51 According to the Texas Penal Code, Sec. 1.02.Objectives of Code, the general purpose of the Texas Penal Code is to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate. FAMILY VIOLENCE 71.004 Referred to as: DOMESTIC VIOLENCE. The State of Texas defines domestic violence as follows: An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself. DATING VIOLENCE 71.0021 The State of Texas defines dating violence as follows: (a) ?Dating violence?means an act, other than a defensive measure to protect oneself, by an actor that: (1) is committed against a victim or applicant for a protective order: (A) With whom the actor has or has had a dating relationship; or (B) Because of the victim?s or applicant?s marriage to or dating relationship with an individual with whom the actor is or has been in a dating relationship or marriage; and (2) is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the victim or applicant in fear of imminent physical harm, bodily injury, assault, or sexual assault. (b) For purposes of this title, ?dating relationship?means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of: (1) The length of the relationship; (2) The nature of the relationship; and (3) The frequency and type of interaction between the persons involved in the relationship. (c) A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a ?dating relationship? under Subsection (b). SEXUAL ASSAULT 22.011 The State of Texas defines sexual assault as follows: (a) A person commits an offense if the person: (1) Intentionally or knowingly causes the penetration of the anus or sexual organ of another person by any means, without that person?s consent; causes the penetration of the mouth of another person by the sexual organ of the actor, without that person?s consent; or causes the sexual organ of another person, without that person?s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or (2) Intentionally or knowingly: causes the penetration of the anus or sexual organ of a child by any means; causes the penetration of the mouth of a child by the sexual organ of the actor; causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. - Without Consent Texas Penal Code section 22.011(b) (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) The actor compels the other person to submit or participate by the use of physical force or violence; (2) The actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat; (3) The other person has not consented and the actor knows the other person is unconscious or physically unable to resist; (4) The actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;
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