(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.

(b) [non-substantive amendment 9/1/97] An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is:

(1) a felony of the third degree if the offense is committed 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; or

(2) a state jail felony if it is shown on the trial of the offense that the offense was committed against a family member and that the defendant has been previously convicted of an offense against a family member under this section two or more times.

(c) [amended 9/1/95] An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that an offense under Subsection (a)(3) is a Class A misdemeanor if the offense was committed against an elderly individual or disabled individual, as those terms are defined by Section 22.04.

(d) [added 9/1/95] For purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant.

(e) [added 9/1/95] In this section, "family" has the meaning assigned by Section 71.01, Family Code.

(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 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 unless it is shown on the trial of the offense that the offense was committed against a family member and that the defendant has been previously convicted of an offense against a family member under this section two or more times, in which event the offense is a state jail felony.

(b) An offense under Subsection (a)(1) is a Class A misdemeanor.

(c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor.