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FOC-E Student Discipline: Placement in Disciplinary Alternative Education Programs

The following are felony offenses listed in Title 5 of the Penal Code, Offenses Against the Person.

Section 19.02:  Murder

Section 19.03:  Capital Murder

Section 19.04:  Manslaughter

Section 19.05:  Criminally Negligent Homicide

Section 20.02:  Unlawful Restraint (if the person restrained was younger than 17 years of age, OR if the actor recklessly exposes the victim to a substantial risk of serious bodily injury, 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, or the actor while in custody restrains any other person.)

Section 20.03:  Kidnapping

Section 20.04:  Aggravated Kidnapping

Section 20.05:  Smuggling Persons

Section 20.06:  Continuous Smuggling of Persons

Section 20A.02:  Trafficking of Persons

Section 21.02:  Continuous Sexual Abuse of Young Child or Children

Section 21.09:  Beastiality

Section 21.11:  Indecency with a Child

Section 21.12:  Improper Relationship between Educator and Student

Section 21.15:  Invasive Visual Recording

Section 21.16:  Unlawful Disclosure OR Promotion of Intimate Visual Material.

Section 21.17:  Voyeurism if the victim was younger than 14 years of age at the time of the offense.

Section 21.18:  Sexual Coercion

Section 22.01:  Assault (if 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 the actor knows is a security officer [see Occupations Code 1702.002, 1702.221] while the person is performing a duty as a security officer; [3] a person who contracts with the government to perform a service at a correctional facility [see Penal Code 1.07(a)(14)] or a secure correctional or detention facility for juveniles [see Family Code 51.102(13), (14)]; and [4] under certain circumstances, if against a family member)

Section 22.011:  Sexual Assault

Section 22.02:  Aggravated Assault

Section 22.021:  Aggravated Sexual Assault

Section 22.04:  Injury to a Child, Elderly Individual, or Disabled Individual

Section 22.041:  Abandoning or Endangering a Child

Section 22.05:  Deadly Conduct (if the person knowingly discharges a firearm at or in the direction of one or more individuals or in the direction of a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied)

Section 22.07:  Terroristic Threat (if the actor threatens to commit any offense involving violence to any person or property with intent to:  [1] prevent or interrupt the occupation or use of a building, room, place, or conveyance if the prevention or interruption causes pecuniary loss to the owner of $1,500 or more [see Acts 2003, 78th Leg., Ch. 446, Sec. 1; compare Acts 2003, 78th Leg., Ch. 388, Sec. 2]; [2] cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service; [3] place the public or a substantial group of the public in fear of serious bodily injury; or [4] influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision); or [5] Place any person in fear of imminent serious bodily injury if the actor knows the person is a peace officer or judge.

Section 22.08:  Aiding Suicide (if the conduct causes suicide or attempted suicide that results in serious bodily injury)

Section 22.09:  Tampering with Consumer Product

Section 22.11:   Harassment by Persons in Certain Facilities (including a secure correctional or detention facility, as defined in Family Code 51.02, operated by or under contract with a juvenile board or the Texas Youth Commission, and any other facility operated by or under contract with the TYC).

Adopted:         1/24/02

Amended:       11/19/04, 11/15/18

Reviewed: