900, Sec. (2) a state jail felony if the offense is committed under Subsection (a)(1) and the actor has not received express consent as described by Subsection (b)(12). Batish Law deals with these types of charges regularly, and our track record is outstanding when it . 194), Sec. (2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A). (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. 3019), Sec. Assault causing bodily harm - Wikipedia 2, eff. September 1, 2017. Assault occasioning actual bodily harm / Racially or religiously (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. (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; (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 participant's capacity as a sports participant; or. 1, eff. September 1, 2015. Criminal Code - Site Web de la lgislation (Justice) September 1, 2005. Sec. 1, eff. 5, eff. Sept. 1, 1983. (c)chokes, suffocates or strangles the complainant. Assault with a weapon or causing bodily harm 267 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, in committing an assault, (a) carries, uses or threatens to use a weapon or an imitation thereof, 1164), Sec. 18, Sec. Assault causing Bodily Harm - batish-law (b) An offense under this section is a Class C misdemeanor unless the actor's conduct causes suicide or attempted suicide that results in serious bodily injury, in which event the offense is a state jail felony. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. Punishments can range anywhere from fines to imprisonment, depending on the severity of the offense and the offender's criminal history. 728 (H.B. (b) A person commits an offense if he knowingly discharges a firearm at or in the direction of: (2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied. Pending publication of the current statutes, see H.B. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 495), Sec. A person causes bodily harm when they hurt or injure another person in a way that interferes with that person's health or comfort. Lowell man, 23, charged with domestic assault after mother found dead (f) An offense under this section is a felony of the second degree, except that an offense under this section is: (1) a felony of the first degree if the victim was: (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, (B) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02; or. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (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. What type of offence is assault causing bodily harm? September 1, 2017. (g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. 768), Sec. Sept. 1, 1983. (1) "Child" means a person younger than 17 years of age. 1019, Sec. 900, Sec. (2) not attended by an individual in the vehicle who is 14 years of age or older. 461 (H.B. (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. September 1, 2017. 1.01, eff. 318, Sec. 977, Sec. Causation Concurrence Scope of criminal liability Accessory Accomplice Complicity Corporate Principal Vicarious Severity of offense Felony Infraction (also called violation) Misdemeanor Inchoate offenses Attempt Conspiracy Incitement Solicitation Offences against the person Assassination Assault Battery Castration Child abuse Criminal negligence Last 30 Days. Sept. 1, 1987; Acts 1989, 71st Leg., ch. (2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault. Acts 2017, 85th Leg., R.S., Ch. 467 (H.B. Acts 2021, 87th Leg., R.S., Ch. 1 to 3, eff. Acts 2007, 80th Leg., R.S., Ch. 1.18, eff. Sec. 1, eff. Sec. Marginal note: Sexual assault with a weapon, threats to a third party or causing bodily harm 272 (1) Every person commits an offence who, in committing a sexual assault, (a) carries, uses or threatens to use a weapon or an imitation of a weapon; (b) threatens to cause bodily harm to a person other than the complainant; (c) causes bodily harm to the complainant; DISCLAIMER. 142, eff. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. (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. (d) Except as provided by Subsection (e), an offense under Subsection (b) is: (1) a state jail felony if the actor abandoned the child with intent to return for the child; or. Assault Causing Bodily Harm is a crime resulting from the act of intending to apprehend or cause harm to another individual through offensive contact. Assault Causing Bodily Harm - Mines & Company Law Corporation Acts 2021, 87th Leg., R.S., Ch. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information. (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. The penalties and sentences for an assault and/or battery conviction can vary widely depending on the law of the state where the offense was committed, as well as the circumstances of each case. 1, eff. 2, eff. 1, eff. September 1, 2019. 55, 88th Legislature, Regular Session, for amendments affecting the following section. 875 (H.B. Acts 2007, 80th Leg., R.S., Ch. September 1, 2019. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 819, Sec. 165, Sec. (B) regardless of whether the person knows the age of the child at the time of the offense, 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. When the conduct is engaged in recklessly, the offense is a state jail felony. September 1, 2017. 1.01, eff. INDECENT ASSAULT. (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. 900, Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sec. 2, eff. 1, eff. Acts 2017, 85th Leg., R.S., Ch. Jan. 1, 1974. 2, eff. Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. 294, Sec. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. Examples of Assault Causing Bodily Harm include: breaking a bone; an injury that requires stitches; psychological trauma that lasts a long time (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. Sept. 1, 1994. Actual bodily harm is defined in R v Donovan [1934] 2 KB 498 as an injury that is more than transient or trifling. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. 1, eff. Added by Acts 1983, 68th Leg., p. 2812, ch. 739, Sec. Acts 2009, 81st Leg., R.S., Ch. 22.021. 318, Sec. 685 (H.B. September 1, 2011. 1038 (H.B. AGGRAVATED ASSAULT. 1, eff. September 1, 2017. Sept. 1, 2003. In Texas, a conviction for a domestic violence-related offense, such as Assault Causes Bodily Injury Family Member, can lead to the suspension or revocation of your CDL. Acts 2019, 86th Leg., R.S., Ch. Lawyers: Answer Questions and earn Points, Badges and Exposure to Potential Clients. (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. September 1, 2005. 29), Sec. September 1, 2017. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 24, Sec. September 1, 2021. Simply put, Assault Causes Bodily Injury is any violent contact between two people, intended by the offender alone. 19, eff. 1, eff. (c) A person commits an offense if he knowingly or intentionally threatens to tamper with a consumer product with the intent to cause fear, to affect the sale of the consumer product, or to cause bodily injury to any person. 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. 3, eff. 91), Sec. Jan. 1, 1974. (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. Sept. 1, 1994; Acts 1995, 74th Leg., ch. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site. Protection of Persons Administering and Enforcing the Law, Treason and other Offences against the Queens Authority and Person, Participating, Facilitating, Instructing and Harbouring. 949 (H.B. September 1, 2009. New Bedford man charged with assault for allegedly shooting undercover 1.01, eff. 357, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. The following section was amended by the 88th Legislature. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. (14) the actor is a caregiver hired to assist the other person with activities of daily life and causes the other person to submit or participate by exploiting the other person's dependency on the actor. September 1, 2007. For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), or (3), the actor acting during the actor's capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, or medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility. 1, eff. 165, Sec. Sept. 1, 1994; Acts 1995, 74th Leg., ch. September 1, 2015. (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. 62, Sec. An investigation by the district attorneys office, State Police, and Lowell police is ongoing, and the case has been referred to the state Office of the Chief Medical Examiner, which will conduct an autopsy to determine the cause and manner of Vainers death, prosecutors said. TexasFamily Law Acts 2005, 79th Leg., Ch. 268 (S.B. 685 (H.B. 268 (S.B. A. Any injury that requires immediate hospital care; Objective foreseeability of the risk of bodily harm. (f) An offense under Subsection (c) is a state jail felony. 334, Sec. Belous is charged with assault and battery on a household or family member, and assault and battery causing serious bodily injury . July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. Pending publication of the current statutes, see H.B. 3, eff. 34 (S.B. September 1, 2011. Acts 2017, 85th Leg., R.S., Ch. 79, Sec. (b-2) Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony of the second degree if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge 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 peace officer or judge. Acts 1973, 63rd Leg., p. 883, ch. Defining Assault in N.C. an act of force or violence that places another person in reasonable fear of immediate bodily harm. An attorney for Belous could not be reached for comment. "Assault" is: (1) an act done with intent to cause fear in another of immediate bodily harm or death; or 643), Sec. In an assault case, a "bodily injury" DOES NOT require the injuries to be visible. September 1, 2019. Sept. 1, 1999. 1, eff. 1052, Sec. 22.12. 977, Sec. Assault with a Weapon or Causing Bodily Harm (Offence) - Criminal Law Notebook Jump to content Search and Seizure Procedure and Practice Sentencing Navigation Main page Random page Quick Access Definitions Glossary Help Franais Donate! or which causes a fracture of any bodily member. 728 (H.B. Acts 1973, 63rd Leg., p. 883, ch. 34, eff. Sept. 1, 2003. . (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. Acts 2019, 86th Leg., R.S., Ch. 2, eff. 594 (H.B. Assault causing bodily harm is a charge classified under "Offences Against the Person and Reputation" in the Criminal Code. 1, eff. (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. 840 (H.B. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (2) The assault must cause actual bodily harm. Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 1987, 70th Leg., ch. 318, Sec. 4.02, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. The maximum penalty that applies to Assault Occasioning Actual Bodily Harm is 5 years imprisonment, or a fine of $5,500.00. 4170), Sec. 667), Sec. Amended by Acts 1993, 73rd Leg., ch. TAMPERING WITH CONSUMER PRODUCT. Sept. 1, 1994. 