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TITLE 5. OFFENSES AGAINST THE PERSON
Chapter
19. Criminal Homicide
20. Kidnapping and Unlawful Restraint
20A Trafficking of Persons
21. Sexual Offenses
22. Assaultive Offenses
CHAPTER 19. CRIMINAL HOMICIDE
Section
19.01. Types of criminal homicide.
19.02. Murder.
19.03. Capital murder.
19.04. Manslaughter.
19.05. Criminally negligent homicide.
19.06. Applicability to Certain Conduct.
§19.01. Types of criminal homicide.
(a) A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the
death of an individual.
(b) Criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide.
§19.02. Murder.
(a) In this section:
(1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of
ordinary temper, sufficient to render the mind incapable of cool reflection.
(2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another
acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.
(b) A person commits an offense if he:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual;
or
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or
attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.
(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence
of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.
§19.03. Capital murder.
(a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and:
(1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows
is a peace officer or fireman;
(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery,
aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6);
(3) the person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for
remuneration or the promise of remuneration;
(4) the person commits the murder while escaping or attempting to escape from a penal institution;
(5) the person, while incarcerated in a penal institution, murders another:
(A) who is employed in the operation of the penal institution; or
(B) with the intent to establish, maintain, or participate in a combination or in the profits of a combination;
(6) the person:
(A) while incarcerated for an offense under this section or Section 19.02, murders another; or
(B) while serving a sentence of life imprisonment or a term of 99 years for an offense under Section 20.04, 22.021, or 29.03,
murders another;
(7) the person murders more than one person:
(A) during the same criminal transaction; or
(B) during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct; or
(8) the person murders an individual under six years of age.
(9) the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county
court, a statutory county court, a justice court, or a municipal court.
(b) An offense under this section is a capital felony.
(c) If the jury or, when authorized by law, the judge does not find beyond a reasonable doubt that the defendant is guilty of an offense
under this section, he may be convicted of murder or of any other lesser included offense.
§19.04. Manslaughter.
(a) A person commits an offense if he recklessly causes the death of an individual.
(b) An offense under this section is a felony of the second degree.
§19.05. Criminally negligent homicide.
(a) A person commits an offense if he causes the death of an individual by criminal negligence.
(b) An offense under this section is a state jail felony.
§19.06. Applicability to Certain Conduct.
This chapter does not apply to the death of an unborn child if the conduct charged is:
(1) conduct committed by the mother of the unborn child;
(2) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent, if the
death of the unborn child was the intended result of the procedure;
(3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of
an assisted reproduction as defined by Section 160.102, Family Code; or
(4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law.
CHAPTER 20. KIDNAPPING AND UNLAWFUL RESTRAINT
Section
20.01. Definitions.
20.02. Unlawful restraint.
20.03. Kidnapping.
20.04. Aggravated kidnapping.
20.05. Unlawful transport.
§20.01. Definitions.
In this chapter:
(1) "Restrain" means to restrict a person's movements without consent, so as to interfere substantially
with the person's liberty, by moving the person from one place to another or by confining the person. Restraint is "without consent" if it is accomplished by:
(A) force, intimidation, or deception; or
(B) any means, including acquiescence of the victim, if:
(i) the victim is a child who is less than 14 years of age or an incompetent person and the parent, guardian, or
person or institution acting in loco parentis has not acquiesced in the movement or confinement; or
(ii) the victim is a child who is 14 years of age or older and younger than 17 years of age, the victim is taken
outside of the state and outside a 120-mile radius from the victim's residence, and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the
movement.
(2) "Abduct" means to restrain a person with intent to prevent his liberation by:
(A) secreting or holding him in a place where he is not likely to be found; or
(B) using or threatening to use deadly force.
(3) "Relative" means a parent or stepparent, ancestor, sibling, or uncle or aunt, including an adoptive
relative of the same degree through marriage or adoption.
(4) "Person" means an individual, corporation, or association.
(5) Notwithstanding Section 1.07, "individual" means a human being who has been born and is alive.
§20.02. Unlawful restraint.
(a) A person commits an offense if he intentionally or knowingly restrains another person.
(b) It is an affirmative defense to prosecution under this section that:
(1) the person restrained was a child younger than 14 years of age;
(2) the actor was a relative of the child; and
(3) the actor's sole intent was to assume lawful control of the child.
(c) An offense under this section is a Class A misdemeanor, except that the offense is:
(1) a state jail felony if the person restrained was a child younger than 17 years of age; or
(2) a felony of the third degree if:
(A) the actor recklessly exposes the victim to a substantial risk of serious bodily injury;
(B) the actor restrains an individual 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; or
(C) the actor while in custody restrains any other person.
(d) It is no offense to detain or move another under this section when it is for the purpose of effecting a lawful arrest or
detaining an individual lawfully arrested.
(e) It is an affirmative defense to prosecution under this section that:
(1) the person restrained was a child who is 14 years of age or older and younger than 17 years of age;
(2) the actor does not restrain the child by force, intimidation, or deception; and
(3) the actor is not more than three years older than the child.
§20.03. Kidnapping.
