I have a case where the suspect is alleged to have assaulted (BI) two victims during the same criminal episode, as defined in TPC 3.01. One victim was a member of the suspect's household and the other was formerly in a dating relationship with the suspect. An element of TPC 25.11 is that the actor, within a 12-month period, "two or more times" commits FV assault. I have not found guidance on whether "two or more times" means two or more criminal episodes. Should the suspect be prosecuted under TPC 25.11 under these circumstances?

Possibly the change made in the original bill by the committee substitute answers your question: the substitute differed "from the original by specifying that a person commits a continuous violence against the family offense if the person two or more times within a 12-month period, rather than on more than one occasion and pursuant to the same scheme or course of conduct during that same period, engages in conduct that results in bodily injury to another person in a dating, family, or household relationship with the offender."

The literal language of the statute does not specify how or whether the "two times" must be separated or segregated. The more interesting question would come about if the same force managed to injure two persons at essentially the same time. Given that the purpose of the bill was to encourage victims to remain willing to testify, it would not seem that anything other than two sets of injuries would be called for. Bill Analysis