Laws Lawyers Find Laws Legal Forms State Laws Bills

TEXAS STATUTES AND CODES

CHAPTER 12. PUNISHMENTS

Listen
PENAL CODETITLE 3. PUNISHMENTSCHAPTER 12. PUNISHMENTSSUBCHAPTER A. GENERAL PROVISIONSSec. 12.01.PUNISHMENT IN ACCORDANCE WITH CODE.(a)A personadjudged guilty of an offense under this code shall be punishedin accordance with this chapter and the Code of CriminalProcedure.(b)Penal laws enacted after the effective date of this codeshall be classified for punishment purposes in accordance withthis chapter.(c)This chapter does not deprive a court of authority conferredby law to forfeit property, dissolve a corporation, suspend orcancel a license or permit, remove a person from office, cite forcontempt, or impose any other civil penalty. The civil penaltymay be included in the sentence.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.Sec. 12.02.CLASSIFICATION OF OFFENSES.Offenses are designatedas felonies or misdemeanors.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.Sec. 12.03.CLASSIFICATION OF MISDEMEANORS.(a)Misdemeanorsare classified according to the relative seriousness of theoffense into three categories:(1)Class A misdemeanors;(2)Class B misdemeanors;(3)Class C misdemeanors.(b)An offense designated a misdemeanor in this code withoutspecification as to punishment or category is a Class Cmisdemeanor.(c)Conviction of a Class C misdemeanor does not impose anylegal disability or disadvantage.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.Sec. 12.04.CLASSIFICATION OF FELONIES.(a)Felonies areclassified according to the relative seriousness of the offenseinto five categories:(1)capital felonies;(2)felonies of the first degree;(3)felonies of the second degree;(4)felonies of the third degree; and(5)state jail felonies.(b)An offense designated a felony in this code withoutspecification as to category is a state jail felony.Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.Amended by Acts 1973, 63rd Leg., p. 1125, ch. 426, art. 2, Sec.3, eff. Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,eff. Sept. 1, 1994.SUBCHAPTER B. ORDINARY MISDEMEANOR PUNISHMENTSSec. 12.21.CLASS A MISDEMEANOR.An individual adjudged guiltyof a Class A misdemeanor shall be punished by:(1)a fine not to exceed $4,000;(2)confinement in jail for a term not to exceed one year; or(3)both such fine and confinement.Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1,1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,1994.Sec. 12.22.CLASS B MISDEMEANOR.An individual adjudged guiltyof a Class B misdemeanor 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.Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1,1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,1994.Sec. 12.23.CLASS C MISDEMEANOR.An individual adjudged guiltyof a Class C misdemeanor shall be punished by a fine not toexceed $500.Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1,1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,1994.SUBCHAPTER C. ORDINARY FELONY PUNISHMENTSSec. 12.31.CAPITAL FELONY.(a)An individual adjudged guiltyof a capital felony in a case in which the state seeks the deathpenalty shall be punished by imprisonment in the Texas Departmentof Criminal Justice for life without parole or by death.Anindividual adjudged guilty of a capital felony in a case in whichthe state does not seek the death penalty shall be punished byimprisonment in the Texas Department of Criminal Justice for:(1)life, if the individual's case was transferred to the courtunder Section 54.02, Family Code; or(2)life without parole.(b)In a capital felony trial in which the state seeks the deathpenalty, prospective jurors shall be informed that a sentence oflife imprisonment without parole or death is mandatory onconviction of a capital felony.In a capital felony trial inwhich the state does not seek the death penalty, prospectivejurors shall be informed that the state is not seeking the deathpenalty and that:(1)a sentence of life imprisonment is mandatory on convictionof the capital felony, if the case was transferred to the courtunder Section 54.02, Family Code; or(2)a sentence of life imprisonment without parole is mandatoryon conviction of the capital felony.Added by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, Sec. 2,eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 652, Sec.12, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 838, Sec. 4,eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,eff. Sept. 1, 1994.Amended by:Acts 2005, 79th Leg., Ch.787, Sec. 1, eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch.87, Sec. 25.145, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch.765, Sec. 1, eff. September 1, 2009.Sec. 12.32.FIRST DEGREE FELONY PUNISHMENT.(a)An individualadjudged guilty of a felony of the first degree shall be punishedby imprisonment in the Texas Department of Criminal Justice forlife or for any term of not more than 99 years or less than 5years.(b)In addition to imprisonment, an individual adjudged guiltyof a felony of the first degree may be punished by a fine not toexceed $10,000.Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.Renumbered from Penal Code Sec. 12.31 by Acts 1973, 63rd Leg., p.1124, ch. 426, art. 2, Sec. 2, eff. Jan. 1, 1974. Amended by Acts1979, 66th Leg., p. 1058, ch. 488, Sec. 1, eff. Sept. 1, 1979;Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.Amended by:Acts 2009, 81st Leg., R.S., Ch.87, Sec. 25.146, eff. September 1, 2009.Sec. 12.33.SECOND DEGREE FELONY PUNISHMENT.(a)An individualadjudged guilty of a felony of the second degree shall bepunished by imprisonment in the Texas Department of CriminalJustice for any term of not more than 20 years or less than 2years.(b)In addition to imprisonment, an individual adjudged guiltyof a felony of the second degree may be punished by a fine not toexceed $10,000.Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.Renumbered from Penal Code Sec. 12.32 by Acts 1973, 63rd Leg., p.1124, ch. 426, art. 2, Sec. 2, eff. Jan. 1, 1974. Amended by Acts1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.Amended by:Acts 2009, 81st Leg., R.S., Ch.87, Sec. 25.147, eff. September 1, 2009.Sec. 12.34.THIRD DEGREE FELONY PUNISHMENT.(a)An individualadjudged guilty of a felony of the third degree shall be punishedby imprisonment in the Texas Department of Criminal Justice forany term of not more than 10 years or less than 2 years.(b)In addition to imprisonment, an individual adjudged guiltyof a felony of the third degree may be punished by a fine not toexceed $10,000.Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.Renumbered from Penal Code Sec. 12.33 by Acts 1973, 63rd Leg., p.1124, ch. 426, art. 2, Sec. 2, eff. Jan. 1,1974. Amended by Acts1989, 71st Leg., ch. 785, Sec. 4.01, eff. Sept. 1, 1989; Acts1990, 71st Leg., 6th C.S., ch. 25, Sec. 7, eff. June 18, 1990;Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.Amended by:Acts 2009, 81st Leg., R.S., Ch.87, Sec. 25.148, eff. September 1, 2009.Sec. 12.35.STATE JAIL FELONY PUNISHMENT.(a)Except asprovided by Subsection (c), an individual adjudged guilty of astate jail felony shall be punished by confinement in a statejail for any term of not more than two years or less than 180days.(b)In addition to confinement, an individual adjudged guilty ofa state jail felony may be punished by a fine not to exceed$10,000.(c)An individual adjudged guilty of a state jail felony shallbe punished for a third degree felony if it is shown on the trialof the offense that:(1)a deadly weapon as defined by Section 1.07 was used orexhibited during the commission of the offense or duringimmediate flight following the commission of the offense, andthat the individual used or exhibited the deadly weapon or was aparty to the offense and knew that a deadly weapon would be usedor exhibited; or(2)the individual has previously been finally convicted of anyfelony:(A)under Section 21.02 or listed in Section 3g(a)(1), Article42.12, Code of Criminal Procedure; or(B)for which the judgment contains an affirmative finding underSection 3g(a)(2), Article 42.12, Code of Criminal Procedure.Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,1994.Amended by:Acts 2007, 80th Leg., R.S., Ch.593, Sec. 3.48, eff. September 1, 2007.SUBCHAPTER D. EXCEPTIONAL SENTENCESSec. 12.41.CLASSIFICATION OF OFFENSES OUTSIDE THIS CODE.Forpurposes of this subchapter, any conviction not obtained from aprosecution under this code shall be classified as follows:(1)"felony of the third degree" if imprisonment in the TexasDepartment of Criminal Justice or another penitentiary is affixedto the offense as a possible punishment;(2)"Class B misdemeanor" if the offense is not a felony andconfinement in a jail is affixed to the offense as a possiblepunishment;(3)"Class C misdemeanor" if the offense is punishable by fineonly.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, Sec. 25.149, eff. September 1, 2009.Sec. 12.42.PENALTIES FOR REPEAT AND HABITUAL FELONY OFFENDERS.(a)(1) If it is shown on the trial of a state jail felonypunishable under Section 12.35(a) that the defendant haspreviously been finally convicted of two state jail felonies, onconviction the defendant shall be punished for a third-degreefelony.(2)If it is shown on the trial of a state jail felonypunishable under Section 12.35(a) that the defendant haspreviously been finally convicted of two felonies, and the secondprevious felony conviction is for an offense that occurredsubsequent to the first previous conviction having become final,on conviction the defendant shall be punished for a second-degreefelony.(3)Except as provided by Subsection (c)(2), if it is shown onthe trial of a state jail felony punishable under Section12.35(c) or on the trial of a third-degree felony that thedefendant has been once before convicted of a felony, onconviction he shall be punished for a second-degree felony.(b)Except as provided by Subsection (c)(2), if it is shown onthe trial of a second-degree felony that the defendant has beenonce before convicted of a felony, on conviction he shall bepunished for a first-degree felony.(c)(1)If it is shown on the trial of a first-degree felony thatthe defendant has been once before convicted of a felony, onconviction he shall be punished by imprisonment in the TexasDepartment of Criminal Justice for life, or for any term of notmore than 99 years or less than 15 years.In addition toimprisonment, an individual may be punished by a fine not toexceed $10,000.(2)Notwithstanding Subdivision (1), a defendant shall bepunished by imprisonment in the Texas Department of CriminalJustice for life if:(A)the defendant is convicted of an offense:(i)under Section 21.11(a)(1), 22.021, or 22.011, Penal Code;(ii)under Section 20.04(a)(4), Penal Code, if the defendantcommitted the offense with the intent to violate or abuse thevictim sexually; or(iii)under Section 30.02, Penal Code, punishable underSubsection (d) of that section, if the defendant committed theoffense with the intent to commit a felony described bySubparagraph (i) or (ii) or a felony under Section 21.11, PenalCode; and(B)the defendant has been previously convicted of an offense:(i)under Section 43.25 or 43.26, Penal Code, or an offenseunder Section 43.23, Penal Code, punishable under Subsection (h)of that section;(ii)under Section 21.02, 21.11, 22.011, 22.021, or 25.02, PenalCode;(iii)under Section 20.04(a)(4), Penal Code, if the defendantcommitted the offense with the intent to violate or abuse thevictim sexually;(iv)under Section 30.02, Penal Code, punishable underSubsection (d) of that section, if the defendant committed theoffense with the intent to commit a felony described bySubparagraph (ii) or (iii); or(v)under the laws of another state containing elements that aresubstantially similar to the elements of an offense listed inSubparagraph (i), (ii), (iii), or (iv).(3)Notwithstanding Subdivision (1) or (2), a defendant shall bepunished for a capital felony if it is shown on the trial of anoffense under Section 22.021 otherwise punishable underSubsection (f) of that section that the defendant has previouslybeen finally convicted of:(A)an offense under Section22.021 that was committed againsta victim described by Section 22.021(f)(1) or was committedagainst a victim described by Section 22.021(f)(2) and in amanner described by Section 22.021(a)(2)(A); or(B)an offense that was committed under the laws of anotherstate that:(i)contains elements that are substantially similar to theelements of an offense under Section 22.021; and(ii)was committed against a victim described by Section22.021(f)(1) or was committed against a victim described bySection 22.021(f)(2) and in a manner substantially similar to amanner described by Section 22.021(a)(2)(A).