The Fifth Circuit has determined that the mens rea alternatives listed in the Texas assault statute are alternative means, not alternative elements.  Thus, with respect to whether a misdemeanor assault conviction is a crime involving moral turpitude, the statute is overbroad and indivisible.  The court recognized that this finding was mandated by the Supreme Court's recent decision in Mathis v. United States. 

The full text of Gomez-Perez v. Lynch:

http://www.ca5.uscourts.gov/opinions/pub/14/14-60808-CV0.pdf

Comment