Definitions Specific to My Institution
18 Nov, 2016Texas Penal Code:
Sec. 22.011. SEXUAL ASSAULT. (a) A person commits an offense if the person:
(1) intentionally or knowingly:
(A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or(C) 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:
(A) causes the penetration of the anus or sexual organ of a child by any means;(B) causes the penetration of the mouth of a child by the sexual organ of the actor;(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.
Student Code:
Sexual Assault is defined as a stranger or acquaintance who commits sexual assault through forcible sodomy, forcible sexual penetration, however slight, of another person’s mouth, anal or genital opening with any object. These acts must be committed without the victim’s consent either by force, threat of force or violence, intimidation or through the use of the victim’s mental or physical helplessness. Sexual assault also includes the touching of an unwilling person’s intimate parts (defined as genitalia, groin, breast or breasts, or buttocks or clothing covering them) or forcing an unwilling person to touch another’s intimate parts. These acts must be committed either by force, threat, intimidation or through the use of the victim’s mental or physical helplessness.
Texas Code of Criminal Procedure:
Sec. 71.004. FAMILY VIOLENCE. "Family violence" means:
(1) 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;
(2) abuse, as that term is defined by Sections 261.001(1)(C), (E), (G), (H), (I), (J), and (K), by a member of a family or household toward a child of the family or household; or
(3) dating violence, as that term is defined by Section 71.0021.
Student Code:
Violence committed by a current or former spouse or intimate partner of the victim, a person with whom the victim shares a child in common, a person who is cohabitating or had cohabitated with the victim as a spouse or intimate partner, or a person similarly situated to a spouse, adult or youth victim protected by domestic or family violence laws;
Texas Code of Criminal Procedure:
Sec. 71.0021. DATING VIOLENCE. (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).
Student Code:
Violence between those in a continuing relationship of an intimate or romantic nature with one another;
Texas Penal Code:
Sec. 42.072. STALKING. (a) A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct that:
(1) constitutes an offense under Section 42.07, or that the actor knows or reasonably should know the other person
will regard as threatening:
(A) bodily injury or death for the other person;(B) bodily injury or death for a member of the other person's family or household or for an individual with whom the other person has a dating relationship; or(C) that an offense will be committed against the other person's property;
(2) causes the other person, a member of the other person's family or household, or an individual with whom the other person has a dating relationship to be placed in fear of bodily injury or death or in fear that an offense will be committed against the other person's property, or to feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended; and
(3) would cause a reasonable person to:
(A) fear bodily injury or death for himself or herself;(B) fear bodily injury or death for a member of the person's family or household or for an individual with whom the person has a dating relationship;(C) fear that an offense will be committed against the person's property; or
(D) feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended.
(b) An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor has previously been convicted of an offense under this section or of an offense under any of the following laws that contains elements that are substantially similar to the elements of an offense under this section:
(1) the laws of another state;
(2) the laws of a federally recognized Indian tribe;
(3) the laws of a territory of the United States; or
(4) federal law.
(c) For purposes of this section, a trier of fact may find that different types of conduct described by Subsection (a), if engaged in on more than one occasion, constitute conduct that is engaged in pursuant to the same scheme or course of conduct.
(d) In this section:
(1) "Dating relationship," "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code.
(2) "Property" includes a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code.
Student Code:
Stalking as defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress;
Texas Penal Code:
"Consent" means assent in fact, whether express or apparent.
Student Code:
Consent is clear sexual permission and can only be given by one of legal age.