Throwing water on someone might seem minor, but in Texas, it can lead to legal trouble. The specific situation and your intention are key factors. This article explains how Texas law views these actions and when they can become a criminal offense.
Statutory Elements of Assault in Texas
Texas law defines assault in Section 22.01 of the Penal Code.1Texas Public Law. Texas Penal Code Section 22.01 – Assault This section provides the legal basis for assault charges.
Assault can occur if someone intentionally, knowingly, or recklessly causes bodily injury to another. Bodily injury, as defined in Texas Penal Code Section 1.07, includes physical pain, illness, or any impairment of physical condition.2Justia US Law. Texas Penal Code Section 1.07 (2024) – Definitions
Assault can also happen through threats. If a person intentionally or knowingly threatens someone with imminent bodily injury, and the victim believes the threat is credible, it can be assault.
The law distinguishes between different mental states. Acting intentionally means having a conscious goal to engage in the conduct or cause the result. Acting knowingly means being aware that the conduct is reasonably certain to cause the result. Acting recklessly involves being aware of and consciously disregarding a substantial, unjustifiable risk that the result will occur. The proven mental state affects the seriousness of an assault charge.
Offensive or Provocative Contact
Texas law also defines assault as unwanted physical touch. Under Texas Penal Code Section 22.01, assault occurs if someone intentionally or knowingly causes physical contact with another person, knowing or reasonably believing that person will find the contact offensive or provocative.
This means assault can include contact that doesn’t cause bodily injury but is still unwanted. The key is that the contact is offensive or provocative, and the person causing it knew or should have known it would be perceived that way. The contact itself doesn’t need to cause pain or leave a mark.
When Throwing Water May Fall Under Assault
Throwing water on someone can be assault in Texas depending on the outcome and intent. While water itself may not seem harmful, certain situations can make this act a form of assault.
If throwing water causes bodily injury, it can be assault. Examples include:
- Using water that is dangerously hot, causing burns.
- Using extremely cold water, leading to shock.
- Using contaminated water that causes illness.
- Throwing water with enough force or in a way that causes someone to slip, fall, and get injured.
For it to be assault, the person must have acted intentionally, knowingly, or recklessly. For instance, deliberately throwing scalding water to cause pain is an intentional act. Throwing water containing a known irritant, aware it will likely cause injury, is a knowing act. Forcefully throwing water on a slippery floor, disregarding the risk of a fall, could be reckless.
Throwing water can also be assault if it’s a threat of imminent bodily injury. This might happen if the act is paired with verbal threats or menacing actions that make someone reasonably fear immediate harm. For example, throwing any liquid while claiming it’s a dangerous chemical could be seen as a threat, even if it’s just water, if the victim’s fear is reasonable.
Potential Criminal Penalties
The criminal penalties for assault in Texas, including incidents involving throwing water, depend on factors like the extent of injury, the defendant’s intent, and details about the victim.
If throwing water is classified as assault by offensive or provocative contact, it is a Class C misdemeanor. According to Texas Penal Code Section 12.23, this is punishable by a fine of up to $500, with no jail time.3Justia US Law. Texas Penal Code Section 12.23 (2024) – Class C Misdemeanor
If the act causes bodily injury (for example, if the water was scalding or caused a fall), it is a Class A misdemeanor. Texas Penal Code Section 12.21 states this can result in up to one year in jail, a fine up to $4,000, or both.4Texas Penal Code. Sec. 12.21. Class A Misdemeanor
Penalties can be more severe. Assault causing bodily injury can become a third-degree felony if committed against a public servant on duty or in certain family violence situations with prior convictions. A third-degree felony, under Texas Penal Code Section 12.34, is punishable by 2 to 10 years in prison and a fine up to $10,000.5Texas Public Law. Texas Penal Code Section 12.34 – Third Degree Felony Punishment
If the assault results in serious bodily injury (an injury creating a substantial risk of death, serious permanent disfigurement, or long-term loss or impairment of a bodily function) or if a deadly weapon is used, it becomes aggravated assault. While water isn’t usually a deadly weapon, the way it’s used or the container it’s in could be considered one. Aggravated assault is a second-degree felony under Texas Penal Code Section 12.33, punishable by 2 to 20 years in prison and a fine up to $10,000.6Texas Penal Code. Sec. 12.33. Second Degree Felony Punishment This can be enhanced to a first-degree felony (Texas Penal Code Section 12.32: 5 years to life in prison, fine up to $10,000) if it involves a public servant or specific domestic violence circumstances.7Texas Public Law. Texas Penal Code Section 12.32 – First Degree Felony Punishment
Texas law also increases penalties for repeat offenders. Any assault conviction, even a misdemeanor, can have other consequences, such as affecting employment or, in family violence cases, the right to own firearms.
Civil Actions Related to Such Conduct
Beyond criminal charges, throwing water on someone in Texas can lead to civil lawsuits. The person doused can sue the actor for compensation.
A common civil claim is battery, which is an intentional, knowing, or reckless act causing harmful or offensive contact without consent. Throwing water can be offensive contact, even without physical injury, if a reasonable person would find it so, or if the defendant knew the plaintiff would. The plaintiff must prove the contact was intentional and offensive or harmful (e.g., ruined property).
Another claim is civil assault: an act intentionally or knowingly causing reasonable fear of imminent harmful or offensive contact. If throwing water was preceded by threats or gestures causing fear of being struck or doused offensively, a civil assault claim might be valid, even if the water missed.
Successful plaintiffs can recover damages. Compensatory damages cover actual losses, which include economic losses like damaged property or medical bills, and non-economic losses such as emotional distress or humiliation.
If the conduct was egregious, malicious, or grossly negligent, exemplary (punitive) damages might be awarded. Texas Civil Practice and Remedies Code, Chapter 41, allows these to punish wrongdoers and deter similar conduct, requiring clear evidence of fraud, malice, or gross negligence.8Texas Legislature Online. Civil Practice and Remedies Code Chapter 41. Damages
Individuals considering civil action should know the statute of limitations. For personal injury claims like civil assault and battery, Texas Civil Practice and Remedies Code Section 16.003 sets a two-year limit from the incident date to file a lawsuit.9Texas Public Law. Texas Civil Practice and Remedies Code Section 16.003 – Two-Year Limitations Period Missing this deadline can bar the case.