(4)Notwithstanding Subdivision (1) or (2), a defendant shall bepunished by imprisonment in the Texas Department of CriminalJustice for life without parole if it is shown on the trial of anoffense under Section 21.02 that the defendant has previouslybeen finally convicted of:(A)an offense under Section 21.02; or(B)an offense that was committed under the laws of anotherstate and that contains elements that are substantially similarto the elements of an offense under Section 21.02.(d)Except as provided by Subsection (c)(2), if it is shown onthe trial of a felony offense other than a state jail felonypunishable under Section 12.35(a) that the defendant haspreviously been finally convicted of two felony offenses, and thesecond previous felony conviction is for an offense that occurredsubsequent to the first previous conviction having become final,on conviction he shall be punished by imprisonment in the TexasDepartment of Criminal Justice for life, or for any term of notmore than 99 years or less than 25 years.(e)A previous conviction for a state jail felony punished underSection 12.35(a) may not be used for enhancement purposes underSubsection (b), (c), or (d).(f)For the purposes of Subsections (a), (b), (c)(1), and (e),an adjudication by a juvenile court under Section 54.03, FamilyCode, that a child engaged in delinquent conduct on or afterJanuary 1, 1996, constituting a felony offense for which thechild is committed to the Texas Youth Commission under Section54.04(d)(2), (d)(3), or (m), Family Code, or Section 54.05(f),Family Code, is a final felony conviction.(g)For the purposes of Subsection (c)(2):(1)a defendant has been previously convicted of an offenselisted under Subsection (c)(2)(B) if the defendant was adjudgedguilty of the offense or entered a plea of guilty or nolocontendere in return for a grant of deferred adjudication,regardless of whether the sentence for the offense was everimposed or whether the sentence was probated and the defendantwas subsequently discharged from community supervision; and(2)a conviction under the laws of another state for an offensecontaining elements that are substantially similar to theelements of an offense listed under Subsection (c)(2)(B) is aconviction of an offense listed under Subsection (c)(2)(B).Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.Amended by Acts 1983, 68th Leg., p. 1750, ch. 339, Sec. 1, eff.Sept. 1, 1983; Acts 1985, 69th Leg., ch. 582, Sec. 1, eff. Sept.1, 1985; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,1994; Acts 1995, 74th Leg., ch. 250, Sec. 1, eff. Sept. 1, 1995;Acts 1995, 74th Leg., ch. 262, Sec. 78, eff. Jan. 1, 1996; Acts1995, 74th Leg., ch. 318, Sec. 1, eff. Jan. 1, 1996; Acts 1997,75th Leg., ch. 665, Sec. 1, 2, eff. Sept. 1, 1997; Acts 1997,75th Leg., ch. 667, Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76thLeg., ch. 62, Sec. 15.01, eff. Sept. 1, 1999; Acts 2003, 78thLeg., ch. 283, Sec. 53, eff. Sept. 1, 2003; Acts 2003, 78th Leg.,ch. 1005, Sec. 2, eff. Sept. 1, 2003.Amended by:Acts 2007, 80th Leg., R.S., Ch.340, Sec. 1, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch.340, Sec. 2, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch.340, Sec. 3, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch.340, Sec. 4, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch.593, Sec. 1.14, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch.593, Sec. 1.15, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch.593, Sec. 1.16, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch.87, Sec. 25.150, eff. September 1, 2009.Sec. 12.43.PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOROFFENDERS.(a)If it is shown on the trial of a Class Amisdemeanor that the defendant has been before convicted of aClass A misdemeanor or any degree of felony, on conviction heshall be punished by:(1)a fine not to exceed $4,000;(2)confinement in jail for any term of not more than one yearor less than 90 days; or(3)both such fine and confinement.(b)If it is shown on the trial of a Class B misdemeanor thatthe defendant has been before convicted of a Class A or Class Bmisdemeanor or any degree of felony, on conviction he shall bepunished by:(1)a fine not to exceed $2,000;(2)confinement in jail for any term of not more than 180 daysor less than 30 days; or(3)both such fine and confinement.(c)If it is shown on the trial of an offense punishable as aClass C misdemeanor under Section 42.01 or 49.02 that thedefendant has been before convicted under either of thosesections three times or three times for any combination of thoseoffenses and each prior offense was committed in the 24 monthspreceding the date of commission of the instant offense, thedefendant 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 specificenhancement provision increasing punishment for a defendant whohas previously been convicted of the offense, the specificenhancement 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.Sec. 12.44.REDUCTION OF STATE JAIL FELONY PUNISHMENT TOMISDEMEANOR PUNISHMENT.(a)A court may punish a defendant whois convicted of a state jail felony by imposing the confinementpermissible as punishment for a Class A misdemeanor if, afterconsidering the gravity and circumstances of the felony committedand the history, character, and rehabilitative needs of thedefendant, the court finds that such punishment would best servethe ends of justice.(b)At the request of the prosecuting attorney, the court mayauthorize the prosecuting attorney to prosecute a state jailfelony 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, Sec. 1, eff. September 1, 2005.Sec. 12.45.ADMISSION OF UNADJUDICATED OFFENSE.(a)A personmay, with the consent of the attorney for the state, admit duringthe sentencing hearing his guilt of one or more unadjudicatedoffenses and request the court to take each into account indetermining sentence for the offense or offenses of which hestands adjudged guilty.