reglab/statecodes huggingface dataset:
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter D. Exceptional Sentences › Section 12.41. Classification of Offenses Outside This Code

Sec. 12.41.  CLASSIFICATION OF OFFENSES OUTSIDE THIS CODE.  For purposes of this subchapter, any conviction not obtained from a prosecution under this code shall be classified as follows:
(1)  "felony of the third degree" if imprisonment in the Texas Department of Criminal Justice or another penitentiary is affixed to the offense as a possible punishment;
(2)  "Class B misdemeanor" if the offense is not a felony and confinement in a jail is affixed to the offense as a possible punishment;
(3)  "Class C misdemeanor" if the offense is punishable by fine only.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.149, eff. September 1, 2009.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter D. Exceptional Sentences › Section 12.425. Penalties for Repeat and Habitual Felony Offenders on Trial for State Jail Felony

Sec. 12.425.  PENALTIES FOR REPEAT AND HABITUAL FELONY OFFENDERS ON TRIAL FOR STATE JAIL FELONY.  (a)  If it is shown on the trial of a state jail felony punishable under Section 12.35(a) that the defendant has previously been finally convicted of two state jail felonies punishable under Section 12.35(a), on conviction the defendant shall be punished for a felony of the third degree.
(b)  If it is shown on the trial of a state jail felony punishable under Section 12.35(a) that the defendant has previously been finally convicted of two felonies other than a state jail felony punishable under Section 12.35(a), and the second previous felony conviction is for an offense that occurred subsequent to the first previous conviction having become final, on conviction the defendant shall be punished for a felony of the second degree.
(c)  If it is shown on the trial of a state jail felony for which punishment may be enhanced under Section 12.35(c) that the defendant has previously been finally convicted of a felony other than a state jail felony punishable under Section 12.35(a), on conviction the defendant shall be punished for a felony of the second degree.
Added by Acts 2011, 82nd Leg., R.S., Ch. 834 (H.B. 3384), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter D. Exceptional Sentences › Section 12.43. Penalties for Repeat and Habitual Misdemeanor Offenders

Sec. 12.43.  PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR OFFENDERS.  (a)  If it is shown on the trial of a Class A misdemeanor that the defendant has been before convicted of a Class A misdemeanor or any degree of felony, on conviction he shall be punished by:
(1)  a fine not to exceed $4,000;
(2)  confinement in jail for any term of not more than one year or less than 90 days;  or
(3)  both such fine and confinement.
(b)  If it is shown on the trial of a Class B misdemeanor that the defendant has been before convicted of a Class A or Class B misdemeanor or any degree of felony, on conviction he shall be punished by:
(1)  a fine not to exceed $2,000;
(2)  confinement in jail for any term of not more than 180 days or less than 30 days;  or
(3)  both such fine and confinement.
(c)  If it is shown on the trial of an offense punishable as a Class C misdemeanor under Section 42.01 or 49.02 that the defendant has been before convicted under either of those sections three times or three times for any combination of those offenses and each prior offense was committed in the 24 months preceding the date of commission of the instant offense, the defendant shall be punished by:
(1)  a fine not to exceed $2,000;
(2)  confinement in jail for a term not to exceed 180 days;  or
(3)  both such fine and confinement.
(d)  If the punishment scheme for an offense contains a specific enhancement provision increasing punishment for a defendant who has previously been convicted of the offense, the specific enhancement provision controls over this section.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1995, 74th Leg., ch. 318, Sec. 2, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 564, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter D. Exceptional Sentences › Section 12.44. Reduction of State Jail Felony Punishment to Misdemeanor Punishment

Sec. 12.44.  REDUCTION OF STATE JAIL FELONY PUNISHMENT TO MISDEMEANOR PUNISHMENT.  (a)  A court may punish a defendant who is convicted of a state jail felony by imposing the confinement permissible as punishment for a Class A misdemeanor if, after considering the gravity and circumstances of the felony committed and the history, character, and rehabilitative needs of the defendant, the court finds that such punishment would best serve the ends of justice.
(b)  At the request of the prosecuting attorney, the court may authorize the prosecuting attorney to prosecute a state jail felony as a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1989, 71st Leg., ch. 785, Sec. 4.02, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1995, 74th Leg., ch. 318, Sec. 3, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1276 (H.B. 2296), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter D. Exceptional Sentences › Section 12.45. Admission of Unadjudicated Offense

Sec. 12.45.  ADMISSION OF UNADJUDICATED OFFENSE.  (a)  A person may, with the consent of the attorney for the state, admit during the sentencing hearing his guilt of one or more unadjudicated offenses and request the court to take each into account in determining sentence for the offense or offenses of which he stands adjudged guilty.
(b)  Before a court may take into account an admitted offense over which exclusive venue lies in another county or district, the court must obtain permission from the prosecuting attorney with jurisdiction over the offense.
(c)  If a court lawfully takes into account an admitted offense, prosecution is barred for that offense.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1983, 68th Leg., p. 4131, ch. 649, Sec. 1, eff. Aug. 29, 1983;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter D. Exceptional Sentences › Section 12.46. Use of Prior Convictions

Sec. 12.46.  USE OF PRIOR CONVICTIONS.  The use of a conviction for enhancement purposes shall not preclude the subsequent use of such conviction for enhancement purposes.
Added by Acts 1979, 66th Leg., p. 1027, ch. 459, Sec. 1, eff. June 7, 1979.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter D. Exceptional Sentences › Section 12.47. Penalty if Offense Committed Because of Bias or Prejudice

Sec. 12.47.  PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS OR PREJUDICE.  (a)  If an affirmative finding under Article 42.014, Code of Criminal Procedure, is made in the trial of an offense other than a first degree felony or a Class A misdemeanor, the punishment for the offense is increased to the punishment prescribed for the next highest category of offense.  If the offense is a Class A misdemeanor, the minimum term of confinement for the offense is increased to 180 days.  This section does not apply to the trial of an offense of injury to a disabled individual under Section 22.04, if the affirmative finding in the case under Article 42.014, Code of Criminal Procedure, shows that the defendant intentionally selected the victim because the victim was disabled.
(b)  The attorney general, if requested to do so by a prosecuting attorney, may assist the prosecuting attorney in the investigation or prosecution of an offense committed because of bias or prejudice.  The attorney general shall designate one individual in the division of the attorney general's office that assists in the prosecution of criminal cases to coordinate responses to requests made under this subsection.
Added by Acts 1993, 73rd Leg., ch. 987, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 751, Sec. 1, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 85, Sec. 1.01, eff. Sept. 1, 2001.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter D. Exceptional Sentences › Section 12.48. Certain Offenses Resulting in Loss to Nursing and Convalescent Homes

Sec. 12.48.  CERTAIN OFFENSES RESULTING IN LOSS TO NURSING AND CONVALESCENT HOMES.  If it is shown on the trial of an offense under Chapter 31 or 32 that, as a result of a loss incurred because of the conduct charged, a trustee was appointed and emergency assistance funds, other than funds used to pay the expenses of the trustee, were used for a nursing or convalescent home under Subchapter D, Chapter 242, Health and Safety Code, the punishment for the offense is increased to the punishment prescribed for the next higher category of offense except that a felony of the first degree is punished as a felony of the first degree.
Added by Acts 1999, 76th Leg., ch. 439, Sec. 4, eff. Sept. 1, 1999.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter D. Exceptional Sentences › Section 12.49. Penalty if Controlled Substance Used to Commit Offense

Sec. 12.49.  PENALTY IF CONTROLLED SUBSTANCE USED TO COMMIT OFFENSE.  If the court makes an affirmative finding under Article 42.012, Code of Criminal Procedure, in the punishment phase of the trial of an offense under Chapter 29, Chapter 31, or Title 5, other than a first degree felony or a Class A misdemeanor, the punishment for the offense is increased to the punishment prescribed for the next highest category of offense.  If the offense is a Class A misdemeanor, the minimum term of confinement for the offense is increased to 180 days.
Added by Acts 1999, 76th Leg., ch. 417, Sec. 2(a), eff. Sept. 1, 1999.  Renumbered from Penal Code Sec. 12.48 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(93), 21.002(15), eff. Sept. 1, 2001.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter D. Exceptional Sentences › Section 12.50. Penalty if Offense Committed in Disaster Area or Evacuated Area

