Battery dating violence definition

(a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.(b) A person commits an offense 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.(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.(d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01.(e) An offense under Subsection (a) is a Class A misdemeanor.

September 1, 2005.(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.(4) "Sports participant" means a person who participates in any official capacity with respect to an interscholastic, intercollegiate, or other organized amateur or professional athletic competition and includes an athlete, referee, umpire, linesman, coach, instructor, administrator, or staff member.(f) For the purposes of Subsections (b)(2)(A) and (b-2)(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(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.(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.

(a) A person commits an offense if:(1) 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; or(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; or(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.(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; or(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.(c) In this section:(1) "Child" means a person younger than 17 years of age.(2) "Spouse" means a person who is legally married to another.(3) "Health care services provider" means:(A) a physician licensed under Subtitle B, Title 3, Occupations Code;(B) a chiropractor licensed under Chapter 201, Occupations Code;(C) a physical therapist licensed under Chapter 453, Occupations Code;(D) a physician assistant licensed under Chapter 204, Occupations Code; or(E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code.(4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a:(A) licensed social worker as defined by Section 505.002, Occupations Code;(B) chemical dependency counselor as defined by Section 504.001, Occupations Code;(C) licensed professional counselor as defined by Section 503.002, Occupations Code;(D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code;(E) member of the clergy;(F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or(G) special officer for mental health assignment certified under Section 1701.404, Occupations Code.(5) "Employee of a facility" means a person who is an employee of a facility defined by Section 250.001, Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer.(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.(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(2) that:(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(B) the victim:(i) was a child of 14 years of age or older; and(ii) was not 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.(f) An offense under this section is a felony of the second degree, except that an offense under this section is a felony of the first degree if the victim was 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.

this type of injunction does not require a domestic relationship between the two parties.

They can be complete strangers other than the allegations of violence.· Sexual violence injunctions, available where certain behavior that would constitute certain criminal sexual acts are committed.

Text of subsection as added by Acts 2017, 85th Leg., R.

(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(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.(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(B) 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;(3) a person who contracts with government to perform a service in a facility as defined 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 of the contract, if the actor knows the person or employee is authorized by government to provide the service; or(B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract;(4) a person the actor knows is a security officer while the officer is performing a duty as a security officer;(5) a person the actor knows is emergency services personnel while the person is providing emergency services; or(6) a pregnant individual to force the individual to have an abortion.(b-1) Notwithstanding Subsection (b), an offense under Subsection (a)(1) is a felony of the third degree if the offense is committed:(1) while the actor is committed to a civil commitment facility; and(2) against:(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(B) a person who contracts with the state to perform a service in a civil commitment facility or an employee of that person:(i) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by the state to provide the service; 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.

Sometimes, though, these intense emotions can lead one spouse to try and physically harm or otherwise abuse the other spouse.

In situations where one spouse is either being abused by the other, injunctions are available to help protect the abused spouse.

27 (b-2) 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(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.

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