(b)Before a court may take into account an admitted offenseover which exclusive venue lies in another county or district,the court must obtain permission from the prosecuting attorneywith 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.Sec. 12.46.USE OF PRIOR CONVICTIONS.The use of a convictionfor enhancement purposes shall not preclude the subsequent use ofsuch 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.Sec. 12.47.PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS ORPREJUDICE.(a)If an affirmative finding under Article 42.014,Code of Criminal Procedure, is made in the trial of an offenseother than a first degree felony or a Class A misdemeanor, thepunishment for the offense is increased to the punishmentprescribed for the next highest category of offense. If theoffense is a Class A misdemeanor, the minimum term of confinementfor the offense is increased to 180 days. This section does notapply to the trial of an offense of injury to a disabledindividual under Sec. 22.04, if the affirmative finding in thecase under Article 42.014, Code of Criminal Procedure, shows thatthe defendant intentionally selected the victim because thevictim was disabled.(b)The attorney general, if requested to do so by a prosecutingattorney, may assist the prosecuting attorney in theinvestigation or prosecution of an offense committed because ofbias or prejudice. The attorney general shall designate oneindividual in the division of the attorney general's office thatassists in the prosecution of criminal cases to coordinateresponses 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.Sec. 12.48.CERTAIN OFFENSES RESULTING IN LOSS TO NURSING ANDCONVALESCENT HOMES.If it is shown on the trial of an offenseunder Chapter 31 or 32 that, as a result of a loss incurredbecause of the conduct charged, a trustee was appointed andemergency assistance funds, other than funds used to pay theexpenses of the trustee, were used for a nursing or convalescenthome under Subchapter D, Chapter 242, Health and Safety Code, thepunishment for the offense is increased to the punishmentprescribed for the next higher category of offense except that afelony of the first degree is punished as a felony of the firstdegree.Added by Acts 1999, 76th Leg., ch. 439, Sec. 4, eff. Sept. 1,1999.Sec. 12.49.PENALTY IF CONTROLLED SUBSTANCE USED TO COMMITOFFENSE.If the court makes an affirmative finding under Article42.012, Code of Criminal Procedure, in the punishment phase ofthe trial of an offense under Chapter 29, Chapter 31, or Title 5,other than a first degree felony or a Class A misdemeanor, thepunishment for the offense is increased to the punishmentprescribed for the next highest category of offense. If theoffense is a Class A misdemeanor, the minimum term of confinementfor 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 Acts2001, 77th Leg., ch. 1420, Sec. 21.001(93), 21.002(15), eff.Sept. 1, 2001.Sec. 12.50.PENALTY IF OFFENSE COMMITTED IN DISASTER AREA OREVACUATED AREA.(a)Subject to Subsection (c), the punishmentfor an offense described by Subsection (b) is increased to thepunishment prescribed for the next higher category of offense ifit is shown on the trial of the offense that the offense wascommitted 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 politicalsubdivision under Section 418.108, Government Code; or(2)subject to an emergency evacuation order.(b)The increase in punishment authorized by this sectionapplies only to an offense under:(1)Section 22.01;(2)Section 29.02;(3)Section 30.02; and(4)Section 31.03.(c)If an offense listed under Subsection (b)(1) or (4) ispunishable as a Class A misdemeanor, the minimum term ofconfinement for the offense is increased to 180 days.If anoffense listed under Subsection (b)(3) or (4) is punishable as afelony of the first degree, the punishment for that offense maynot be increased under this section.(d)It is a defense to a charge under Subsection (b)(4) that theconduct in question meets the elements of necessity outlined inSection 9.22.(e)For purposes of this section, "emergency evacuation order"means an official statement issued by the governing body of thisstate or a political subdivision of this state to recommend orrequire the evacuation of all or part of the population of anarea stricken or threatened with a disaster.Added by Acts 2009, 81st Leg., R.S., Ch.731, Sec. 1, eff. September 1, 2009.SUBCHAPTER E. CORPORATIONS AND ASSOCIATIONSSec. 12.51.AUTHORIZED PUNISHMENTS FOR CORPORATIONS ANDASSOCIATIONS.(a)If a corporation or association is adjudgedguilty of an offense that provides a penalty consisting of a fineonly, a court may sentence the corporation or association to paya fine in an amount fixed by the court, not to exceed the fineprovided by the offense.(b)If a corporation or association is adjudged guilty of anoffense that provides a penalty including imprisonment, or thatprovides no specific penalty, a court may sentence thecorporation or association to pay a fine in an amount fixed bythe 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 felonyor Class A misdemeanor, an individual suffers serious bodilyinjury 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 orassociation gained money or property or caused personal injury ordeath, property damage, or other loss through the commission of afelony or Class A or Class B misdemeanor, the court may sentencethe corporation or association to pay a fine in an amount fixedby the court, not to exceed double the amount gained or caused bythe corporation or association to be lost or damaged, whicheveris greater.(d)In addition to any sentence that may be imposed by thissection, a corporation or association that has been adjudgedguilty of an offense may be ordered by the court to give noticeof the conviction to any person the court deems appropriate.(e)On conviction of a corporation or association, the courtshall notify the attorney general of that fact.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.
Loading...
  • Play
  • Pause
  • Volume:
  • Mute
  • Half
  • Max
  • PENAL CODE