Sec. 12.50.  PENALTY IF OFFENSE COMMITTED IN DISASTER AREA OR EVACUATED AREA.  (a)  Subject to Subsections (c) and (d), the punishment for an offense described by Subsection (b) is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that the offense was committed in an area that was, at the time of the offense:
(1)  subject to a declaration of a state of disaster made by:
(A)  the president of the United States under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Section 5121 et seq.);
(B)  the governor under Section 418.014, Government Code; or
(C)  the presiding officer of the governing body of a political subdivision under Section 418.108, Government Code; or
(2)  subject to an emergency evacuation order.
(b)  The increase in punishment authorized by this section applies only to an offense under:
(1)  Section 20.05;
(2)  Section 20.06;
(3)  Section 20.07;
(4)  Section 22.01;
(5)  Section 28.02;
(6)  Section 29.02;
(7)  Section 30.02;
(8)  Section 30.03;
(9)  Section 30.04;
(10)  Section 30.05; and
(11)  Section 31.03.
(c)  If an offense listed under Subsection (b) is punishable as a Class A misdemeanor, the minimum term of confinement for the offense is increased to 180 days.  Except as provided by Subsection (d), if an offense listed under Subsection (b) is punishable as a felony of the first degree, the punishment for that offense may not be increased under this section.
(d)  Except as otherwise provided by this subsection, the minimum term of imprisonment for an offense listed under Subsection (b)(1), (2), or (3) for which punishment is increased under this section is 10 years.  If an offense listed under Subsection (b)(1) or (2) is punishable as a felony of the first degree, the minimum term of imprisonment is increased to 15 years unless another provision of law applicable to the offense provides for a minimum term of imprisonment of 15 years or more.
(e)  For purposes of this section, "emergency evacuation order" means an official statement issued by the governing body of this state or a political subdivision of this state to recommend or require the evacuation of all or part of the population of an area stricken or threatened with a disaster.
Added by Acts 2009, 81st Leg., R.S., Ch. 731 (S.B. 359), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 418 (S.B. 201), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 418 (S.B. 201), Sec. 2, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1058 (H.B. 1028), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1058 (H.B. 1028), Sec. 2, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 16.001, eff. September 1, 2021.
Acts 2023, 88th Leg., 3rd C.S., Ch. 1 (S.B. 4), Sec. 2, eff. February 6, 2024.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter D. Exceptional Sentences › Section 12.501. Penalty for Certain Offenses Committed in Retaliation for or on Account of Person's Service or Status as Public Servant

Sec. 12.501.  PENALTY FOR CERTAIN OFFENSES COMMITTED IN RETALIATION FOR OR ON ACCOUNT OF PERSON'S SERVICE OR STATUS AS PUBLIC SERVANT.  (a)  In this section, "public servant" has the meaning assigned by Section 36.06.
(b)  Subject to Subsection (d), the punishment for an offense described by Subsection (c) is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that:
(1)  the offense:
(A)  was committed against a person the actor knows is a public servant or a member of a public servant's family or household; or
(B)  involves property that the actor knows belongs to, is under the control of, or is lawfully possessed by a public servant; and
(2)  the offense was committed in retaliation for or on account of the service or status of the person as a public servant.
(c)  The increase in punishment authorized by this section applies only to:
(1)  an offense under Section 21.16, 21.18, 21.19, 22.011, 28.02, 28.03, 30.05, 33.02, 42.07, or 42.072; or
(2)  an offense under Section 32.51, other than an offense punishable under Subsection (c-1) of that section.
(d)  If an offense described by Subsection (c) is punishable as a Class A misdemeanor, the minimum term of confinement for the offense is increased to 180 days. If an offense described by Subsection (c) is punishable as a felony of the first degree, the punishment for that offense may not be increased under this section.
(e)  For purposes of this section, "member of a public servant's family" means a person related to the public servant within the second degree of consanguinity.
Added by Acts 2021, 87th Leg., R.S., Ch. 791 (H.B. 624), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter D. Exceptional Sentences › Section 12.502. Penalty if Offense Committed on Premises of Postsecondary Educational Institution

