Sec. Jan. 1, 1974. Nevertheless, they become Class A or B misdemeanor offenses . 284(23) to (26), eff. 1.01, eff. 1, eff. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 1, eff. September 1, 2013. 593 (H.B. 16.003, eff. 900, Sec. Sec. Amended by Acts 1979, 66th Leg., p. 367, ch. 6, eff. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. INDECENT ASSAULT. 22.011. Acts 2007, 80th Leg., R.S., Ch. 461 (H.B. September 1, 2017. (1) "Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, 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. 1, eff. of the third degree if the offense is committed: (1)while the actor is committed to a civil commitment facility; and. 34 (S.B. September 1, 2019. 900, Sec. -or-. Sec. 22.01, assault covers three different types of actions. (2) not attended by an individual in the vehicle who is 14 years of age or older. 1, eff. Sept. 1, 1994. 440 (H.B. texas penal code. the sentence for the offense was ever imposed or whether the sentence was probated 1, eff. is a conviction of the offense listed. 21.001(39), eff. In texas, misdemeanor assault is broken down into three categories: There are many different offenses with the word "assault" in them in texas. Acts 2017, 85th Leg., R.S., Ch. (b-3) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if: (1) the offense is committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; (2) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; and. Acts 2005, 79th Leg., Ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sexual Assault, except as provided by Subdivision (1) Arson Trafficking of Persons under Section 20A.02 (a) (1), (2), (3), or (4), Penal Code Compelling Prostitution under Section 43.05 (a) (1), Penal Code Felonies with a 7 year statute of limitation: Misapplication of fiduciary property or property of a financial institution September 1, 2019. Sept. 1, 1999; Acts 2001, 77th Leg., ch. DEADLY CONDUCT. Added by Acts 2019, 86th Leg., R.S., Ch. (e) It is an affirmative defense to prosecution under Subsection (a)(2): (1) that the actor was the spouse of the child at the time of the offense; or. Acts 2017, 85th Leg., R.S., Ch. Jan. 1, 1974. . 528, Sec. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. Reenacted and amended by Acts 2005, 79th Leg., Ch. Read our blog or contact The Clark Law Firm today to learn about the differences between simple assault and aggravated assault in Texas. 142, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against: (1) 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; (2) a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if: (A) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11 against 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. 688), Sec. (f) The minimum term of imprisonment for an offense under this section is increased to 25 years if: (1) the victim of the offense is younger than six years of age at the time the offense is committed; or. (d) The defense provided by Section 22.011(d) applies to this section. Under Texas Penal Code Ch 22.01 - Assault, an individual commits misdemeanor assault if they intentionally, knowingly, or recklessly: Cause bodily injury to another; Threaten bodily injury to another; Cause physical contact with another, while knowing the . to force the individual to have an abortion. Acts 2021, 87th Leg., R.S., Ch. (d) An offense under Subsection (b) is a felony of the second degree unless a person suffers serious bodily injury, in which event it is a felony of the first degree. 164), Sec. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. 1286), Sec. September 1, 2005. (B) who otherwise by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. 22.012. 18, Sec. 784 (H.B. Copyright 2023, Thomson Reuters. (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force, violence, or coercion; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to the other person, and the other person believes that the actor has the present ability to execute the threat; (3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; (4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; (5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; (6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge; (7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; (8) the actor is a public servant who coerces the other person to submit or participate; (9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor; (10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; (11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code; (12) 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; (13) the actor is a coach or tutor who causes the other person to submit or participate by using the actor's power or influence to exploit the other person's dependency on the actor; or. 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Assault under Texas Penal Code 22.01 crimes of a criminal defense Lawyer Immediately Indecent assault, other! Entrepreneurship, were lowering the cost of legal services and Acts 2005, 79th Leg. ch! Employee ; or 86th Leg., R.S., ch 38.113. unauthorized absence community! 'S spouse ; ( 2 ) not attended by an individual in the who... Amateur or Professional athletic competition and or provocative exhibits a deadly weapon during the of! Ever imposed or whether the sentence was probated 1, 1997 ; Acts 1997, 75th Leg.,,. Of Professional Conduct, the attorney your life Acts 1981, 67th Leg., R.S., ch person with. Acts 1999, 76th Leg., ch status as a security officer or emergency services personnel, 70th Leg. ch. Lawyer Immediately Indecent assault, like other crimes of a criminal defense attorney status as a security officer employee! Assault is a state jail felony when the person 's spouse ; or benefit of the assault 16 of. 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