    TITLE 3. PUNISHMENTS

    CHAPTER 12. PUNISHMENTS

    SUBCHAPTER A. GENERAL PROVISIONS

    Sec. 12.01. PUNISHMENT IN ACCORDANCE WITH CODE. (a) A person

    adjudged guilty of an offense under this code shall be punished

    in accordance with this chapter and the Code of Criminal

    Procedure.

    (b) Penal laws enacted after the effective date of this code

    shall be classified for punishment purposes in accordance with

    this chapter.

    (c) This chapter does not deprive a court of authority conferred

    by law to forfeit property, dissolve a corporation, suspend or

    cancel a license or permit, remove a person from office, cite for

    contempt, or impose any other civil penalty. The civil penalty

    may be included in the sentence.

    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.

    Sec. 12.02. CLASSIFICATION OF OFFENSES. Offenses are designated

    as felonies or misdemeanors.

    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.

    Sec. 12.03. CLASSIFICATION OF MISDEMEANORS. (a) Misdemeanors

    are classified according to the relative seriousness of the

    offense into three categories:

    (1) Class A misdemeanors;

    (2) Class B misdemeanors;

    (3) Class C misdemeanors.

    (b) An offense designated a misdemeanor in this code without

    specification as to punishment or category is a Class C

    misdemeanor.

    (c) Conviction of a Class C misdemeanor does not impose any

    legal disability or disadvantage.

    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.

    Sec. 12.04. CLASSIFICATION OF FELONIES. (a) Felonies are

    classified according to the relative seriousness of the offense

    into five categories:

    (1) capital felonies;

    (2) felonies of the first degree;

    (3) felonies of the second degree;

    (4) felonies of the third degree; and

    (5) state jail felonies.

    (b) An offense designated a felony in this code without

    specification as to category is a state jail felony.

    Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

    Amended by Acts 1973, 63rd Leg., p. 1125, ch. 426, art. 2, Sec.

    3, eff. Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,

    eff. Sept. 1, 1994.

    SUBCHAPTER B. ORDINARY MISDEMEANOR PUNISHMENTS

    Sec. 12.21. CLASS A MISDEMEANOR. An individual adjudged guilty

    of a Class A misdemeanor shall be punished by:

    (1) a fine not to exceed $4,000;

    (2) confinement in jail for a term not to exceed one year; or

    (3) both such fine and confinement.

    Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

    Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1,

    1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

    1994.

    Sec. 12.22. CLASS B MISDEMEANOR. An individual adjudged guilty

    of a Class B misdemeanor 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.

    Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

    Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1,

    1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

    1994.

    Sec. 12.23. CLASS C MISDEMEANOR. An individual adjudged guilty

    of a Class C misdemeanor shall be punished by a fine not to

    exceed $500.

    Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

    Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1,

    1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

    1994.

    SUBCHAPTER C. ORDINARY FELONY PUNISHMENTS

    Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged guilty

    of a capital felony in a case in which the state seeks the death

    penalty shall be punished by imprisonment in the Texas Department

    of Criminal Justice for life without parole or by death. An

    individual adjudged guilty of a capital felony in a case in which

    the state does not seek the death penalty shall be punished by

    imprisonment in the Texas Department of Criminal Justice for:

    (1) life, if the individual's case was transferred to the court

    under Section 54.02, Family Code; or

    (2) life without parole.

