September 1, 2011. September 1, 2019. 436 (S.B. 688), Sec. 6.05, eff. Causes impaired function or functional loss of a bodily organ or member. 1306), Sec. 900, Sec. 440 (H.B. 6), Sec. A Class A misdemeanor is the least serious of these charges. September 1, 2015. 24), Sec. Deadly conduct with a firearm. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 8.139, eff. In Texas, aggravated sexual assault is always a first-degree In 2016 there were 72,609 reports of aggravated assault in Texas. 1354), Sec. 282 (H.B. 2, Sec. arts. Acts 2011, 82nd Leg., R.S., Ch. 788 (S.B. APPLICABILITY TO CERTAIN CONDUCT. Sec. 1, eff. CLICK HERE FOR TITLE OR CONTRACT BONDS. 481, Sec. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. 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. XML SITEMAP | HTML SITEMAP | PRIVACY POLICY, Ignition Interlock Device (IID) Providers. 1, eff. 6, eff. 361 (H.B. (b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against: (1) 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; (2) a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if: (A) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; or. Acts 2017, 85th Leg., R.S., Ch. (a) A person commits an offense if: (1) the person 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) the victim knew the conduct was a risk of: (C) a scientific experiment conducted by recognized methods. September 1, 2017. Added by Acts 2003, 78th Leg., ch. Texas Criminal Attorneys Taking Care of Texas Blawg. Acts 2009, 81st Leg., R.S., Ch. 294, Sec. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Lets take a look the statutory definition of the offense. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. 2, eff. Acts 1973, 63rd Leg., p. 883, ch. When the conduct is engaged in recklessly, the offense is a state jail felony. a fine of up to $10,000. 659, Sec. causes impairment of the function of a body part or organ. 505 N Frazier St. Conroe , TX. Assault can also becomes Aggravated Assault with the use or exhibition of a deadly weapon during the commission of the crime. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. 361 (H.B. 2, eff. 1, eff. 7, eff. Acts 2005, 79th Leg., Ch. Aggravated assault is normally a second-degree felony. 14, Sec. (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. 5, eff. Sept. 1, 2003. September 1, 2011. 1.01, eff. WebAggravated sexual assault is a 1 st degree felony and carries a potential 5 to 99 years in prison Child Pornography can be charged as up to a 2 nd degree felony which carries a 2 to 20 year prison term. 528, Sec. We have found that an opposing party in a divorce proceeding will sometimes claim an aggravated assault by threat to gain leverage in a family law proceeding. September 1, 2017. 1, eff. The offense becomes a first-degree felony when any of the following 3, eff. (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. 1, eff. 135, Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 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. 2, eff. 155, Sec. (e) An offense under Subsection (b) is a felony of the second degree if the actor abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment. (1) "Child" means a person 14 years of age or younger. 18, eff. 594 (H.B. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 2, eff. Acts 2017, 85th Leg., R.S., Ch. (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. 705), Sec. Barnes remained in jail as of Monday, according to court records. 8), Sec. Bail for third-degree felonies is usually around $1,500 to $5,000. 1052, Sec. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. (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. 728 (H.B. 12, eff. (c) The actor is presumed to have known the person assaulted was a public servant or a security officer 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. The offense of deadly misconduct is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. (d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony. Aggravated Assault By Threat Charges in Texas, Penalties for Aggravated Assault in Texas, Fighting Back against a Texas Sex Crime Charge. Nothing on this website should be considered valid legal advice, nor is it intended to be. (e) An offense under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the first degree when the conduct is committed intentionally or knowingly. September 1, 2009. 1576), Sec. 553, Sec. 1259), Sec. 495), Sec. Any interaction that has physical contact that causes harm to the other person is considered assault. (a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is: (1) younger than seven years of age; and. 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 total bail amount is $30,000, the bail bond agent will require you to pay them $3,000 to post bond on your behalf. The offense becomes a first-degree felony when any of the following circumstances apply: For a first-degree felony, a conviction carries five to 99 years in prison and a fine of up to $10,000. For example, if a driver tries to cut off another driver or maneuvers his vehicle to potentially run another vehicle off the roadespecially on a highway or road with a high speed limithe places the other driver in danger of serious bodily injury because his actions could cause a motor vehicle accident or collision. 91), Sec. (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. (l) It is an affirmative defense to prosecution under this section: (1) that the act or omission was based on treatment in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy; (2) for a person charged with an act of omission causing to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that: (A) there is no evidence that, on the date prior to the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and. Our team approach to criminal defense will ensure you have the resources you need to aggressively fight your criminal case and protect your freedom and your future. 16.002, eff. Was this reckless behavior under Texas criminal law? (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. (a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual: (2) serious mental deficiency, impairment, or injury; or. 34 (S.B. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Broken bones or permanent scarring would be considered a serious bodily injury. Simply breaking a bone or suffering a head injury is not, alone, sufficient to meet the standard required by law. 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. Bail percentages can vary by state & be as low as 5% or even as high as 20%. Amended by Acts 1989, 71st Leg., ch. (2) uses or exhibits a deadly weapon during the commission of the assault. September 1, 2021. 176), Sec. 427 (H.B. (b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01. Penal Code Ann. WebConnect with a professional bail bonds company to commit your attention to the judicial process and court appearances in the convenience of your home. Sec. 4170), Sec. 662, Sec. 719 (H.B. 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. 875 (H.B. He was originally indicted on five felony Victim is a public servant or security officer working in his or her line of duty. Jan. 1, 1974. (d) The defense provided by Section 22.011(d) applies to this section. Thus, well discuss the different types of assault crimes in Texas and how each of them can be punished by law. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 549), Sec. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 34 (S.B. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or. (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. 1286), Sec. (a) In this section, "abandon" means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability. 2023 949 (H.B. Here are a few examples: Additionally, there may be many reasons people will claim aggravated assault deadly weapon. Serious bodily injury is described as such under Texas criminal law: Specifically, a prosecutor must prove that the alleged victim sustained an injury so severe that they are no longer able to act in a manner that they could prior to the injury. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. In the next sections, we will discuss the definitions of a deadly weapon and serious bodily injury.. 1, eff. Your attorney will advise you on the best options available to fight back against your charges. (8) a person the actor knows is pregnant at the time of the offense. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. September 1, 2005. Acts 1973, 63rd Leg., p. 883, ch. Amended by Acts 1987, 70th Leg., ch. Is there another area your criminal defense lawyer should analyze to give you the best chance at a favorable result? 2, eff. 1, eff. 334, Sec. Texas Criminal Attorneys Taking Care of Texas Blawg. Acts 2005, 79th Leg., Ch. Aggravated assault is a crime of violence. In some states, the information on this website may be considered a lawyer referral service. 902), Sec. 5, eff. 399, Sec. Texas Sexting Laws 2, eff. 1420, Sec. Class A misdemeanor is when the offender attacks or physically provokes an older person or a disabled individual. (i) It is an affirmative defense to prosecution under Subsection (b)(2) that before the offense the actor: (1) notified in person the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d), and notified in writing the parents or a person, other than the actor, acting in loco parentis to the child, elderly individual, or disabled individual that the actor would no longer provide the applicable care described by Subsection (d); or. (2) not attended by an individual in the vehicle who is 14 years of age or older. September 1, 2017. If you have been arrested Schedule Your Can You Get a Bail Bond for a Felony Charge in Texas? 268 (S.B. Feb. 1, 2004. 1415, Sec. Added by Acts 2019, 86th Leg., R.S., Ch. What if the criminal mental state can be proven by the prosecutor? 10, eff. September 1, 2011. However, misdemeanor penalties can range from a couple hundred dollars and a few months in jail to September 1, 2005. 1008, Sec. 1, eff. Because simple assault normally yields a Class C misdemeanor charge (or Class A, when it involves an elderly or disabled person), most offenders end up paying a maximum fine of $500. 1, eff. 440 (H.B. 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. 12, 13, eff. 15.02(a), eff. WebAggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. September 1, 2005. 2.08, eff. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. (c-1) Notwithstanding Subsection (c)(2), an offense under Subsection (a)(2) is a state jail felony if the offense is committed against a person the actor knows is a peace officer or judge. Yes! 1.18, eff. (g) It is a defense to prosecution under Subsection (c) that the act or omission enables the child to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event. 2552), Sec. Second Degree Felonies - Offenses include intoxication manslaughter, aggravated assault, sexual assault, Sept. 1, 1991; Acts 1993, 73rd Leg., ch. If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agent to post the bond on your behalf. Acts 2021, 87th Leg., R.S., Ch. (2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts. 858 (H.B. WebTwo to ten years in prison and possible fine not to exceed $10,000. The statute increases that punishment to a minimum time behind bars of 25 years imprisonment when a child is involved. (3) "Health care services provider" means: (A) a physician licensed under Subtitle B, Title 3, Occupations Code; (B) a chiropractor licensed under Chapter 201, Occupations Code; (C) a physical therapist licensed under Chapter 453, Occupations Code; (D) a physician assistant licensed under Chapter 204, Occupations Code; or. 7, eff. Your criminal defense attorney should aggressively seek the medical records and analyze them to determine if the medical experts are able to provide enough evidence to establish the proof of serious bodily injury.. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Fort Worth Criminal Defense Attorney, Jeff Hampton, may be able to get your charges reduced or dismissed, or he could win you an acquittal in a court of law. TAMPERING WITH CONSUMER PRODUCT. 6, eff. (a) A person commits an offense if, without the other person's consent and with the intent to arouse or gratify the sexual desire of any person, the person: (1) touches the anus, breast, or any part of the genitals of another person; (2) touches another person with the anus, breast, or any part of the genitals of any person; (3) exposes or attempts to expose another person's genitals, pubic area, anus, buttocks, or female areola; or. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at Its the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members. 2 min read. Sec. September 1, 2017. 655, Sec. 22.08. You need to be aggressive EARLY in your criminal defense to make certain that favorable and exculpatory evidence is presented to the grand jury so that a NO BILL can be returned on your case. Amended by Acts 2003, 78th Leg., ch. (b) An offense under this section is a Class C misdemeanor. 1, eff. Acts 2019, 86th Leg., R.S., Ch. September 1, 2007. 1158, Sec. For a First Degree felony, Aggravated Assault is punishable by a $10,000 fine and up to life in prison. For over 20 years we've worked with arrestees and their families to connect them with the best bail agents in the industry. 14.829, eff. Deadly weapons can be any object that's capable of causing death or serious bodily injury and used in such a manner. (3) "Disabled individual" means a person older than 13 years of age who 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. September 1, 2017. 584 (S.B. 739, Sec. 22.12. The fine for this felony can be a maximum of $1,500. Because Aggravated Assault Serious Bodily Injury is a second-degree felony charge, it must be presented to a grand jury for indictment. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 2240), Sec. Contact our office today for a free initial consultation and learn what options are available to you. 1, eff. (d) In this section, "correctional or detention facility" means: (2) a "secure correctional facility" or a "secure detention facility" as defined by Section 51.02, Family Code, operated by or under contract with a juvenile board or the Texas Juvenile Justice Department or any other facility operated by or under contract with that department. 1, 2, eff. ASSAULT. (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to: (1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies; (2) place any person in fear of imminent serious bodily injury; (3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place; (4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service; (5) place the public or a substantial group of the public in fear of serious bodily injury; or. This field is for validation purposes and should be left unchanged. (b) An offense under this section is a Class A misdemeanor. (4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a: (A) licensed social worker as defined by Section 505.002, Occupations Code; (B) chemical dependency counselor as defined by Section 504.001, Occupations Code; (C) licensed professional counselor as defined by Section 503.002, Occupations Code; (D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code; (F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or. (2) "Elderly individual" has the meaning assigned by Section 22.04(c). Start here to find criminal defense lawyers near you. Acts 2017, 85th Leg., R.S., Ch. 1, eff. (A) an officer or employee of the Texas Civil Commitment Office: (i) while the officer or employee is lawfully discharging an official duty at a civil commitment facility; or, (ii) in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or. Acts 2021, 87th Leg., R.S., Ch. 1.01, eff. 1.01, eff. 1102, Sec. What are the punishments for Aggravated Assault in Texas? Adeadly weaponis a weapon that is inherently dangerous, such as a firearm, knife, or brass knuckles. 1006, Sec. 1306), Sec. Acts 2005, 79th Leg., Ch. 318, Sec. 436 (S.B. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases. 335, Sec. The State of Texas must prove beyond a reasonable doubt that your actions caused serious bodily injury to another. (C) in discharging the firearm, causes serious bodily injury to any person. That includes charges of physically touching the victim or issuing a threat. (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. WebBecause bail is 10% of a total bond, a $200 payment is required to get bail. Acts 2007, 80th Leg., R.S., Ch. LEAVING A CHILD IN A VEHICLE. Yes! 665 (H.B. 22.11. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 593 (H.B. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. (ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract. (2) a state jail felony if the offense is committed under Subsection (a)(1) and the actor has not received express consent as described by Subsection (b)(12). (2) "Elderly individual" means a person 65 years of age or older. September 1, 2005. 366, Sec. 29), Sec. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. Sept. 1, 2003; Acts 2003, 78th Leg., ch. In rare circumstances, Aggravated Assault can be lowered to a Third Degree felony or a Class A misdemeanor. 22.02. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 2001. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. Sometimes a person can be released on their own recognizance without posting bail. 1, eff. Sec. 2, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, eff. Acts 2007, 80th Leg., R.S., Ch. Community supervision is not an option, though, if the offender used or displayed a deadly weapon in the offense. His bail has been set at $100,000. After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. 24, eff. 1, eff. The offense of deadly conduct in Texas consists of: Some forms of road rage could constitute deadly misconduct. 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. 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. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 896, Sec. Acts 2019, 86th Leg., R.S., Ch. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently. Acts 2005, 79th Leg., Ch. (a) In this section: (1) "Consumer Product" means any product offered for sale to or for consumption by the public and includes "food" and "drugs" as those terms are defined in Section 431.002, Health and Safety Code. 1, eff. 900, Sec. 4, eff. 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. The bail bond agent will post bond on your behalf in exchange for a fee that is equal to Sec. 164, Sec. Acts 2021, 87th Leg., R.S., Ch. 3, eff. Your ability to find quality employment and housing may be hampered, and you will lose other rights such as the right to bear arms. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agentto post the bond on your behalf. (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.