(a) A person commits an offense if he intentionally or knowingly abducts another person.
(b) It is an affirmative defense to prosecution under this section that:
(1) the abduction was not coupled with intent to use or to threaten to use deadly force;
(2) the actor was a relative of the person abducted; and
(3) the actor's sole intent was to assume lawful control of the victim.
(c) An offense under this section is a felony of the third degree.
§20.04. Aggravated kidnapping.
(a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
(1) hold him for ransom or reward;
(2) use him as a shield or hostage;
(3) facilitate the commission of a felony or the flight after the attempt or commission of a felony;
(4) inflict bodily injury on him or violate or abuse him sexually;
(5) terrorize him or a third person; or
(6) interfere with the performance of any governmental or political function.
(b) A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a
deadly weapon during the commission of the offense.
(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he voluntarily released the victim
in a safe place. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.
§20.05. Unlawful transport.
(a) A person commits an offense if the person for pecuniary benefit transports an individual in a manner that:
(1) is designed to conceal the individual from local, state, or federal law enforcement authorities; and
(2) creates a substantial likelihood that the individual will suffer serious bodily injury or death.
(b) An offense under this section is a state jail felony.
CHAPTER 20A TRAFFICKING OF PERSONS
Section
20A.01. Definitions.
20A.02 Trafficking of Persons
§20A.01. Definitions.
In this chapter:
(1) "Forced labor or services" means labor or services that are performed or provided by another person and
obtained through an actor's:
(A) threatening to cause bodily injury to another;
(B) restraining another in a manner described by Section 20.01(1); or
(C) withholding from another the person's:
(2) "Traffic" means to transport another person or to entice, recruit, harbor, provide, or otherwise obtain
another person for transport by deception, coercion, or force.
Sec. 20A.02. Trafficking of Persons.
(a) A person commits an offense if the person knowingly traffics another person with the intent that the trafficked person
engage in:
(1) forced labor or services; or
(2) conduct that constitutes an offense under Chapter 43.
(b) Except as otherwise provided by this subsection, an offense under this section is a felony of the second degree. An
offense under this section is a felony of the first degree if:
(1) the offense is committed under Subsection (a)(2) and the person who is trafficked is younger than 14 years of age at
the time of the offense; or
(2) the commission of the offense results in the death of the person who is trafficked.
(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 or under both sections.
CHAPTER 21. SEXUAL OFFENSES
Section
21.01. Definitions.
21.06. Homosexual conduct.
21.07. Public lewdness.
21.08. Indecent exposure.
21.11. Indecency with a child.
21.12. Improper Relationship Between Educator and Student.
21.15. Improper photography or visual recording.
§21.01. Definitions.
In this chapter:
(1) "Deviate sexual intercourse" means:
(A) any contact between any part of the genitals of one person and the mouth or anus of another person; or
(B) the penetration of the genitals or the anus of another person with an object.
(2) "Sexual contact" means, except as provided by Section 21.11, any touching of the anus, breast, or any part
of the genitals of another person with intent to arouse or gratify the sexual desire of any person.
(3) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.
(4) "Spouse" means a person to whom a person is legally married under Subtitle A, Title 1, Family Code, or a comparable law of another jurisdiction.
§21.06. Homosexual conduct.
(a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex.
(b) An offense under this section is a Class C misdemeanor.
§21.07. Public lewdness.
(a) A person commits an offense if he knowingly engages in any of the following acts in a public place or, if not in a
public place, he is reckless about whether another is present who will be offended or alarmed by his:
(1) act of sexual intercourse;
(2) act of deviate sexual intercourse;
(3) act of sexual contact;
(4) act involving contact between the person's mouth or genitals and the anus or genitals of an animal or fowl.
(b) An offense under this section is a Class A misdemeanor.
§21.08. Indecent exposure.
(a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the
sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.
(b) An offense under this section is a Class B misdemeanor.
§21.11. Indecency with a child.
(a) A person commits an offense if, with a child younger than 17 years and not the person's spouse, whether the child is
of the same or opposite sex, the person:
(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire of any person:
(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or
(B) causes the child to expose the child's anus or any part of the child's genitals.
(b) It is an affirmative defense to prosecution under this section that the actor:
(1) was not more than three years older than the victim and of the opposite sex;
(2) did not use duress, force, or a threat against the victim at the time of the offense; and
(3) at the time of the offense:
(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this
section.
(c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify
the sexual desire of any person:
(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a
child; or
(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any
part of the genitals of a person.
(d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony
of the third degree.
§21.12. Improper Relationship Between Educator and Student.
(a) An employee of a public or private primary or secondary school commits an offense if the employee engages in sexual
contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works and who is not the employee's
spouse.
(b) An offense under this section is a felony of the second degree.
(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 or both sections.
§21.15. Improper photography or visual recording.
(a) In this section, "promote" has the meaning assigned by Section 43.21.
(b) A person commits an offense if the person:
(1) photographs or by videotape or other electronic means visually records another:
(A) without the other person's consent; and
(B) with intent to arouse or gratify the sexual desire of any person; or
(2) knowing the character and content of the photograph or recording, promotes a photograph or visual recording
described by Subdivision (1).
