Skip to main content

Definitions Specific to My School

13 Dec, 2015
Texas Penal Code Sec. 22.011 SEXUAL ASSAULT
(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;
(2) causes the penetration of the mouth of another person by the sexual
organ of the actor, without that person's consent; or
(3) 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
(4) 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.
South Texas College - Sexual Assault - Any sexual act that is perpetrated against someone's will. Sexual
Violence encompasses a range of offenses, including a completed nonconsensual sex
act (i.e., rape), an attempted nonconsensual sex act, abusive sexual contact (i.e., unwanted touching), and noncontact
sexual abuse (e.g., threatened sexual violence,
exhibitionism, verbal sexual harassment).
Texas Penal Code - Domestic Violence is covered in assaultive offenses - Sec. 22.01
ASSAULT.
(a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
(2) intentionally or knowingly threatens another with imminent bodily
injury, including the person's spouse; or
(3) intentionally or knowingly causes physical contact with another when
the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
South Texas College - Domestic Violence - Violent misdemeanor and felony offenses committed by the
victim's current or former spouse, current or former cohabitant, a person similarly situated under domestic or family
violence law, or anyone else protected under domestic or family violence law.
Texas Penal Code - Dating Violence is covered in assaultive offenses - Sec. 22.01.
ASSAULT
(a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
(2) intentionally or knowingly threatens another with imminent bodily
injury, including the person's spouse; or
(3) intentionally or knowingly causes physical contact with another when
the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
South Texas College - Dating Violence - Violence by a person who has been in a romantic or intimate
relationship with the victim. Such relationship will be gauged by its length, type, and frequency of interaction.
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.
South Texas College - Stalking - A course of conduct directed at a specific person that would cause a reasonable
person to fear for her, his, or others' safety, or to suffer substantial
emotional distress.
Texas Penal Code - Section 22.011 - (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;
(5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is
occurring;
(6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by
administering any substance without the other person's knowledge;
(7) the actor compels the other person to submit or participate by threatening to use force or violence against any
person, and the other person believes that the actor has the ability to execute the threat;
(8) the actor is a public servant who coerces the other person to submit or participate;
(9) the actor is a mental health services provider or a health care services provider who causes the other person, who
is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional
dependency on the actor;
(10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's
emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; or
(11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are
formally or informally married to each other under Chapter 2, Family Code.
South Texas College -
Consent is:
Permission to engage in sex
Clear, knowing and voluntary, prior to and during sexual activity Active, not passive. Silence, in and of itself, cannot be
interpreted as consent.
Consent can be given by words or actions, as long as those words or actions create mutually understandable clear
permission regarding willingness to engage in (and the conditions of) sexual activity.
Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.
Previous relationships or prior consent cannot imply consent to future sexual acts.
In order to give effective consent, one must be of legal age. In Texas, the age of consent is 17.
Sexual activity with someone who one should know to be -- or based on the circumstances should reasonably have
known to be -- mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout),
constitutes a violation of this policy