    (b) In a capital felony trial in which the state seeks the death

    penalty, prospective jurors shall be informed that a sentence of

    life imprisonment without parole or death is mandatory on

    conviction of a capital felony. In a capital felony trial in

    which the state does not seek the death penalty, prospective

    jurors shall be informed that the state is not seeking the death

    penalty and that:

    (1) a sentence of life imprisonment is mandatory on conviction

    of the capital felony, if the case was transferred to the court

    under Section 54.02, Family Code; or

    (2) a sentence of life imprisonment without parole is mandatory

    on conviction of the capital felony.

    Added by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, Sec. 2,

    eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 652, Sec.

    12, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 838, Sec. 4,

    eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,

    eff. Sept. 1, 1994.

    Amended by:

    Acts 2005, 79th Leg., Ch.

    787, Sec. 1, eff. September 1, 2005.

    Acts 2009, 81st Leg., R.S., Ch.

    87, Sec. 25.145, eff. September 1, 2009.

    Acts 2009, 81st Leg., R.S., Ch.

    765, Sec. 1, eff. September 1, 2009.

    Sec. 12.32. FIRST DEGREE FELONY PUNISHMENT. (a) An individual

    adjudged guilty of a felony of the first degree shall be punished

    by imprisonment in the Texas Department of Criminal Justice for

    life or for any term of not more than 99 years or less than 5

    years.

    (b) In addition to imprisonment, an individual adjudged guilty

    of a felony of the first degree may be punished by a fine not to

    exceed $10,000.

    Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

    Renumbered from Penal Code Sec. 12.31 by Acts 1973, 63rd Leg., p.

    1124, ch. 426, art. 2, Sec. 2, eff. Jan. 1, 1974. Amended by Acts

    1979, 66th Leg., p. 1058, ch. 488, Sec. 1, eff. Sept. 1, 1979;

    Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    87, Sec. 25.146, eff. September 1, 2009.

    Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) An individual

    adjudged guilty of a felony of the second degree shall be

    punished by imprisonment in the Texas Department of Criminal

    Justice for any term of not more than 20 years or less than 2

    years.

    (b) In addition to imprisonment, an individual adjudged guilty

    of a felony of the second degree may be punished by a fine not to

    exceed $10,000.

    Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

    Renumbered from Penal Code Sec. 12.32 by Acts 1973, 63rd Leg., p.

    1124, ch. 426, art. 2, Sec. 2, 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, Sec. 25.147, eff. September 1, 2009.

    Sec. 12.34. THIRD DEGREE FELONY PUNISHMENT. (a) An individual

    adjudged guilty of a felony of the third degree shall be punished

    by imprisonment in the Texas Department of Criminal Justice for

    any term of not more than 10 years or less than 2 years.

    (b) In addition to imprisonment, an individual adjudged guilty

    of a felony of the third degree may be punished by a fine not to

    exceed $10,000.

    Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

    Renumbered from Penal Code Sec. 12.33 by Acts 1973, 63rd Leg., p.

    1124, ch. 426, art. 2, Sec. 2, eff. Jan. 1,1974. Amended by Acts

    1989, 71st Leg., ch. 785, Sec. 4.01, eff. Sept. 1, 1989; Acts

    1990, 71st Leg., 6th C.S., ch. 25, Sec. 7, eff. June 18, 1990;

    Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    87, Sec. 25.148, eff. September 1, 2009.

    Sec. 12.35. STATE JAIL FELONY PUNISHMENT. (a) Except as

    provided by Subsection (c), an individual adjudged guilty of a

    state jail felony shall be punished by confinement in a state

    jail for any term of not more than two years or less than 180

    days.

    (b) In addition to confinement, an individual adjudged guilty of

    a state jail felony may be punished by a fine not to exceed

    $10,000.

    (c) An individual adjudged guilty of a state jail felony shall

    be punished for a third degree felony if it is shown on the trial

    of the offense that:

    (1) a deadly weapon as defined by Section 1.07 was used or

    exhibited during the commission of the offense or during

    immediate flight following the commission of the offense, and

    that the individual used or exhibited the deadly weapon or was a

    party to the offense and knew that a deadly weapon would be used

    or exhibited; or

    (2) the individual has previously been finally convicted of any

    felony:

    (A) under Section 21.02 or listed in Section 3g(a)(1), Article

    42.12, Code of Criminal Procedure; or

    (B) for which the judgment contains an affirmative finding under

    Section 3g(a)(2), Article 42.12, Code of Criminal Procedure.

    Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

    1994.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    593, Sec. 3.48, eff. September 1, 2007.

    SUBCHAPTER D. EXCEPTIONAL SENTENCES

    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, Sec. 25.149, eff. September 1, 2009.

    Sec. 12.42. PENALTIES FOR REPEAT AND HABITUAL FELONY OFFENDERS.

    (a)(1) 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, on

    conviction the defendant shall be punished for a third-degree

    felony.

    (2) 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, 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 second-degree

    felony.

    (3) Except as provided by Subsection (c)(2), if it is shown on

    the trial of a state jail felony punishable under Section

    12.35(c) or on the trial of a third-degree felony that the

    defendant has been once before convicted of a felony, on

    conviction he shall be punished for a second-degree felony.