(c) An offense under this section is a state jail felony.
(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may
be prosecuted under this section or the other law.
CHAPTER 22. ASSAULTIVE OFFENSES
Section
22.01. Assault.
22.011. Sexual assault.
22.015. Coercing, soliciting, or inducing gang membership.
22.02. Aggravated assault.
22.021. Aggravated sexual assault.
22.04. Injury to a child, elderly individual, or disabled individual.
22.041. Abandoning or endangering child.
22.05. Deadly conduct.
22.06. Consent as defense to assaultive conduct.
22.07. Terroristic threat.
22.08. Aiding suicide.
22.09. Tampering with consumer product.
22.10. Leaving a child in a vehicle.
22.11. Harassment by persons in certain correctional facilities.
22.12. Applicability to certain conduct.
§22.01. Assault.
(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 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;
(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; or
(4) a person the actor knows is a security officer while the officer is performing a duty as a security officer.
(c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the offense is
(1) a Class A misdemeanor if the offense is committed under Subsection (a)(3) against an elderly individual or disabled
individual, as those terms are defined by Section 22.04; or
(2) a Class B misdemeanor if the offense is committed by a person who is not a sports participant against a person the
actor knows is a sports participant either.
(A) while the participant is performing duties or responsibilities in the participant's capacity as a sports
participant; or
(B) in retaliation for or on account of the participant's performance of a duty or responsibility within the
participants capacity as a sports participant.
(d) For purposes of Subsection (b), 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.
(e) In this section:
(1) - (2) Repealed
(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 Subsection (b)(2):
(1) a defendant has been previously convicted of an offense listed in Subsection (b)(2) 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 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 Subsection (b)(2) is a conviction of an offense listed in Subsection (b) (2).
§22.011. Sexual assault.
(a) A person commits an offense if the person:
(1) 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) 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 or violence;
(2) the actor compels the other person to submit or participate by threatening to use force or violence against 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 who is not the spouse of the actor.
(2) "Spouse" means a person who is legally married to another.
(3) (Expires 2/1/2004. See other subsection (c)(3) below.) "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 licensed vocational nurse licensed under Chapter 302, Occupations Code;
(D) a physical therapist licensed under Chapter 453, Occupations Code;
(E) a physician assistant licensed under Chapter 204, Occupations Code; or
(F) a registered nurse or an advanced practice nurse licensed under Chapter 301, Occupations Code.
(3) (Effective 2/1/2004. See other subsection (c)(3) above.) "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) that:
(1) the actor was not more than three years older than the victim and at the time of the offense:
(A) was not required under Chapter 62, Code of Criminal procedure, to register for life as a sex offender, or
(B) 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
(2) the victim:
(A) was a child of 14 years of age or older; and
(B) 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.
§22.015. Coercing, soliciting, or inducing gang membership.
(a) In this section:
(1) "Child" means an individual younger than 17 years of age.
(2) "Criminal street gang" has the meaning assigned by Section 71.01.
(b) A person commits an offense if, with intent to coerce, induce, or solicit a child to actively participate in the
activities of a criminal street gang, the person:
(1) threatens the child with imminent bodily injury; or
(2) causes bodily injury to the child.
(c) An offense under Subsection (b)(1) is a state jail felony. An offense under Subsection (b)(2) is a felony of the third
degree.
§22.02. Aggravated assault.
(a) A person commits an offense if the person commits assault as defined in Section 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 fiat degree
(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; or
(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 art official
dime, or in retaliation or on mention of an exercise of official power or performance of an official duty as a public servant'
(C) in radiation 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.
(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.
§22.021. Aggravated sexual assault.
(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 person's
consent;
(ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that
person's consent; or
(iii) 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
(B) intentionally or knowingly:
(i) causes the penetration of the anus or sexual organ of a child by any means;
(ii) causes the penetration of the mouth of a child by the sexual organ of the actor;
(iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another
person, including the actor;
(iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the
actor; or
(v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and
(2) if:
(A) the person:
(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 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 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
(vi) administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to
the victim of the offense with the intent of facilitating the commission of the offense;
(B) the victim is younger than 14 years of age; or
(C) the victim is an elderly individual or a disabled individual.
(b) In this section:
(1) "Child" has the meaning assigned by Section 22.011(c).
(2) "Elderly individual" and "disabled individual" have the meanings assigned by Section 22.04(c).
(c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual
assault occurs under the same circumstances listed in Section 22.011(b).
(d) The defense provided by Section 22.011(d) applies to this section.
(e) An offense under this section is a felony of the first degree.
§22.04. Injury to a child, elderly individual, or disabled individual.
(a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or
intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual:
(1) serious bodily injury;
(2) serious mental deficiency, impairment, or injury; or
(3) bodily injury.
(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, intermediate care facility for persons with mental retardation, 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:
(1) serious bodily injury;
(2) serious mental deficiency, impairment or injury;
(3) bodily injury; or
(4) exploitation.
(b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)W, (2),
(3), or (4) is conduct constituting an offense under this section if.
(1) the actor has a legal or statutory duty to act, or
(2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual.
(c) In this section:
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