164, Sec. This is due to the jurisdictional limit of the Local Court . (a) A person commits an offense if, with the intent to assault, harass, or alarm, the person: (1) while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal; (2) while committed to a civil commitment facility, causes: (A) an officer or employee of the Texas Civil Commitment Office to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (B) a person who contracts with the state to perform a service in the facility or an employee of that person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal: (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; or. They found Vainer dead inside with obvious bruising to her face and other apparent trauma, the statement said. Added by Acts 1983, 68th Leg., p. 5312, ch. (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. 22.10. 719 (H.B. 22.06. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. September 1, 2021. 22.041. September 1, 2009. APPLICABILITY TO CERTAIN CONDUCT. Sec. 22.01. Added by Acts 2003, 78th Leg., ch. 3, eff. 543 (H.B. For example, the offence of assault causing bodily harm which is set out in section 267 of the Criminal Code has a maximum penalty of 18 months when prosecuted by summary conviction, or ten years when prosecuted by indictment. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. 11 30-03-03 Assault With Intent to Commit a Violent Felony 05/15/2023 21:19 . September 1, 2021. Assault Causing Bodily Harm (s. 267(b)) Charges in Canada: Offences Acts 2019, 86th Leg., R.S., Ch. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. Sept. 1, 1985; Acts 1987, 70th Leg., ch. September 1, 2005. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 902), Sec. TERRORISTIC THREAT. 1006, Sec. (2) "Elderly individual" means a person 65 years of age or older. The injury can be physical or mental, but it must be more than just a small scratch or bruise. Investigators believe Vainer had been visiting Belous in his Middlesex Street condominium, according to the statement. Assault Causing Bodily Harm is a hybrid offence meaning Crown counsel has the option of proceeding by indictment, where the maximum sentence is 10 years in jail. Previous Versions, Marginal note:Assault with a weapon or causing bodily harm. (4) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Assault is generally defined as an intentional act that puts another person in reasonable apprehension of imminent harmful or offensive contact. 788 (S.B. (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. 38, eff. 446, Sec. 417, Sec. 549), Sec. (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. Lowell police went to a Middlesex Street home early Monday morning after receiving a 911 call reporting that a woman was beaten and barely breathing, prosecutors said. (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. (3) "Household" has the meaning assigned by Section 71.005, Family Code. 2.04, eff. 2, eff. 22.09. Acts 2017, 85th Leg., R.S., Ch. (m) It is an affirmative defense to prosecution under Subsections (a)(1), (2), and (3) for injury to a disabled individual that the person did not know and could not reasonably have known that the individual was a disabled individual, as defined by Subsection (c), at the time of the offense. Pending publication of the current statutes, see H.B. 24, eff. 1, eff. 1, eff. Sept. 1, 2003. 91), Sec. Assault With A Weapon or Causing Bodily Harm. 900, Sec. 388, Sec. (b) An offense under this section is a Class C misdemeanor. 29), Sec. Assault causing bodily harm legal definition of Assault causing bodily harm (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. 4, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. Acts 2009, 81st Leg., R.S., Ch. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. Assault causing bodily harm is a statutory offence of assault in Canada with aggravating factors. (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. 1.01, eff. (7) "Human reproductive material" means: (B) a human organism at any stage of development from fertilized ovum to embryo. September 1, 2017. 260 (H.B. 557, Sec. 791, Sec. 2020 (October Term) United States v. Mader, 81 M.J. 105 (consent is generally a defense to assault consummated by a battery). 15.02(a), eff. 1, eff. Added by Acts 1999, 76th Leg., ch. (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. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 184), Sec. Feb. 1, 2004. September 1, 2007. A California criminal defense attorney can help. 22.08. 22.012. Amended by Acts 1989, 71st Leg., ch. 705), Sec. 2. (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. Assault and battery crimes can be caused harm or the threat of harm. 2, eff. Amended by Acts 1979, 66th Leg., p. 367, ch. Assault. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 46, eff. (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. 900, Sec. Acts 2021, 87th Leg., R.S., Ch. 2.08, eff. 1.125(a), eff. (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; (6) a person the actor knows is a process server while the person is performing a duty as a process server; (7) a pregnant individual to force the individual to have an abortion; or. 62, Sec. 1808), Sec. 665 (H.B. (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 34 (S.B. Sept. 1, 1997; Acts 1999, 76th Leg., ch. AIDING SUICIDE. (1) "Process server" has the meaning assigned by Section 156.001, Government Code. Assault - Wikipedia 915 (H.B. The following section was amended by the 88th Legislature. (e) An offense under Subsection (a) is a Class A misdemeanor. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 904, Sec. 273, Sec. Sec. 2, eff. (G) special officer for mental health assignment certified under Section 1701.404, Occupations Code.