    (b) Except as provided by Subsection (c)(2), if it is shown on

    the trial of a second-degree felony that the defendant has been

    once before convicted of a felony, on conviction he shall be

    punished for a first-degree felony.

    (c)(1) If it is shown on the trial of a first-degree felony that

    the defendant has been once before convicted of a felony, on

    conviction he shall be punished by imprisonment in the Texas

    Department of Criminal Justice for life, or for any term of not

    more than 99 years or less than 15 years. In addition to

    imprisonment, an individual may be punished by a fine not to

    exceed $10,000.

    (2) Notwithstanding Subdivision (1), a defendant shall be

    punished by imprisonment in the Texas Department of Criminal

    Justice for life if:

    (A) the defendant is convicted of an offense:

    (i) under Section 21.11(a)(1), 22.021, or 22.011, Penal Code;

    (ii) under Section 20.04(a)(4), Penal Code, if the defendant

    committed the offense with the intent to violate or abuse the

    victim sexually; or

    (iii) under Section 30.02, Penal Code, punishable under

    Subsection (d) of that section, if the defendant committed the

    offense with the intent to commit a felony described by

    Subparagraph (i) or (ii) or a felony under Section 21.11, Penal

    Code; and

    (B) the defendant has been previously convicted of an offense:

    (i) under Section 43.25 or 43.26, Penal Code, or an offense

    under Section 43.23, Penal Code, punishable under Subsection (h)

    of that section;

    (ii) under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal

    Code;

    (iii) under Section 20.04(a)(4), Penal Code, if the defendant

    committed the offense with the intent to violate or abuse the

    victim sexually;

    (iv) under Section 30.02, Penal Code, punishable under

    Subsection (d) of that section, if the defendant committed the

    offense with the intent to commit a felony described by

    Subparagraph (ii) or (iii); or

    (v) under the laws of another state containing elements that are

    substantially similar to the elements of an offense listed in

    Subparagraph (i), (ii), (iii), or (iv).

    (3) Notwithstanding Subdivision (1) or (2), a defendant shall be

    punished for a capital felony if it is shown on the trial of an

    offense under Section 22.021 otherwise punishable under

    Subsection (f) of that section that the defendant has previously

    been finally convicted of:

    (A) an offense under Section 22.021 that was committed against

    a victim described by Section 22.021(f)(1) or was committed

    against a victim described by Section 22.021(f)(2) and in a

    manner described by Section 22.021(a)(2)(A); or

    (B) an offense that was committed under the laws of another

    state that:

    (i) contains elements that are substantially similar to the

    elements of an offense under Section 22.021; and

    (ii) was committed against a victim described by Section

    22.021(f)(1) or was committed against a victim described by

    Section 22.021(f)(2) and in a manner substantially similar to a

    manner described by Section 22.021(a)(2)(A).

    (4) Notwithstanding Subdivision (1) or (2), a defendant shall be

    punished by imprisonment in the Texas Department of Criminal

    Justice for life without parole if it is shown on the trial of an

    offense under Section 21.02 that the defendant has previously

    been finally convicted of:

    (A) an offense under Section 21.02; or

    (B) an offense that was committed under the laws of another

    state and that contains elements that are substantially similar

    to the elements of an offense under Section 21.02.

    (d) Except as provided by Subsection (c)(2), if it is shown on

    the trial of a felony offense other than a state jail felony

    punishable under Section 12.35(a) that the defendant has

    previously been finally convicted of two felony offenses, and the

    second previous felony conviction is for an offense that occurred

    subsequent to the first previous conviction having become final,

    on conviction he shall be punished by imprisonment in the Texas

    Department of Criminal Justice for life, or for any term of not

    more than 99 years or less than 25 years.

    (e) A previous conviction for a state jail felony punished under

    Section 12.35(a) may not be used for enhancement purposes under

    Subsection (b), (c), or (d).

    (f) For the purposes of Subsections (a), (b), (c)(1), and (e),

    an adjudication by a juvenile court under Section 54.03, Family

    Code, that a child engaged in delinquent conduct on or after

    January 1, 1996, constituting a felony offense for which the

    child is committed to the Texas Youth Commission under Section

    54.04(d)(2), (d)(3), or (m), Family Code, or Section 54.05(f),

    Family Code, is a final felony conviction.

    (g) For the purposes of Subsection (c)(2):

    (1) a defendant has been previously convicted of an offense

    listed under Subsection (c)(2)(B) if the defendant was adjudged

    guilty of the offense or entered a plea of guilty or nolo

    contendere in return for a grant of deferred adjudication,

    regardless of whether the sentence for the offense was ever

    imposed or whether the sentence was probated and the defendant

    was subsequently discharged from community supervision; and

    (2) a conviction under the laws of another state for an offense

    containing elements that are substantially similar to the

    elements of an offense listed under Subsection (c)(2)(B) is a

    conviction of an offense listed under Subsection (c)(2)(B).

    Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

    Amended by Acts 1983, 68th Leg., p. 1750, ch. 339, Sec. 1, eff.

    Sept. 1, 1983; Acts 1985, 69th Leg., ch. 582, Sec. 1, eff. Sept.

