Penal Code § 22.02

Sec. 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: (A) 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 (B) a traumatic brain or spine injury to another that results in a persistent vegetative state or irreversible paralysis; (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; (D) against a person the actor knows is a process server while the person is performing a duty as a process server; (E) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or (F) by an actor who is committed to a civil commitment facility, against: (i) a person the actor knows is an officer or employee of the Texas Civil Commitment Office: (a) while the officer or employee is lawfully discharging an official duty; or (b) in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or (ii) a person the actor knows is contracting with the state to perform a service in a civil commitment facility or an employee of that person: (a) while the person or employee is engaged in performing a service within the scope of the contract; 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; (3) the actor is inside of or directly en route to or from 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: (i) causes bodily injury to any person or damage to any property; or (ii) places any person in fear of imminent serious bodily injury; or (4) the actor commits the assault as part of a mass shooting. (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-1) The actor is presumed to have known the person assaulted was a person described by Subsection (b)(2)(F)(i) or (ii), as applicable, if the person was wearing a distinctive uniform or badge indicating the person's status as an officer or employee of the Texas Civil Commitment Office or a contractor or employee of a contractor performing a service in a civil commitment facility. (d) In this section: (1) "Process server" has the meaning assigned by Section 156.001, Government Code. (2) "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. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 367, ch. 164, Sec. 2, eff. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. 655, Sec. 2, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. 79, Sec. 1, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. 977, Sec. 2, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 223, Sec. 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 18, Sec. 3, eff. April 14, 1987; Acts 1987, 70th Leg., ch. 1101, Sec. 12, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 939, Sec. 1 to 3, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 334, Sec. 2, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 903, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1019, Sec. 3, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 788 (S.B. 91), Sec. 3, eff. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. 594 (H.B. 176), Sec. 2, eff. September 1, 2009. Acts 2021, 87th Leg., R.S., Ch. 461 (H.B. 1306), Sec. 3, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 300 (H.B. 28), Sec. 2, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 467 (H.B. 165), Sec. 4, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 889 (S.B. 3031), Sec. 1, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 1145 (S.B. 1610), Sec. 5, eff. September 1, 2025.