1. Types of Violent Crime:

2. Objectives The student will be able to:  Discuss what the elements of assault and other crimes against the person are.  Role play the different crimes.  Critique the work of other students and determine if they portrayed the crimes accurately. UNT in partnership with TEA, Copyright ©. All rights reserved. 2

3. Assault  What is an assault?  What are the levels of assault? UNT in partnership with TEA, Copyright ©. All rights reserved. 3

4. Assault  What is an assault? A criminal charge involving violence  What are the levels of assault? Misdemeanor and Felony UNT in partnership with TEA, Copyright ©. All rights reserved. 4

5. Misdemeanor v. Felony Misdemeanor – crime less severe than a felony, usually punishable by up to one year. Felony- most serious crimes, typically punishable by a year or more. UNT in partnership with TEA, Copyright ©. All rights reserved. 5

6. Misdemeanor v. Felony From least to most severe:  Class C Misdemeanor  Class B Misdemeanor  Class A Misdemeanor  3 rd Degree Felony  2 nd Degree Felony  1 st Degree Felony UNT in partnership with TEA, Copyright ©. All rights reserved. 6

7. Class C Assaults Class C Assault  The actor: 1) Intentionally or knowingly 2) Causes physical contact with another 3) Should know that the contact would offend the person OR UNT in partnership with TEA, Copyright ©. All rights reserved. 7

8. Class C Assaults  The actor: 1) Intentionally or knowingly 2) Threatens another with imminent bodily injury › Imminent means “now”  Exception: if the victim is 65+ or disabled, see Class A UNT in partnership with TEA, Copyright ©. All rights reserved. 8

9. Class B Misdemeanor Class B Assault  Same as Class C  Victim is performing duties  As a sports participant (referee) Class A Assault  Same as Class C  Victim is 65+ years or disabled UNT in partnership with TEA, Copyright ©. All rights reserved. 9

10. 3 rd Degree Felony  Class A Misdemeanor and:  The victim is a public servant performing their duties  The actor knows they are a public servant OR UNT in partnership with TEA, Copyright ©. All rights reserved. 10

11. 3 rd Degree Felony Third Degree Felony  The actor:  has assaulted a family member  has a previous conviction of family violence UNT in partnership with TEA, Copyright ©. All rights reserved. 11

12. 3 rd Degree Felony  What constitutes a family member? UNT in partnership with TEA, Copyright ©. All rights reserved. 12

13. 3 rd Degree Felony Family member:  Individuals related by blood or marriage  Former spouses  Individuals who are parents of the same child  Roommates and former roommates  Individuals in a dating relationship UNT in partnership with TEA, Copyright ©. All rights reserved. 13

14. 3 rd Degree Felony Dating Relationships are based on:  Length of the relationship  Nature of the relationship  Frequency and type of interaction UNT in partnership with TEA, Copyright ©. All rights reserved. 14

15. Aggravated Assault Aggravated Assault: (2 nd Degree Felony)  The actor:  Commits assault  Causes serious bodily injury OR  Uses /exhibits a deadly weapon Aggravated Assault: (1 st Degree Felony)  The victim:  Family member  Serious bodily injury  Deadly weapon UNT in partnership with TEA, Copyright ©. All rights reserved. 15

16. Aggravated Assault What is a deadly weapon?  Anything that in the manner of its use is capable of causing death or serious bodily injury. UNT in partnership with TEA, Copyright ©. All rights reserved. 16

17. Aggravated Assault Aggravated Assault: (1 st Degree Felony)  The actor is a public servant acting under the color of their employment.  The victim is a public servant or a security officer performing their duties and the actor knows this.  The act is retaliation against a crime witness UNT in partnership with TEA, Copyright ©. All rights reserved. 17

18. Abandoning or Endangering a Child Child:  Under 15 years of age Abandon:  To unreasonably leave a child without providing necessary care UNT in partnership with TEA, Copyright ©. All rights reserved. 18

19. Abandoning or Endangering a Child State Jail Felony:  The actor:  Abandons the child  There is a risk of harm  Intends to return 3 rd Degree Felony:  Same as State Jail Felony except the actor does NOT intend to return UNT in partnership with TEA, Copyright ©. All rights reserved. 19

20. Abandoning or Endangering a Child 2 nd Degree Felony:  The actor:  Abandons the child  Risk of imminent danger  Death  Bodily injury  Physical/mental impairment UNT in partnership with TEA, Copyright ©. All rights reserved. 20

21. Deadly Conduct Class A Misdemeanor:  The actor:  Recklessly engages in conduct  Places another in imminent danger of serious bodily injury  Example: cutting brake line on a car UNT in partnership with TEA, Copyright ©. All rights reserved. 21

22. Deadly Conduct  Recklessness is presumed if the actor knowingly points a firearm at or in the direction of another person.  It does NOT matter if the actor knows if it is loaded or not UNT in partnership with TEA, Copyright ©. All rights reserved. 22

23. Deadly Conduct 3 rd Degree Felony:  The actor:  Knowingly discharges a firearm at or in the direction of  One or more people  A habitation, building, or vehicle UNT in partnership with TEA, Copyright ©. All rights reserved. 23

24. Terroristic Threat When the actor threatens to commit any offense involving violence to any person or property with the intent to: 1) Cause a reaction by emergency services personnel (Class B Misdemeanor) UNT in partnership with TEA, Copyright ©. All rights reserved. 24

25. Terroristic Threat 2) Places any person in fear of imminent serious bodily injury (Class B Misdemeanor). If the victim is a family member or a public servant, it is a Class A Misdemeanor. UNT in partnership with TEA, Copyright ©. All rights reserved. 25

26. Terroristic Threat 3) Places the public in fear of serious bodily injury, interrupts public utilities, or influences the federal government (3 rd Degree Felony) UNT in partnership with TEA, Copyright ©. All rights reserved. 26

27. Resources  Texas Penal Code: http://www.statutes.legis.state.tx.us/http://www.statutes.legis.state.tx.us/  http://www.mytexasdefenselawyer.com/texas-criminal- laws-penalties/assault/ http://www.mytexasdefenselawyer.com/texas-criminal- laws-penalties/assault/ UNT in partnership with TEA, Copyright ©. All rights reserved. 27