Sec. 12.502.  PENALTY IF OFFENSE COMMITTED ON PREMISES OF POSTSECONDARY EDUCATIONAL INSTITUTION.  (a)  In this section:
(1)  "Postsecondary educational institution" means:
(A)  an institution of higher education or a private or independent institution of higher education as defined by Section 61.003, Education Code; or
(B)  a career school or college as defined by Section 132.001, Education Code.
(2)  "Premises" means real property and all buildings and appurtenances pertaining to the real property.
(b)  Except as provided by Subsection (c), if it is shown on the trial of an offense under Section 21.07, 21.08, 21.15, or 21.17 that the offense was committed in a location that was on the premises of a postsecondary educational institution, the category of punishment for the offense is increased to a higher category of offense as follows:
(1)  a Class C misdemeanor is increased to a Class B misdemeanor;
(2)  a Class B misdemeanor is increased to a Class A misdemeanor;
(3)  a Class A misdemeanor is increased to a state jail felony; and
(4)  a state jail felony is increased to a felony of the third degree.
(c)  For an offense otherwise punishable under Subsection (b), if it is shown on the trial of the offense that the person has been previously convicted twice of an offense under Section 21.07, 21.08, 21.15, or 21.17 for which the punishment was increased under Subsection (b), the category of punishment for the offense is increased to a higher category of offense as follows:
(1)  a Class C misdemeanor is increased to a Class A misdemeanor;
(2)  a Class B misdemeanor is increased to a state jail felony;
(3)  a Class A misdemeanor is increased to a felony of the third degree; and
(4)  a state jail felony is increased to a felony of the second degree.
(d)  If the punishment scheme for an offense under Section 21.07, 21.08, 21.15, or 21.17 contains a specific enhancement provision increasing punishment to a higher minimum term of punishment than the minimum term required by the applicable higher category of offense prescribed by Subsection (b) or (c), the specific enhancement provision controls over this section.
(e)  A previous conviction may be used for purposes of enhancement under this section or under another provision of Subchapter D, Chapter 12, but not under both this section and the other provision.
Added by Acts 2023, 88th Leg., R.S., Ch. 451 (H.B. 3553), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 3 - Punishments › Chapter 12 - Punishments › Subchapter E. Corporations and Associations › Section 12.51. Authorized Punishments for Corporations, Associations, Limited Liability Companies, and Other Business Entities

Sec. 12.51.  AUTHORIZED PUNISHMENTS FOR CORPORATIONS, ASSOCIATIONS, LIMITED LIABILITY COMPANIES, AND OTHER BUSINESS ENTITIES.  (a)  If a corporation, an association, a limited liability company, or another business entity is adjudged guilty of an offense that provides a penalty consisting of a fine only, a court may sentence the corporation, association, limited liability company, or other business entity to pay a fine in an amount fixed by the court, not to exceed the fine provided by the offense.
(b)  If a corporation, an association, a limited liability company, or another business entity is adjudged guilty of an offense that provides a penalty including imprisonment, or that provides no specific penalty, a court may sentence the corporation, association, limited liability company, or other business entity to pay a fine in an amount fixed by the court, not to exceed:
(1)  $20,000 if the offense is a felony of any category;
(2)  $10,000 if the offense is a Class A or Class B misdemeanor;
(3)  $2,000 if the offense is a Class C misdemeanor; or
(4)  $50,000 if, as a result of an offense classified as a felony or Class A misdemeanor, an individual suffers serious bodily injury or death.
(c)  In lieu of the fines authorized by Subsections (a), (b)(1), (b)(2), and (b)(4), if a court finds that the corporation, association, limited liability company, or other business entity gained money or property or caused personal injury or death, property damage, or other loss through the commission of a felony or Class A or Class B misdemeanor, the court may sentence the corporation, association, limited liability company, or other business entity to pay a fine in an amount fixed by the court, not to exceed double the amount gained or caused by the corporation, association, limited liability company, or business entity to be lost or damaged, whichever is greater.
(d)  In addition to any sentence that may be imposed by this section, a corporation, an association, a limited liability company, or another business entity that has been adjudged guilty of an offense may be ordered by the court to give notice of the conviction to any person the court deems appropriate.
(e)  On conviction of a corporation, an association, a limited liability company, or another business entity, the court shall notify the attorney general of that fact.
(f)  In this section, "business entity" has the meaning assigned by Section 7.21.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1977, 65th Leg., p. 1917, ch. 768, Sec. 1, eff. June 16, 1977;  Acts 1987, 70th Leg., ch. 1085, Sec. 1, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 112 (S.B. 1258), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Penal Code › Title 4 - Inchoate Offenses › Chapter 15 - Preparatory Offenses › Section 15.01. Criminal Attempt

Sec. 15.01.  CRIMINAL ATTEMPT.  (a)  A person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.
(b)  If a person attempts an offense that may be aggravated, his conduct constitutes an attempt to commit the aggravated offense if an element that aggravates the offense accompanies the attempt.
(c)  It is no defense to prosecution for criminal attempt that the offense attempted was actually committed.
(d)  An offense under this section is one category lower than the offense attempted, and if the offense attempted is a state jail felony, the offense is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1975, 64th Leg., p. 478, ch. 203, Sec. 4, eff. Sept. 1, 1975;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 4 - Inchoate Offenses › Chapter 15 - Preparatory Offenses › Section 15.02. Criminal Conspiracy

Sec. 15.02.  CRIMINAL CONSPIRACY.  (a)  A person commits criminal conspiracy if, with intent that a felony be committed:
(1)  he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense;  and
(2)  he or one or more of them performs an overt act in pursuance of the agreement.
(b)  An agreement constituting a conspiracy may be inferred from acts of the parties.
(c)  It is no defense to prosecution for criminal conspiracy that:
(1)  one or more of the coconspirators is not criminally responsible for the object offense;
(2)  one or more of the coconspirators has been acquitted, so long as two or more coconspirators have not been acquitted;
(3)  one or more of the coconspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution;
(4)  the actor belongs to a class of persons that by definition of the object offense is legally incapable of committing the object offense in an individual capacity;  or
(5)  the object offense was actually committed.
(d)  An offense under this section is one category lower than the most serious felony that is the object of the conspiracy, and if the most serious felony that is the object of the conspiracy is a state jail felony, the offense is a Class A misdemeanor.  This subsection does not apply to an offense under Section 76.02.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 4 - Inchoate Offenses › Chapter 15 - Preparatory Offenses › Section 15.03. Criminal Solicitation

Sec. 15.03.  CRIMINAL SOLICITATION.  (a)  A person commits an offense if, with intent that a capital felony or felony of the first degree be committed, he requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding his conduct as the actor believes them to be, would constitute the felony or make the other a party to its commission.
(b)  A person may not be convicted under this section on the uncorroborated testimony of the person allegedly solicited and unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor's intent that the other person act on the solicitation.
(c)  It is no defense to prosecution under this section that:
(1)  the person solicited is not criminally responsible for the felony solicited;
(2)  the person solicited has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution;
(3)  the actor belongs to a class of persons that by definition of the felony solicited is legally incapable of committing the offense in an individual capacity;  or
(4)  the felony solicited was actually committed.
(d)  An offense under this section is:
(1)  a felony of the first degree if the offense solicited is a capital offense;  or
(2)  a felony of the second degree if the offense solicited is a felony of the first degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 462, Sec. 1, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 4 - Inchoate Offenses › Chapter 15 - Preparatory Offenses › Section 15.032. Child Grooming

Sec. 15.032.  CHILD GROOMING.  (a)  A person commits an offense if, with the intent that an offense under Chapter 43 or an offense involving sexual activity, the occurrence of which would subject the actor to criminal liability under Chapter 20A, 21, or 22, be committed, the person knowingly persuades, induces, entices, or coerces, or attempts to persuade, induce, entice, or coerce, a child younger than 18 years of age to engage in specific conduct that, under the circumstances surrounding the actor's conduct as the actor believes them to be, would:
(1)  constitute an offense under Chapter 43 or an offense involving sexual activity the occurrence of which would subject the actor to criminal liability under Chapter 20A, 21, or 22; or
(2)  make the child a party to the commission of an offense described by Subdivision (1).
(b)  An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor has previously been convicted of an offense under:
(1)  Chapter 20A, if the offense involved conduct described by Section 20A.02(a)(7) or (8);
(2)  Section 21.02;
(3)  Section 21.11;
(4)  Section 22.011, if the victim of the offense was a child under 18 years of age; or
(5)  Section 22.021, if the victim of the offense was a child under 18 years of age.
(c)  It is an affirmative defense to prosecution under this section that the actor is under the age of 18 and:
(1)  the actor engaged in conduct described by Subsection (a) with respect to another child under the age of 18:
(A)  who is not more than three years older or younger than the actor and with whom the actor had a dating relationship at the time of the offense; or
(B)  who was the spouse of the actor at the time of the offense; and
(2)  the conduct occurred only between the actor and the other child described by Subdivision (1).
(d)  If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section but not both sections.
Added by Acts 2023, 88th Leg., R.S., Ch. 93 (S.B. 1527), Sec. 6.01, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 4 - Inchoate Offenses › Chapter 15 - Preparatory Offenses › Section 15.04. Renunciation Defense

