(B) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth; (3) a person who contracts with government to perform a service in a facility as defined by Section 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an employee of that person: (A) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by government to provide the service; or. a fine of up to $10,000. Bail percentages may be negotiable, so you should ask your bondsman. According to Tex. These are considered non-sexual forms of assault and prosecutors can use the charges to convert a class A misdemeanor into a third-degree felony. (c) A person commits an offense if he knowingly or intentionally threatens to tamper with a consumer product with the intent to cause fear, to affect the sale of the consumer product, or to cause bodily injury to any person. Added by Acts 2019, 86th Leg., R.S., Ch. (b) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 194), Sec. (2) notified in writing the Department of Family and Protective Services that the actor would no longer provide the applicable care described by Subsection (d). Sec. Adeadly weaponis a weapon that is inherently dangerous, such as a firearm, knife, or brass knuckles. Any interaction that has physical contact that causes harm to the other person is considered assault. September 1, 2015. 16.002, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Sept. 1, 1985; Acts 1987, 70th Leg., ch. Typically, Aggravated Assault is charged as a Second or First Degree felony. 665 (H.B. 22.01. (d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. 594 (H.B. The maximum punishment for a 3rd-degree felony is from 2 to 10 years in prison and a fine of up to $10,000; Firefighters or other personnel from the emergency services. Sec. 1 (S.B. Acts 2017, 85th Leg., R.S., Ch. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at 900, Sec. This 1, eff. 461 (H.B. (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: (1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; (2) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed: (A) by a public servant acting under color of the servant's office or employment; (B) against 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; (C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; (D) against a person the actor knows is a process server while the person is performing a duty as a process server; or, (E) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or. Acts 2021, 87th Leg., R.S., Ch. (B) who otherwise by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self. Acts 2009, 81st Leg., R.S., Ch. 3, eff. 1087, Sec. Acts 2017, 85th Leg., R.S., Ch. 22.10. Although the driver had no intention of hurting anyone, their actions were in conscious disregard to the risk and results that someone could be seriously injured. 1576), Sec. 24, eff. AGGRAVATED ASSAULT. 16, Sec. (c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the offense is: (1) a Class A misdemeanor if the offense is committed under Subsection (a)(3) against an elderly individual or disabled individual, as those terms are defined by Section 22.04; (2) a Class B misdemeanor if the offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant either: (A) while the participant is performing duties or responsibilities in the participant's capacity as a sports participant; or, (B) in retaliation for or on account of the participant's performance of a duty or responsibility within the participant's capacity as a sports participant; or. 22.09. (a) A person commits an offense if the person commits assault as defined in Sec. Added by Acts 1985, 69th Leg., ch. 495), Sec. 1.01, eff. 688), Sec. Added by Acts 1984, 68th Leg., 2nd C.S., ch. 46, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. If you are facing this charge, or worse, aggravated assault with a deadly weapon, you can feel lost Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Sec. A simple assault can be charged as a 3rd-degree felony if the victim is: If the offense was committed against a court judge or a police officer, it will be considered a 2nd-degree felony which is punishable by up to 20 years in jail. For instance, they might promise to appear when summoned for trial. 3, eff. Aggravated assault is defined byTexas Statutes 22.01 and 22.02as such: intentionally, knowingly or recklessly causing serious bodily injury to another person, or using or exhibiting a deadly weapon in the course of committing anyassault crime, including threatening another with bodily injury or engaging in conduct that the victim likely will find offensive.. TAMPERING WITH CONSUMER PRODUCT. September 1, 2007. (2) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. September 1, 2011. September 1, 2009. Sept. 1, 1997; Acts 1997, 75th Leg., ch. September 1, 2005. 427 (H.B. 900, Sec. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. 2.017, eff. 91), Sec. Acts 2009, 81st Leg., R.S., Ch. September 1, 2007. Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. the offender shoots a firearm from a motor vehicle at a house, building, or motor vehicle with reckless disregard for whether it's occupied and causes serious bodily injury to the victim. 164, Sec. 955 (S.B. 1286), Sec. 1, eff. 900, Sec. Aggravated Assault By Threat Charges in Texas, Penalties for Aggravated Assault in Texas, Fighting Back against a Texas Sex Crime Charge. Here are a few examples: Additionally, there may be many reasons people will claim aggravated assault deadly weapon. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), or (3), the actor acting during the actor's capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, or medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility. September 1, 2009. (b) An offense under this section is a Class C misdemeanor unless the actor's conduct causes suicide or attempted suicide that results in serious bodily injury, in which event the offense is a state jail felony. (f) An offense under this section is a felony of the second degree, except that an offense under this section is: (1) a felony of the first degree if the victim was: (A) a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01; or, (B) a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02; or. Acts 2021, 87th Leg., R.S., Ch. If a judge has assigned a total bail amount for your case, you can choose to hire a bail bond agent to post bond on your behalf. 34 (S.B. 1, eff. 809, Sec. (1) "Child" means a person younger than 17 years of age. 3, eff. These crimes are punishable by up to a year in prison, up to $4,000 in fines, or both. Sept. 1, 2003. (g) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections. (g) For purposes of Subsection (d), the amount of pecuniary loss is the amount of economic loss suffered by the owner of the building, room, place, or conveyance as a result of the prevention or interruption of the occupation or use of the building, room, place, or conveyance. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. (d) The defense provided by Section 22.011(d) applies to this section. (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. 399, Sec. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. Acts 2011, 82nd Leg., R.S., Ch. (8) a person the actor knows is pregnant at the time of the offense. 1, eff. WebAGGRAVATED SEXUAL ASSAULT is a first-degree felony. Acts 2019, 86th Leg., R.S., Ch. That includes charges of physically touching the victim or issuing a threat. Sept. 1, 1994; Acts 1995, 74th Leg., ch. In this case, they can still be released from jail. When the conduct is engaged in recklessly, the offense is a felony of the second degree. He is the founder of The Benavides Law Group. (h) It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code. September 1, 2019. 1, eff. 399, Sec. September 1, 2021. WebAggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. 8), Sec. 705), Sec. 1.01, eff. A Class A misdemeanor is the least serious of these charges. September 1, 2019. Offender shot a firearm from a motor vehicle at another motor vehicle, building, or house with. In Texas, aggravated sexual assault is always a first-degree felony. If you are convicted for assault, the sentencing will fall along these lines: Class C misdemeanor: Fine of up to $500. 42A.051, 42A.102; Tex. Acts 2005, 79th Leg., Ch. September 1, 2021. 7, eff. 738 (H.B. 620 (S.B. Acts 2009, 81st Leg., R.S., Ch. Sec. Sept. 1, 2003. Amended by Acts 2003, 78th Leg., ch. 505 N Frazier St. Conroe , TX. Serious bodily injury means injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. 1, eff. (c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if: (1) the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance methamphetamine in the presence of the child; (2) the person's conduct related to the proximity or accessibility of the controlled substance methamphetamine to the child and an analysis of a specimen of the child's blood, urine, or other bodily substance indicates the presence of methamphetamine in the child's body; or. However, as discussed below, Aggravated Assault involves a serious bodily injury, which is significantly more severe. WebThis calculator for assault bail cost uses the average cost for any bail bond, which is 10%. A Texas based bail bond agent will charge you a fee that is equal to 10% of the total bail amount in exchange for posting bond on your behalf. If you are just holding a deadly weapon but the alleged victim tells the police they were scared for their life, you can be charged with aggravated assault. Acts 2011, 82nd Leg., R.S., Ch. For example, a reckless driver does not necessarily act with intent to harm but presents a risk of harm to the other driver with his or her reckless actions, such as speeding or tailgating. 2552), Sec. (6) "Assisted reproduction" and "donor" have the meanings assigned by Section 160.102, Family Code. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 3, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 357, Sec. (936) 539-4444. September 1, 2009. If you are convicted of an aggravated assault deadly weapon or serious bodily injury charge, the court may require you to pay restitution to the victim for his or her medical treatment, counseling, and property damages related to the crime. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 791, Sec. Criminal Lawyer Tip: Serious bodily injury must be proven beyond a reasonable doubt that establishes a permanent or substantial loss of use of a bodily member or organ. An experienced criminal defense attorney can determine whether you have any grounds for dismissal of the charges against you, explore plea options, or represent you at trial. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. August 1, 2005. 8.139, eff. (k) It is a defense to prosecution under this section that the act or omission consisted of: (1) reasonable medical care occurring under the direction of or by a licensed physician; or. Barnes remained in jail as of Monday, according to court records. 2 min read. Texas Penal Code 1.07(46) defines serious bodily injury as follows: Texas Penal Code Section 1.07(17) defines a deadly weapon as: (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or. WebA bail hearing is every defendants right. 1, eff. (3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and: (A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle; (B) is reckless as to whether the habitation, building, or vehicle is occupied; and. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2 (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. 461 (H.B. The grand jury is a panel of citizens that are responsible for determining if a felony case has probable cause. September 1, 2019. 91), Sec. September 1, 2011. Penal Code 1.07, 22.01, 22.02 (2022).). 1, eff. September 1, 2021. (3) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. He was originally indicted on five felony September 1, 2017. Sometimes a person can be released on their own recognizance without posting bail. Punishment for Assault. 1008, Sec. Sec. Amended by Acts 1993, 73rd Leg., ch. (3) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 1576), Sec. Deadly weapons can be any object that's capable of causing death or serious bodily injury and used in such a manner. September 1, 2009. Acts 2005, 79th Leg., Ch. September 1, 2017. (d) For purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant, a security officer, or emergency services personnel if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer or emergency services personnel. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 135, Sec. Sept. 1, 2003. Ellen Gilland, accused of killing her terminally ill husband, is escorted back to the holding cell by VCSO bailiff, Thursday March 2, 2023 following a bond hearing before Judge Raul Zambrano at the S. James Foxman Justice Center in Daytona Beach. 1, eff. WebConnect with a professional bail bonds company to commit your attention to the judicial process and court appearances in the convenience of your home. 22.012. 1, eff. What if someone is racing another person on a public roadway and in the process of racing loses control of their vehicle, hits another vehicle and that results in a serious bodily injury to that driver. The estimated bail amount in such cases can be more than $500,000. 3, eff. In Texas, a person who threatens, causes, or recklessly places another at risk of serious bodily injury can face charges of aggravated assault or deadly conductboth of which carry felony penalties and the possibility of prison time. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, intentionally, knowingly or recklessly causing serious bodily injury to another person, or, using or exhibiting a deadly weapon in the course of committing, the offender uses a deadly weapon in committing, the aggravated assault is committed by or against a public servant, such as a state worker or city counselor acting in their official capacity, the offender commits aggravated assault in retaliation against a witness, informant, or a person who reported a crime, or. 4, eff. September 1, 2019. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (14) the actor is a caregiver hired to assist the other person with activities of daily life and causes the other person to submit or participate by exploiting the other person's dependency on the actor. Acts 2021, 87th Leg., R.S., Ch. (3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, or Penalty Group 1-B, Section 481.1022, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code. Your ability to find quality employment and housing may be hampered, and you will lose other rights such as the right to bear arms. (d) Except as provided by Subsection (e), an offense under Subsection (b) is: (1) a state jail felony if the actor abandoned the child with intent to return for the child; or. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. Sept. 1, 1997; Acts 1995, 74th Leg., ch. 27.01, 31.01(68), eff. Jan. 1, 1974. (c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded. 24, Sec. Sometimes a person will make up a claim of aggravated assault deadly weapon to protect themselves. If the assault also involved certain circumstances such as domestic violence, it can be considered a first degree felony with punishments that include up to life in prison. 1306), Sec. 1101, Sec. 784 (H.B. Acts 2019, 86th Leg., R.S., Ch. 946), Sec. (2) "Elderly individual" means a person 65 years of age or older. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Added by Acts 1999, 76th Leg., ch. Sept. 1, 1983; Acts 1985, 69th Leg., ch. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. (f) An offense under Subsection (a)(3) or (a-1)(3) is a felony of the third degree when the conduct is committed intentionally or knowingly, except that an offense under Subsection (a)(3) is a felony of the second degree when the conduct is committed intentionally or knowingly and the victim is a disabled individual residing in a center, as defined by Section 555.001, Health and Safety Code, or in a facility licensed under Chapter 252, Health and Safety Code, and the actor is an employee of the center or facility whose employment involved providing direct care for the victim. The bail bond agent will post bond on your behalf in exchange for a fee that is equal to 10% of the total bail amount. As an alternative to jail or prison, a judge may authorize community supervision (probation) for offenders who are sentenced for misdemeanors or felonies with less than 10 years of incarceration. If the grand jury agrees, the aggravated assault charge could be lowered to a misdemeanor assault charge or be completely dismissed through a no bill. Acts 2017, 85th Leg., R.S., Ch. (f) An offense under Subsection (c) is a state jail felony. (3) "Disabled individual" means a person: (i) autism spectrum disorder, as defined by Section 1355.001, Insurance Code; (ii) developmental disability, as defined by Section 112.042, Human Resources