    1, 1985; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

    1994; Acts 1995, 74th Leg., ch. 250, Sec. 1, eff. Sept. 1, 1995;

    Acts 1995, 74th Leg., ch. 262, Sec. 78, eff. Jan. 1, 1996; Acts

    1995, 74th Leg., ch. 318, Sec. 1, eff. Jan. 1, 1996; Acts 1997,

    75th Leg., ch. 665, Sec. 1, 2, eff. Sept. 1, 1997; Acts 1997,

    75th Leg., ch. 667, Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76th

    Leg., ch. 62, Sec. 15.01, eff. Sept. 1, 1999; Acts 2003, 78th

    Leg., ch. 283, Sec. 53, eff. Sept. 1, 2003; Acts 2003, 78th Leg.,

    ch. 1005, Sec. 2, eff. Sept. 1, 2003.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    340, Sec. 1, eff. September 1, 2007.

    Acts 2007, 80th Leg., R.S., Ch.

    340, Sec. 2, eff. September 1, 2007.

    Acts 2007, 80th Leg., R.S., Ch.

    340, Sec. 3, eff. September 1, 2007.

    Acts 2007, 80th Leg., R.S., Ch.

    340, Sec. 4, eff. September 1, 2007.

    Acts 2007, 80th Leg., R.S., Ch.

    593, Sec. 1.14, eff. September 1, 2007.

    Acts 2007, 80th Leg., R.S., Ch.

    593, Sec. 1.15, eff. September 1, 2007.

    Acts 2007, 80th Leg., R.S., Ch.

    593, Sec. 1.16, eff. September 1, 2007.

    Acts 2009, 81st Leg., R.S., Ch.

    87, Sec. 25.150, eff. September 1, 2009.

    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.

    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, Sec. 1, eff. September 1, 2005.

    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.

    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.

    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 Sec. 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.

    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.

    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.

    Sec. 12.50. PENALTY IF OFFENSE COMMITTED IN DISASTER AREA OR

    EVACUATED AREA. (a) Subject to Subsection (c), 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 22.01;

    (2) Section 29.02;

    (3) Section 30.02; and

    (4) Section 31.03.

    (c) If an offense listed under Subsection (b)(1) or (4) is

    punishable as a Class A misdemeanor, the minimum term of

    confinement for the offense is increased to 180 days. If an

    offense listed under Subsection (b)(3) or (4) is punishable as a

    felony of the first degree, the punishment for that offense may

    not be increased under this section.

    (d) It is a defense to a charge under Subsection (b)(4) that the

    conduct in question meets the elements of necessity outlined in

    Section 9.22.

    (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, Sec. 1, eff. September 1, 2009.

    SUBCHAPTER E. CORPORATIONS AND ASSOCIATIONS

    Sec. 12.51. AUTHORIZED PUNISHMENTS FOR CORPORATIONS AND

    ASSOCIATIONS. (a) If a corporation or association is adjudged

    guilty of an offense that provides a penalty consisting of a fine

    only, a court may sentence the corporation or association to pay

    a fine in an amount fixed by the court, not to exceed the fine

    provided by the offense.

    (b) If a corporation or association is adjudged guilty of an

    offense that provides a penalty including imprisonment, or that

    provides no specific penalty, a court may sentence the

    corporation or association 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 or

    association 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 or association to pay a fine in an amount fixed

    by the court, not to exceed double the amount gained or caused by

    the corporation or association to be lost or damaged, whichever

    is greater.

    (d) In addition to any sentence that may be imposed by this

    section, a corporation or association 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 or association, the court

    shall notify the attorney general of that fact.

    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.

    Texas Forms by Issue

    Texas Court Forms
    > Criminal
    > Civil (District)
    Texas Divorce Forms
    Texas Family Forms
    Texas Tax Forms

    Texas Law

    Texas State Laws
        > Hazelwood Act
        > Texas Attorney General Child Support
        > Texas Child Support
        > Texas Child Support Interactive
        > Texas Penal Code
        > Texas Statutes
    Texas State
        > Food Stamps Texas
        > Texas Cities
        > Texas State
        > Texas Zip Codes
    Texas Tax
        > Texas Franchise Tax
        > Texas Sales Tax
        > Texas State Tax
    Texas Court
        > Lawrence v. Texas
        > Texas Attorney General
        > Texas Public Records
        > Texas Supreme Court
        > Texas v. Johnson
    Texas Labor Laws
        > Minimum Wage in Texas
        > Texas Unemployment
        > Texas Unemployment Benefits
    Texas Agencies
        > Better Business Bureau Texas
        > Texas Commission on Fire Protection
        > Texas Department of Criminal Justice
        > Texas Department of Education
        > Texas Department of Health
        > Texas Department of Health and Human Services
        > Texas Department of Insurance
        > Texas Department of Licensing and Regulation
        > Texas Department of State Health Services
        > Texas Department of Transportation
        > Texas DMV
        > Texas Film Commission
        > Texas Historical Commission
        > Texas Legislature
        > Texas Medicaid
        > Texas Real Estate Commission
        > Texas Secretary of State
        > Texas Secretary of State Corporations
        > Texas State Board of Public Accountancy
        > Texas Workforce Commssion

    Texas Court Map

    Tips