Sec. 15.04.  RENUNCIATION DEFENSE.  (a)  It is an affirmative defense to prosecution under Section 15.01 that under circumstances manifesting a voluntary and complete renunciation of his criminal objective the actor avoided commission of the offense attempted by abandoning his criminal conduct or, if abandonment was insufficient to avoid commission of the offense, by taking further affirmative action that prevented the commission.
(b)  It is an affirmative defense to prosecution under Section 15.02 or 15.03 that under circumstances manifesting a voluntary and complete renunciation of his criminal objective the actor countermanded his solicitation or withdrew from the conspiracy before commission of the object offense and took further affirmative action that prevented the commission of the object offense.
(c)  Renunciation is not voluntary if it is motivated in whole or in part:
(1)  by circumstances not present or apparent at the inception of the actor's course of conduct that increase the probability of detection or apprehension or that make more difficult the accomplishment of the objective;  or
(2)  by a decision to postpone the criminal conduct until another time or to transfer the criminal act to another but similar objective or victim.
(d)  Evidence that the defendant renounced his criminal objective by abandoning his criminal conduct, countermanding his solicitation, or withdrawing from the conspiracy before the criminal offense was committed and made substantial effort to prevent the commission of the object offense shall be admissible as mitigation at the hearing on punishment if he has been found guilty of criminal attempt, criminal solicitation, or criminal conspiracy;  and in the event of a finding of renunciation under this subsection, the punishment shall be one grade lower than that provided for the offense committed.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 4 - Inchoate Offenses › Chapter 15 - Preparatory Offenses › Section 15.05. No Offense

Sec. 15.05.  NO OFFENSE.  Attempt or conspiracy to commit, or solicitation of, a preparatory offense defined in this chapter is not an offense.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 4 - Inchoate Offenses › Chapter 16 - Criminal Instruments, Interception of Wire or Oral Communication, and Installation of Tracking Device › Section 16.01. Unlawful Use of Criminal Instrument or Mechanical Security Device

Sec. 16.01.  UNLAWFUL USE OF CRIMINAL INSTRUMENT OR MECHANICAL SECURITY DEVICE.  (a)   A person commits an offense if:
(1)  the person possesses a criminal instrument or mechanical security device with the intent to use the instrument or device in the commission of an offense; or
(2)  with knowledge of its character and with the intent to use a criminal instrument or mechanical security device or aid or permit another to use the instrument or device in the commission of an offense, the person manufactures, adapts, sells, installs, or sets up the instrument or device.
(b)  For the purpose of this section:
(1)  "Criminal instrument" means anything, the possession, manufacture, or sale of which is not otherwise an offense, that is specially designed, made, or adapted for use in the commission of an offense.
(2)  "Mechanical security device" means a device designed or manufactured for use by a locksmith to perform services for a customer who seeks entry to a structure, motor vehicle, or other property.
(c)  An offense under Subsection (a)(1) is one category lower than the offense intended. An offense under Subsection (a)(2) is a state jail felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 7, eff. Sept. 1, 1975;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 814 (H.B. 2577), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Penal Code › Title 4 - Inchoate Offenses › Chapter 16 - Criminal Instruments, Interception of Wire or Oral Communication, and Installation of Tracking Device › Section 16.03. Unlawful Use of Pen Register or Trap and Trace Device

Sec. 16.03.  UNLAWFUL USE OF PEN REGISTER OR TRAP AND TRACE DEVICE.  (a)  A person commits an offense if the person knowingly installs or uses a pen register or trap and trace device to record or decode electronic or other impulses for the purpose of identifying telephone numbers dialed or otherwise transmitted on a telephone line.
(b)  In this section:
(1)  "Authorized peace officer," "pen register," and "trap and trace device" have the meanings assigned by Article 18B.001, Code of Criminal Procedure.
(2)  "Communication common carrier" has the meaning assigned by Article 18A.001, Code of Criminal Procedure.
(c)  It is an affirmative defense to prosecution under Subsection (a) that the actor is:
(1)  an officer, employee, or agent of a communication common carrier and the actor installs or uses a device or equipment to record a number dialed from or to a telephone instrument in the normal course of business of the carrier for purposes of:
(A)  protecting property or services provided by the carrier; or
(B)  assisting another who the actor reasonably believes to be a peace officer authorized to install or use a pen register or trap and trace device under Chapter 18B, Code of Criminal Procedure;
(2)  an officer, employee, or agent of a lawful enterprise and the actor installs or uses a device or equipment while engaged in an activity that:
(A)  is a necessary incident to the rendition of service or to the protection of property of or services provided by the enterprise; and
(B)  is not made for the purpose of gathering information for a law enforcement agency or private investigative agency, other than information related to the theft of communication or information services provided by the enterprise; or
(3)  a person authorized to install or use a pen register or trap and trace device under Chapter 18B, Code of Criminal Procedure.
(d)  An offense under this section is a state jail felony.
Added by Acts 1985, 69th Leg., ch. 587, Sec. 6, eff. Aug. 26, 1985.  Amended by Acts 1989, 71st Leg., ch. 958, Sec. 2, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1997, 75th Leg., ch. 1051, Sec. 10, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 2.02, eff. January 1, 2019.
2023 Texas Statutes › Penal Code › Title 4 - Inchoate Offenses › Chapter 16 - Criminal Instruments, Interception of Wire or Oral Communication, and Installation of Tracking Device › Section 16.04. Unlawful Access to Stored Communications

