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ASSAULTIVE OFFENSES PENAL CODE TITLE 5.

b-2 Notwithstanding Subsection b 1 , an offense under Subsection a 1 is a felony of the second degree if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge 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 peace officer or judge.

b An offense under this section is a Class A misdemeanor.

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b-3 Notwithstanding Subsection b 2 , an offense under Subsection a 1 is a felony of the second degree if: 1 the offense is committed against a person whose relationship to or association with the defendant is described by Section b , , or , Family Code; 2 it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter , or Section , , or against a person whose relationship to or association with the defendant is described by Section b , , or , Family Code; and 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.

in the upper left corner you will see a smiley• 2 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 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 ; or 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.

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1, 1981; Acts 1981, 67th Leg.