<gb id="4206513" cite="22.02 PENAL" courtid="" type="" title="Search Entire Document">
<hd title="Heading">§ 
<lcite>22.02 PENAL</lcite> Aggravated Assault

</hd>
<st title="Statute Text">  (a) A person commits an offense if the person commits assault as
defined in § 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.</st></gb>