Sec. 16.04.  UNLAWFUL ACCESS TO STORED COMMUNICATIONS.  (a)  In this section:
(1)  "Electronic communication," "user," and "wire communication" have the meanings assigned by Article 18A.001, Code of Criminal Procedure.
(2)  "Electronic storage" has the meaning assigned by Article 18B.001, Code of Criminal Procedure.
(b)  A person commits an offense if the person obtains, alters, or prevents authorized access to a wire or electronic communication while the communication is in electronic storage by:
(1)  intentionally obtaining access without authorization to a facility through which a wire or electronic communications service is provided;  or
(2)  intentionally exceeding an authorization for access to a facility through which a wire or electronic communications service is provided.
(c)  Except as provided by Subsection (d), an offense under Subsection (b) is a Class A misdemeanor.
(d)  If committed to obtain a benefit or to harm another, an offense is a state jail felony.
(e)  It is an affirmative defense to prosecution under Subsection (b) that the conduct was authorized by:
(1)  the provider of the wire or electronic communications service;
(2)  the user of the wire or electronic communications service;
(3)  the addressee or intended recipient of the wire or electronic communication; or
(4)  Chapter 18B, Code of Criminal Procedure.
Added by Acts 1989, 71st Leg., ch. 958, Sec. 3, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1997, 75th Leg., ch. 1051, Sec. 11, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 2.03, eff. January 1, 2019.
2023 Texas Statutes › Penal Code › Title 4 - Inchoate Offenses › Chapter 16 - Criminal Instruments, Interception of Wire or Oral Communication, and Installation of Tracking Device › Section 16.05. Illegal Divulgence of Public Communications

Sec. 16.05.  ILLEGAL DIVULGENCE OF PUBLIC COMMUNICATIONS.  (a)  In this section, "electronic communications service" has the meaning assigned by Article 18A.001, Code of Criminal Procedure.
(b)  A person who provides electronic communications service to the public commits an offense if the person knowingly divulges the contents of a communication to another who is not the intended recipient of the communication.
(c)  It is an affirmative defense to prosecution under Subsection (b) that the actor divulged the contents of the communication:
(1)  as authorized by federal or state law;
(2)  to a person employed, authorized, or whose facilities are used to forward the communication to the communication's destination;  or
(3)  to a law enforcement agency if the contents reasonably appear to pertain to the commission of a crime.
(d)  Except as provided by Subsection (e), an offense under Subsection (b) that involves a scrambled or encrypted radio communication is a state jail felony.
(e)  If committed for a tortious or illegal purpose or to gain a benefit, an offense under Subsection (b) that involves a radio communication that is not scrambled or encrypted:
(1)  is a Class A misdemeanor if the communication is not a public land mobile radio service communication or a paging service communication;  or
(2)  is a Class C misdemeanor if the communication is a public land mobile radio service communication or a paging service communication.
(f)  Repealed by Acts 1997, 75th Leg., ch. 1051, Sec. 13, eff. Sept. 1, 1997.
Added by Acts 1989, 71st Leg., ch. 1166, Sec. 17, eff. Sept. 1, 1989.  Renumbered from Penal Code Sec. 16.04 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(24), eff. Sept. 6, 1990.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1997, 75th Leg., ch. 1051, Sec. 12, 13, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 2.04, eff. January 1, 2019.
2023 Texas Statutes › Penal Code › Title 4 - Inchoate Offenses › Chapter 16 - Criminal Instruments, Interception of Wire or Oral Communication, and Installation of Tracking Device › Section 16.06. Unlawful Installation of Tracking Device

