Tex. Civ. Prac. & Rem. Code §§ 16.003(a), 16.0045, 41.008(c); Tex. Penal Code § 22.01
Civil assault and battery in Texas — and the five and thirty-year deadlines people miss
A claim in Texas district and county courts · Last verified August 26, 2026
Civil assault in Texas borrows its definition from the Penal Code. The same conduct that is a crime is a tort, and no conviction, charge, or police report is required — the civil case proves the conduct by a preponderance of the evidence.
The deadlines are where people go wrong. The general period is two years. But CPRC § 16.0045 sets five years for sexual assault and thirty years for the child sexual offenses it lists, and an answer of "two years for any assault" is wrong for those cases.
What the claim is
Someone hurt you on purpose, threatened you with imminent harm, or touched you in a way they knew you would find offensive.
Where the right comes from
Common law, tracking the definitions in Penal Code § 22.01. The Texas Supreme Court has confirmed that the elements of civil assault mirror the criminal ones (Waffle House, Inc. v. Williams, 313 S.W.3d 796 (Tex. 2010)).
What a plaintiff has to prove
A defendant commits assault if the defendant:
- intentionally, knowingly or recklessly causes bodily injury to another; or
- intentionally or knowingly threatens another with imminent bodily injury; or
- intentionally or knowingly causes physical contact with another when the defendant knows or should reasonably believe the other will regard the contact as offensive or provocative.
Texas does not maintain a sharp doctrinal separation between assault and battery in civil cases; the third form is what other states call battery.
Bodily injury includes physical pain, illness, or any impairment of physical condition — a low threshold.
How long you have to file
Two years for an ordinary assault, under CPRC § 16.003(a).
Section 16.003(a) is expressly subject to § 16.0045, which sets far longer periods for sexual-offense conduct:
| Conduct | Period | Provision |
|---|---|---|
| Sexual assault of a child, aggravated sexual assault of a child, continuous sexual abuse of a young child, indecency with a child, certain trafficking and compelling-prostitution offenses involving a child | 30 years | § 16.0045(a) |
| Sexual assault, aggravated sexual assault, trafficking of persons, compelling prostitution | 5 years | § 16.0045(b) |
Where the injury results in death, the cause of action accrues on the death of the injured person. Section 16.0045(d) tolls the period where a petition is filed alleging that the defendant's identity is unknown.
What has to happen before you file
Nothing.
What the claim pays
Actual damages — medical expenses limited to amounts paid or incurred, lost earning capacity, physical pain, mental anguish, disfigurement and physical impairment.
Exemplary damages on clear and convincing proof of malice under CPRC § 41.003.
And the cap can lift. CPRC § 41.008(c) removes the exemplary damages cap for conduct described as a felony in a list of Penal Code sections — which includes a number of assault and sexual offenses — where the conduct was committed knowingly or intentionally. In an ordinary case the cap is the greater of two times economic damages plus non-economic damages up to $750,000, or $200,000. In a felony-conduct case it may not apply at all.
No attorney's fees.
Who can be sued
The person who committed the assault.
An employer, only where the assault was within the course and scope of employment — which is rare, because assaulting a customer is seldom part of the job. The more productive routes against an employer are negligent hiring, supervision and retention and, where the assault happened on the premises, negligent security as a premises liability claim.
A property owner, on the same premises theory, where the criminal act was foreseeable.
Common defenses
- Consent — express, or implied by participation in a contact sport or a mutual fight.
- Self-defense or defense of a third person or property.
- Limitations, though the § 16.0045 periods are much longer than defendants sometimes assume.
- No intent — the contact was accidental.
- Privilege, including a shopkeeper's detention privilege and a peace officer's authority to use reasonable force.
What people get wrong
A criminal case is not required. The prosecutor's decision not to charge does not affect the civil claim, and the burden of proof is lower.
Two years is not the answer for sexual assault claims. Five years, or thirty for the listed child offenses.
The punitive damages cap can disappear. Section 41.008(c) removes it for knowing or intentional felony conduct.
Suing the employer usually fails on the assault claim itself. The route is negligent hiring or negligent security, not respondeat superior.
Where it came from
Assault and battery are among the oldest torts in the common law, and Texas has always allowed a civil action for them. What has changed is the deadline.
The two-year period applied to every assault claim, including childhood sexual abuse, until the Legislature began carving out longer periods. Section 16.0045 was added in 1995 and expanded repeatedly — to five years for adult sexual assault, then to thirty years for offenses against children, and again in 2023 to add and expand covered offenses. The reason given each time was the same: victims of childhood abuse frequently do not disclose for decades, and a two-year period extinguished nearly every claim before it could be brought.
Common questions
How long do I have to sue for assault in Texas?
Two years for an ordinary assault. Five years for sexual assault, aggravated sexual assault, trafficking and compelling prostitution. Thirty years for the child sexual offenses listed in § 16.0045(a).
Do I need a criminal conviction first?
No. The civil claim is independent and is proved by a preponderance of the evidence.
Can I recover attorney's fees?
No.
Can I get punitive damages?
Yes, on clear and convincing proof of malice — and the statutory cap may not apply at all where the conduct is knowing or intentional felony conduct on the § 41.008(c) list.
Can I sue the business where it happened?
Usually not for the assault itself. The claims against a business are negligent hiring or supervision, and premises liability for negligent security where the crime was foreseeable.
What if it happened years ago when I was a child?
The period for the listed child sexual offenses is thirty years from accrual.
Where these rules live
- CPRC § 16.003 — Two-year limitations period
- CPRC § 16.0045 — Limitations for claims arising from certain offenses
- CPRC § 41.003 — Standards for recovery of exemplary damages
- CPRC § 41.008 — Limitation on amount of recovery, and the felony exception
- CPRC § 41.005 — Harm resulting from a criminal act
- CPRC § 33.001 — Proportionate responsibility