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ASSAULT PROHIBITED

Students are prohibited from assaulting anyone on school property or at any school-related event.

Education Code 37.006; Penal Code 22.01

DEFINITIONS

Simple Assault

Simple assault is defined as:

  1. Intentionally, knowingly, or recklessly causing bodily injury to another.
    Education Code 37.006(a)(1); Penal Code 22.01(a)(1)
  2. Intentionally or knowingly threatening another with imminent bodily injury.
    Penal Code 22.01(a)(2)
  3. Intentionally or knowingly cause physical contact with another when the student knows or should reasonably believe that the other will regard the contact as offensive or provocative.
    Penal Code 22.01(a)(3)

Aggravated Assault

Aggravated assault is defined as causing serious bodily injury to another or using or exhibiting a deadly weapon during commission of the assault.

Education Code 37.007(a)(2)(A); Penal Code 22.02(a)

Sexual Assault

Sexual assault is defined as intentionally or knowingly causing physical sexual contact or sexual penetration of another person without that person's consent. Sexual assault is without consent of the other person if the actor compels the other person to submit or participate by use of physical force or violence, or threat of force or violence, and the other person believes the actor has the present ability to execute the threat; or the other person cannot consent.

Education Code 37.007(a)(2)(A); Penal Code 22.011

Aggravated Sexual Assault

Aggravated sexual assault is defined as sexual assault in which the actor:

  1. Causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode; or
  2. By acts or words, places the victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person; or
  3. By acts or words occurring in the presence of the victim, threatens to cause death, serious bodily injury, or kidnapping; or
  4. Uses or exhibits a deadly weapon in the course of the same criminal episode; or
  5. Acts in concert with another, who commits a sexual assault directed toward the same victim and occurs during the same criminal episode; or
  6. Assaults a victim who is younger than 14 years of age or is an elderly or a disabled individual.

Education Code 37.007(a)(2)(A); Penal Code 22.021

Adopted: 5/8/81

Amended: 5/30/86, 11/17/95, 3/21/03, 5/25/05

Reviewed: