27.01, eff. Consequently, a deadly weapon is any type of gun or anything that can be used to cause death or serious bodily. 1.01, eff. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Fort Worth Criminal Defense Attorney, Jeff Hampton, may be able to get your charges reduced or dismissed, or he could win you an acquittal in a court of law. Web(1) a defendant has been previously convicted of an offense listed in those subsections committed against a person whose relationship to or association with the defendant is (a) A person commits an offense if the 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. (C) the victim is an elderly individual or a disabled individual. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. Penal Code 12.42, 12.43 (2022).). Aggravated Assault is a serious crime under Texas law. If his bond is too high for you to post, his attorney may be able to get it lowered by filing a motion and Offender shot a firearm from a motor vehicle at another motor vehicle, building, or house with. September 1, 2017. 260 (H.B. (a) A person commits an offense if the person commits assault as defined in Sec. 7, eff. 28, eff. 2, eff. 1, 2, eff. The alleged victim knows that if he does not claim you attacked him first with the gun, he will face his own aggravated assault deadly weapon arrest and face prosecution and a possible conviction. 1008, Sec. Acts 2015, 84th Leg., R.S., Ch. Texas GOP may censure Tony Gonzales over votes on gay marriage, guns, At least 13 mayors arrested on child sex crimes since 2021 | Fox News, Man guilty of sexually abusing girl in Lubbock gets 25 years in prison - KLBK, causes serious bodily injury to another, including his or her spouse or, uses or exhibits a deadly weapon during the commission of an Assault. 467 (H.B. Sept. 1, 1983. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sec. Amended by Acts 1977, 65th Leg., p. 2067, ch. Acts 2017, 85th Leg., R.S., Ch. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. 268 (S.B. 1, eff. 788 (S.B. After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. Acts 2017, 85th Leg., R.S., Ch. Jan. 1, 1974. (8) a person the actor knows is pregnant at the time of the offense. To act knowingly means to act in a manner that you are aware that your conduct is reasonably certain to cause the result. For example, if someone shoots in the direction of someone knowing there are people around their target, it does not matter if they meant to shoot them. 1259), Sec. Jul 14, 2020. 1164), Sec. Added by Acts 1983, 68th Leg., p. 2812, ch. 164), Sec. 1, eff. (3) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty. Amended by Acts 1993, 73rd Leg., ch. Below, we are going to detail the law and associated penalties and tell you how a knowledgeable criminal defense attorney can help. 22.011. 2, eff. 22.041. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 164, Sec. Acts 2019, 86th Leg., R.S., Ch. If a judge has assigned a total bail amount for your case, you can choose to hire a bail bond agent to post bond on your behalf. 1549), Sec. 1575), Sec. What if the criminal mental state can be proven by the prosecutor? A capital felony includes espionage, treason, or premeditated murder. Sept. 1, 1985; Acts 1987, 70th Leg., ch. (d) In this section, "correctional or detention facility" means: (2) a "secure correctional facility" or a "secure detention facility" as defined by Section 51.02, Family Code, operated by or under contract with a juvenile board or the Texas Juvenile Justice Department or any other facility operated by or under contract with that department. Sec. 3, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Texas Criminal Attorneys Taking Care of Texas Blawg. Sec. 399, Sec. (3) "Disabled individual" means a person: (i) autism spectrum disorder, as defined by Section 1355.001, Insurance Code; (ii) developmental disability, as defined by Section 112.042, Human Resources Code; (iii) intellectual disability, as defined by Section 591.003, Health and Safety Code; (iv) severe emotional disturbance, as defined by Section 261.001, Family Code; (v) traumatic brain injury, as defined by Section 92.001, Health and Safety Code; or, (vi) mental illness, as defined by Section 571.003, Health and Safety Code; or. If you have been charged with aggravated assault in Texas, you need to be informed about the charges you are facing and prepared for what you can do to attack those charges. 91), Sec. (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; (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; (D) against a person the actor knows is a process server while the person is performing a duty as a process server; or, (E) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or. 977, Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Jan. 1, 1974. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 481, Sec. 14, Sec. Recklessness is acting with a conscious disregard to the results of that action. The attorney listings on this site are paid attorney advertising. 1.01, eff. In this case, they can still be released from jail. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (b) An offense under this section is a felony of the third degree. (d) For purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant, a security officer, or emergency services personnel 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 or emergency services personnel. 549), Sec. Typically, Aggravated Assault is charged as a Second or First Degree felony. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. Acts 1973, 63rd Leg., p. 883, ch. Because Aggravated Assault Serious Bodily Injury is a second-degree felony charge, it must be presented to a grand jury for indictment. (vi) with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim's ability to appraise the nature of the act or to resist the act; (B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or. 1 (S.B. Acts 2021, 87th Leg., R.S., Ch. (a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is: (1) younger than seven years of age; and. Added by Acts 1984, 68th Leg., 2nd C.S., ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 366, Sec. 620 (S.B. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. September 1, 2017. (d) For purposes of an omission that causes a condition described by Subsection (a)(1), (2), or (3), the actor has assumed care, custody, or control if the actor has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that the actor has accepted responsibility for protection, food, shelter, or medical care for a child, elderly individual, or disabled individual. Texas Penal Code Section 22.02(a)(1)-(2) states that an individual can be found guilty of Aggravated Assault if he or she: Assault only requires a bodily injury. This can mean any physical pain, illness, or impairment. How much bail costs normally depends on the charge that the defendant is facing. (Tex. 900, Sec. (b) An offense under this section is a Class A misdemeanor. Added by Acts 2019, 86th Leg., R.S., Ch. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. The bail bond agent will post bond on your behalf in exchange for a fee that is equal to The less time he has to study the facts of your case and develop a strong defense, though, the lower your chances are of that happening. 1, eff. Deadly weapons can be any object that's capable of causing death or serious bodily injury and used in such a manner. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. September 1, 2017. Sept. 1, 2003. (3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, or Penalty Group 1-B, Section 481.1022, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code. (c) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. Aggravated assault is charged as at least a second-degree felony, with possible consequences including 2 to 20 years in prison and a fine of up to $10,000. Acts 1973, 63rd Leg., p. 883, ch. 334, Sec. 939, Sec. 284(23) to (26), eff. Feb. 1, 2004. (2) "Spouse" means a person who is legally married to another. 1, eff. 858 (H.B. Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. 1.01, eff. 10, eff. 1, eff. 34 (S.B. 15.02(b), eff. 1, eff. 2, eff. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. 29, eff. 273 (H.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (3) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth. 22.04. recklessly engaging in any conduct that places another at imminent risk of suffering a serious bodily injury, or. 284 (S.B. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. Here are a few examples: Additionally, there may be many reasons people will claim aggravated assault deadly weapon. 2, eff. WebThe current Texas law defines the offense of Aggravated Sexual Assault in Penal Code Section 22.021 as follows: [1] (a) A person commits an offense: (1) if the person: (A) intentionally or knowingly: (i) causes the penetration of the anus or sexual organ of another person by any means, without that persons consent; 1 to 3, eff. Acts 2019, 86th Leg., R.S., Ch. 3, eff. Your ability to find quality employment and housing may be hampered, and you will lose other rights such as the right to bear arms. 623 (H.B. Sept. 1, 1981; Acts 1989, 71st Leg., ch. Acts 2021, 87th Leg., R.S., Ch. 734 (H.B. Possibility of community supervision. 1, eff. 1, eff. (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. Nothing on this website should be considered valid legal advice, nor is it intended to be. 1019, Sec. 719 (H.B. 896, Sec. 24, Sec. In addition to finding a reputable bail bond agent near you, reach out to a defense attorney to be informed and guided throughout the process until the court date comes. AIDING SUICIDE. Your attorney will advise you on the best options available to fight back against your charges. September 1, 2019. (f) For the purposes of Subsections (b)(2)(A) and (b-3)(2): (1) a defendant has been previously convicted of an offense listed in those subsections 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, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; and. Acts 2005, 79th Leg., Ch. Amended by Acts 1979, 66th Leg., p. 367, ch. 659, Sec. The penalties for assault on a family member can vary depending on what level of charge was brought against you. Sec. 1286, Sec. Are the permanently disfigured? Sept. 1, 1985. 417, Sec. (3) "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. 1576), Sec. (a) A person commits an offense if he 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; (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. A simple assault can be charged as a 3rd-degree felony if the victim is: If the offense was committed against a court judge or a police officer, it will be considered a 2nd-degree felony which is punishable by up to 20 years in jail. The estimated bail amount in such cases can be more than $500,000. 139, Sec. 643), Sec. 2 min read. Never believe anything you read on the internet, even if it is found on a law related blog. Acts 2007, 80th Leg., R.S., Ch. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. 667), Sec. 685 (H.B. Aggravated assaultis normally a second-degree felony. Serious bodily injury is described as such under Texas criminal law: Specifically, a prosecutor must prove that the alleged victim sustained an injury so severe that they are no longer able to act in a manner that they could prior to the injury. Jan. 1, 1974. 436 (S.B. If you are convicted for assault, the sentencing will fall along these lines: Class C misdemeanor: Fine of up to $500. (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. 1, eff. TAMPERING WITH CONSUMER PRODUCT. Sept. 1, 1994; Acts 1995, 74th Leg., ch. If the grand jury agrees, the aggravated assault charge could be lowered to a misdemeanor assault charge or be completely dismissed through a no bill. CLICK HERE FOR TITLE OR CONTRACT BONDS. 1415, Sec. September 1, 2011. (f) An offense under Subsection (a)(3) or (a-1)(3) is a felony of the third degree when the conduct is committed intentionally or knowingly, except that an offense under Subsection (a)(3) is a felony of the second degree when the conduct is committed intentionally or knowingly and the victim is a disabled individual residing in a center, as defined by Section 555.001, Health and Safety Code, or in a facility licensed under Chapter 252, Health and Safety Code, and the actor is an employee of the center or facility whose employment involved providing direct care for the victim. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1, eff. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. Acts 2005, 79th Leg., Ch. Your permanent record will be negatively affected. (g) 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 or both sections. 29), Sec. 4170), Sec. 1, eff. For example, grabbing a pencil and trying to stab someone in the eye would categorize the pencil as a deadly weapon under Texas law because its intended use, in this example, was to cause serious bodily injury or death. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, intentionally, knowingly or recklessly causing serious bodily injury to another person, or, using or exhibiting a deadly weapon in the course of committing, the offender uses a deadly weapon in committing, the aggravated assault is committed by or against a public servant, such as a state worker or city counselor acting in their official capacity, the offender commits aggravated assault in retaliation against a witness, informant, or a person who reported a crime, or. Lets break down the parts of that definition. Adeadly weaponis a weapon that is inherently dangerous, such as a firearm, knife, or brass knuckles. (b) A person commits an offense if he 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. Texas Criminal Attorneys Taking Care of Texas Blawg. (i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode; (ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person; (iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person; (iv) uses or exhibits a deadly weapon in the course of the same criminal episode; (v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or. This article will review the crimes of aggravated assault (with or without a deadly weapon) and deadly conduct and their penalties. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 22.012. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. Typically, Aggravated Assault is charged as a Second or First Degree felony. September 1, 2009. 6, eff. Acts 2009, 81st Leg., R.S., Ch. 2.04, eff. (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. 2552), Sec. Aggravated Assault By Threat Charges in Texas, Penalties for Aggravated Assault in Texas, Fighting Back against a Texas Sex Crime Charge. September 1, 2005. 1, eff. 900, Sec. Sept. 1, 2001. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 3, eff. Acts 2015, 84th Leg., R.S., Ch. 1, eff. (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. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). 528, Sec. In Texas, a person who threatens, causes, or recklessly places another at risk of serious bodily injury can face charges of aggravated assault or deadly conductboth of which carry felony penalties and the possibility of prison time. 2, eff. (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. In the following situations, however, aggravated assault will be charged as afirst-degree felony, and conviction can result in a prison sentence of five to 99 years and a fine of up to $10,000. 1, eff. 284(32), eff. Any interaction that has physical contact that causes harm to the other person is considered assault. 819, Sec. If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agent to post the bond on your behalf. Sept. 1, 1999. 2589), Sec. If a non-sports participant provokes or threatens a sports participant, whether its a coach, referee, staff member, or instructor, the law will address the crime as a Class B misdemeanor. 2, eff. To act intentionally means to act in such a way that it is your conscious objective or desire to engage in the conduct or cause the result. In other words, someone that picks up a weapon and points it directly at another person and pulls the trigger acted with a conscious desire to cause the result of the person being injured by the weapon. the offender shoots a firearm from a motor vehicle at a house, building, or motor vehicle with reckless disregard for whether it's occupied and causes serious bodily injury to the victim. Acts 2017, 85th Leg., R.S., Ch. A King County judge granted pre-trial release to a man accused of killing one person and shooting six others in the Jan. 2020 mass shooting in downtown Seattle. (c) An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense: (1) is committed against a member of the person's family or household or otherwise constitutes family violence; or. While states define and penalize aggravated assault differently, most punish these crimes (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. Third-degree assault charges can be punished with a maximum fine of $10,000 and up to 10 years in prison if the assault was of high severity and the victim belongs to one of the categories mentioned above. 900, Sec. Repeat felony and misdemeanor offenders can face enhanced sentences, such as an increased felony level (third-degree moves up to second-degree) or mandatory minimums (a minimum of 90 days in jail or 15 years' prison time). However, as discussed below, Aggravated Assault involves a serious bodily injury, which is significantly more severe. September 1, 2013. 22.07. 655, Sec. Acts 2009, 81st Leg., R.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. 223, Sec. September 1, 2017. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sept. 1, 1994. Acts 2015, 84th Leg., R.S., Ch. When the conduct is engaged in recklessly, the offense is a felony of the second degree. So, how much is bail for assault in Texas? 1286), Sec. As an alternative to jail or prison, a judge may authorize community supervision (probation) for offenders who are sentenced for misdemeanors or felonies with less than 10 years of incarceration. Acts 2009, 81st Leg., R.S., Ch. At The Hampton Law Firm, you will have a team of 5 Former Tarrant County Prosecutors working in your corner to provide you the best legal advice and fight to ensure you receive the best possible outcome on your aggravated assault charge. TERRORISTIC THREAT. September 1, 2007. Penal Code 1.07, 22.01, 22.02 (2022).). Amended by Acts 1979, 66th Leg., p. 1114, ch. If youve been charged with a crime, call us today. (i) It is an affirmative defense to prosecution under Subsection (b)(2) that before the offense the actor: (1) notified in person the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d), and notified in writing the parents or a person, other than the actor, acting in loco parentis to the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d); or.