Sec. 16.06.  UNLAWFUL INSTALLATION OF TRACKING DEVICE.  (a)  In this section:
(1)  "Electronic or mechanical tracking device" means a device capable of emitting an electronic frequency or other signal that may be used by a person to identify, monitor, or record the location of another person or object.
(2)  "Motor vehicle" has the meaning assigned by Section 501.002, Transportation Code.
(b)  A person commits an offense if the person knowingly installs an electronic or mechanical tracking device on a motor vehicle owned or leased by another person.
(c)  An offense under this section is a Class A misdemeanor.
(d)  It is an affirmative defense to prosecution under this section that the person:
(1)  obtained the effective consent of the owner or lessee of the motor vehicle before the electronic or mechanical tracking device was installed;
(2)   assisted another whom the person reasonably believed to be a peace officer authorized to install the device in the course of a criminal investigation or pursuant to an order of a court to gather information for a law enforcement agency; or
(3)  was a private investigator licensed under Chapter 1702, Occupations Code, who installed the device:
(A)  with written consent:
(i)  to install the device given by the owner or lessee of the motor vehicle; and
(ii)  to enter private residential property, if that entry was necessary to install the device, given by the owner or lessee of the property; or
(B)  pursuant to an order of or other authorization from a court to gather information.
(e)  This section does not apply to a peace officer who installed the device in the course of a criminal investigation or pursuant to an order of a court to gather information for a law enforcement agency.
Added by Acts 1999, 76th Leg., ch. 728, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.828, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1122 (H.B. 1659), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 19 - Criminal Homicide › Section 19.01. Types of Criminal Homicide

Sec. 19.01.  TYPES OF CRIMINAL HOMICIDE.  (a)  A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual.
(b)  Criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 19 - Criminal Homicide › Section 19.02. Murder

Sec. 19.02.  MURDER.  (a)  In this section:
(1)  "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.
(2)  "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.
(b)  A person commits an offense if the person:
(1)  intentionally or knowingly causes the death of an individual;
(2)  intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual;
(3)  commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, the person commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual; or
(4)  knowingly manufactures or delivers a controlled substance included in Penalty Group 1-B under Section 481.1022, Health and Safety Code, in violation of Section 481.1123, Health and Safety Code, and an individual dies as a result of injecting, ingesting, inhaling, or introducing into the individual's body any amount of the controlled substance manufactured or delivered by the actor, regardless of whether the controlled substance was used by itself or with another substance, including a drug, adulterant, or dilutant.
(c)  Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
(d)  At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause.  If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.
(e)  It is a defense to prosecution under Subsection (b)(4) that the actor's conduct in manufacturing or delivering the controlled substance was authorized under Chapter 481, Health and Safety Code, or other state or federal law.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 910 (H.B. 6), Sec. 20, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 19 - Criminal Homicide › Section 19.04. Manslaughter

Sec. 19.04.  MANSLAUGHTER.  (a)  A person commits an offense if he recklessly causes the death of an individual.
(b)  An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if it is shown on the trial of the offense that the defendant committed an offense under Section 28.09 and that conduct caused the death of an individual.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Renumbered from Penal Code Sec. 19.04 by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1987, 70th Leg., ch. 307, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Penal Code Sec. 19.05 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1146 (S.B. 947), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 19 - Criminal Homicide › Section 19.05. Criminally Negligent Homicide

Sec. 19.05.  CRIMINALLY NEGLIGENT HOMICIDE.  (a)  A person commits an offense if he causes the death of an individual by criminal negligence.
(b)  An offense under this section is a state jail felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Renumbered from Penal Code Sec. 19.06 by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974.  Renumbered from Penal Code Sec. 19.07 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 19 - Criminal Homicide › Section 19.06. Applicability to Certain Conduct

Sec. 19.06.  APPLICABILITY TO CERTAIN CONDUCT.  This chapter does not apply to the death of an unborn child if the conduct charged is:
(1)  conduct committed by the mother of the unborn child;
(2)  a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent, if the death of the unborn child was the intended result of the procedure;
(3)  a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code;  or
(4)  the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law.
Added by Acts 2003, 78th Leg., ch. 822, Sec. 2.02, eff. Sept. 1, 2003.