Current with legislation from the 2019 Regular Session effective as of December 31, 2020
Section 22.02 - Aggravated Assault(a) A person commits an offense if the person commits assault as defined in Sec. 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;(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; or(3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and:(A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle;(B) is reckless as to whether the habitation, building, or vehicle is occupied; and(C) in discharging the firearm, causes serious bodily injury to any person.(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.Amended By Acts 2009, 81st Leg., R.S., Ch. 594, Sec. 2, eff. September 1, 2009.Amended By Acts 2005, 79th Leg., Ch. 788, Sec. 3, eff. September 1, 2005.Amended By Acts 2003, 78th Leg., ch. 1019, Sec. 3, eff. Sept. 1, 2003.Amended By Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994Amended By Acts 1991, 72nd Leg., ch. 334, Sec. 2, eff. Sept. 1, 1991Amended By Acts 1991, 72nd Leg., ch. 903, Sec. 1, eff. Sept. 1, 1991Amended By Acts 1989, 71st Leg., ch. 939, Sec. 1 to 3, eff. Sept. 1, 1989Amended By Acts 1987, 70th Leg., ch. 1101, Sec. 12, eff. Sept. 1, 1987Amended By Acts 1987, 70th Leg., ch. 18, Sec. 3, eff. April 14, 1987Amended By Acts 1985, 69th Leg., ch. 223, Sec. 1, eff. Sept. 1, 1985Amended By Acts 1983, 68th Leg., p. 349, ch. 79, Sec. 1, eff. Sept. 1, 1983Amended By Acts 1983, 68th Leg., p. 5311, ch. 977, Sec. 2, eff. Sept. 1, 1983Amended by Acts 1979, 66th Leg., p. 367, ch. 164, Sec. 2, eff. Sept. 1, 1979Amended By Acts 1979, 66th Leg., p. 1521, ch. 655, Sec. 2, eff. Sept. 1, 1979 Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.