Code; (iii) intellectual disability, as defined by Section 591.003, Health and Safety Code; (iv) severe emotional disturbance, as defined by Section 261.001, Family Code; (v) traumatic brain injury, as defined by Section 92.001, Health and Safety Code; or, (vi) mental illness, as defined by Section 571.003, Health and Safety Code; or. A conviction can also result in monetary penalties, such as payment of fines and restitution. Acts 2009, 81st Leg., R.S., Ch. (B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; (4) a person the actor knows is a security officer while the officer is performing a duty as a security officer; (5) a person the actor knows is emergency services personnel while the person is providing emergency services; (6) a person the actor knows is a process server while the person is performing a duty as a process server; (7) a pregnant individual to force the individual to have an abortion; or. 2240), Sec. Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 142, eff. Do not delay. Sept. 1, 1994. September 1, 2017. 878, Sec. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Aggravated Assault is a serious crime under Texas law. For example, grabbing a pencil and trying to stab someone in the eye would categorize the pencil as a deadly weapon under Texas law because its intended use, in this example, was to cause serious bodily injury or death. 1575), Sec. It can be classified as simple and aggravated assault. (e) For purposes of Subsection (a)(3), the actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant. Acts 1973, 63rd Leg., p. 883, ch. Acts 2017, 85th Leg., R.S., Ch. 15.02(b), eff. This is important to remember this concern and bring it up to your criminal attorney so that the true motive behind the alleged victims claim can be exposed at a criminal trial. He has been named one of the 3 Best DUI Lawyers in Fort Worth, recognized by Expertise, National Trial Lawyers, Avvo, and others, and he is Lead Counsel rated. 22.08. 685 (H.B. A simple assault is considered if the offense is classified as a Class C misdemeanor and involves little contact and threats to the victim. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (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. Sec. 27.01, eff. Acts 2015, 84th Leg., R.S., Ch. A conviction will result in a prison sentence of two to 20 years and a fine of up to $10,000. As a practical matter, the grand jury reviews cases and, if they have the opportunity to hear both sides of what took place, they may come to a different conclusion than the police and the alleged victim. Typically, Aggravated Assault is charged as a Second or First Degree felony. 1, eff. 6, eff. 1, eff. 14, Sec. 573, Sec. Use of a deadly weapon during assault which causes serious bodily injury to a family or household member, or someone with whom the offender has or has had an intimate relationship (domestic assault). 1808), Sec. This type of assault includes all the actions of simple assault, with the difference that the offender causes severe bodily harm to the victim. If his bond is too high for you to post, his attorney may be able to get it lowered by filing a motion and When the conduct is engaged in recklessly, the offense is a state jail felony. We must first start by analyzing the mental state required to be proven by the State of Texas beyond a reasonable doubt. 162, Sec. If youve been charged with a crime, call us today. September 1, 2007. 282 (H.B. Felonies are the most serious types of crimes charged under the Pennsylvania criminal code, including such Consequently, a deadly weapon is any type of gun or anything that can be used to cause death or serious bodily. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 334, Sec. State jail felony is an offense that includes DWI with a child passenger in the vehicle, DWI driving while intoxicated, theft of property that has an estimated value from $2,500 to $30,000, or forgery. Search Texas Statutes. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 22.07. 2589), Sec. Acts 2005, 79th Leg., Ch. In the following situations, however, aggravated assault will be charged as afirst-degree felony, and conviction can result in a prison sentence of five to 99 years and a fine of up to $10,000. 11, eff. 79, Sec. The alleged victim knows that if he does not claim you attacked him first with the gun, he will face his own aggravated assault deadly weapon arrest and face prosecution and a possible conviction. September 1, 2017. Are the permanently disfigured? 1031, Sec. Acts 2013, 83rd Leg., R.S., Ch. Deadly conduct with a firearm. The State of Texas must prove beyond a reasonable doubt that your actions caused serious bodily injury to another. 620, Sec. recklessly engaging in any conduct that places another at imminent risk of suffering a serious bodily injury, or. 1, eff. 873 (S.B. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. 202, Sec. 22.011. 399, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. The attorney listings on this site are paid attorney advertising. 3, eff. Never believe anything you read on the internet, even if it is found on a law related blog. September 1, 2021. (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, violence, or coercion; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to 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; (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; (12) the actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor; (13) the actor is a coach or tutor who causes the other person to submit or participate by using the actor's power or influence to exploit the other person's dependency on the actor; or.