CHAPTER 1. GENERAL PROVISIONS

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PENAL CODE

TITLE 1. INTRODUCTORY PROVISIONS

CHAPTER 1. GENERAL PROVISIONS

Sec. 1.01. SHORT TITLE. This code shall be known and may be

cited as the Penal Code.

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. 1.02. OBJECTIVES OF CODE. The general purposes of this

code are to establish a system of prohibitions, penalties, and

correctional measures to deal with conduct that unjustifiably and

inexcusably causes or threatens harm to those individual or

public interests for which state protection is appropriate. To

this end, the provisions of this code are intended, and shall be

construed, to achieve the following objectives:

(1) to insure the public safety through:

(A) the deterrent influence of the penalties hereinafter

provided;

(B) the rehabilitation of those convicted of violations of this

code; and

recurrence of criminal behavior;

(2) by definition and grading of offenses to give fair warning

of what is prohibited and of the consequences of violation;

(3) to prescribe penalties that are proportionate to the

seriousness of offenses and that permit recognition of

differences in rehabilitation possibilities among individual

offenders;

(4) to safeguard conduct that is without guilt from condemnation

as criminal;

(5) to guide and limit the exercise of official discretion in

law enforcement to prevent arbitrary or oppressive treatment of

persons suspected, accused, or convicted of offenses; and

(6) to define the scope of state interest in law enforcement

against specific offenses and to systematize the exercise of

state criminal jurisdiction.

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. 1.03. EFFECT OF CODE. (a) Conduct does not constitute an

offense unless it is defined as an offense by statute, municipal

ordinance, order of a county commissioners court, or rule

authorized by and lawfully adopted under a statute.

(b) The provisions of Titles 1, 2, and 3 apply to offenses

defined by other laws, unless the statute defining the offense

provides otherwise; however, the punishment affixed to an offense

defined outside this code shall be applicable unless the

punishment is classified in accordance with this code.

or liability to damages, penalty, forfeiture, or other remedy

authorized by law to be recovered or enforced in a civil suit for

conduct this code defines as an offense, and the civil injury is

not merged in the 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.

Sec. 1.04. TERRITORIAL JURISDICTION. (a) This state has

jurisdiction over an offense that a person commits by his own

conduct or the conduct of another for which he is criminally

responsible if:

(1) either the conduct or a result that is an element of the

offense occurs inside this state;

(2) the conduct outside this state constitutes an attempt to

commit an offense inside this state;

(3) the conduct outside this state constitutes a conspiracy to

commit an offense inside this state, and an act in furtherance of

the conspiracy occurs inside this state; or

(4) the conduct inside this state constitutes an attempt,

solicitation, or conspiracy to commit, or establishes criminal

responsibility for the commission of, an offense in another

jurisdiction that is also an offense under the laws of this

state.

(b) If the offense is criminal homicide, a "result" is either

the physical impact causing death or the death itself. If the

body of a criminal homicide victim is found in this state, it is

presumed that the death occurred in this state. If death alone is

the basis for jurisdiction, it is a defense to the exercise of

jurisdiction by this state that the conduct that constitutes the

offense is not made criminal in the jurisdiction where the

conduct occurred.

an actor by a statute of this state is committed inside this

state regardless of the location of the actor at the time of the

offense.

(d) This state includes the land and water and the air space

above the land and water over which this state has power to

define offenses.

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. 1.05. CONSTRUCTION OF CODE. (a) The rule that a penal

statute is to be strictly construed does not apply to this code.

The provisions of this code shall be construed according to the

fair import of their terms, to promote justice and effect the

objectives of the code.

(b) Unless a different construction is required by the context,

Sections 311.011, 311.012, 311.014, 311.015, and 311.021 through

311.032 of Chapter 311, Government Code (Code Construction Act),

apply to the construction of this code.

(1) a reference to a title, chapter, or section without further

identification is a reference to a title, chapter, or section of

this code; and

(2) a reference to a subchapter, subsection, subdivision,

paragraph, or other numbered or lettered unit without further

identification is a reference to a unit of the next-larger unit

of this code in which the reference appears.

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

Amended by Acts 1985, 69th Leg., ch. 479, Sec. 69, eff. Sept. 1,

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

1994.

Sec. 1.06. COMPUTATION OF AGE. A person attains a specified age

on the day of the anniversary of his birthdate.

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. 1.07. DEFINITIONS. (a) In this code:

(1) "Act" means a bodily movement, whether voluntary or

involuntary, and includes speech.

(2) "Actor" means a person whose criminal responsibility is in

issue in a criminal action. Whenever the term "suspect" is used

in this code, it means "actor."

(3) "Agency" includes authority, board, bureau, commission,

committee, council, department, district, division, and office.

(4) "Alcoholic beverage" has the meaning assigned by Section

1.04, Alcoholic Beverage Code.

(5) "Another" means a person other than the actor.

(6) "Association" means a government or governmental subdivision

or agency, trust, partnership, or two or more persons having a

joint or common economic interest.

(7) "Benefit" means anything reasonably regarded as economic

gain or advantage, including benefit to any other person in whose

welfare the beneficiary is interested.

(8) "Bodily injury" means physical pain, illness, or any

impairment of physical condition.

(9) "Coercion" means a threat, however communicated:

(A) to commit an offense;

(B) to inflict bodily injury in the future on the person

threatened or another;

(D) to expose a person to hatred, contempt, or ridicule;

(E) to harm the credit or business repute of any person; or

(F) to take or withhold action as a public servant, or to cause

a public servant to take or withhold action.

(10) "Conduct" means an act or omission and its accompanying

mental state.

(11) "Consent" means assent in fact, whether express or

apparent.

(12) "Controlled substance" has the meaning assigned by Section

481.002, Health and Safety Code.

(13) "Corporation" includes nonprofit corporations, professional

associations created pursuant to statute, and joint stock

companies.

(14) "Correctional facility" means a place designated by law for

the confinement of a person arrested for, charged with, or

convicted of a criminal offense. The term includes:

(A) a municipal or county jail;

(B) a confinement facility operated by the Texas Department of

Criminal Justice;

division of the Texas Department of Criminal Justice; and

(D) a community corrections facility operated by a community

supervision and corrections department.

(15) "Criminal negligence" is defined in Section 6.03 (Culpable

Mental States).

(16) "Dangerous drug" has the meaning assigned by Section

483.001, Health and Safety Code.

(17) "Deadly weapon" means:

(A) a firearm or anything manifestly designed, made, or adapted

for the purpose of inflicting death or serious bodily injury; or

(B) anything that in the manner of its use or intended use is

capable of causing death or serious bodily injury.

(18) "Drug" has the meaning assigned by Section 481.002, Health

and Safety Code.

(19) "Effective consent" includes consent by a person legally

authorized to act for the owner. Consent is not effective if:

(A) induced by force, threat, or fraud;

(B) given by a person the actor knows is not legally authorized

to act for the owner;

defect, or intoxication is known by the actor to be unable to

make reasonable decisions; or

(D) given solely to detect the commission of an offense.

(20) "Electric generating plant" means a facility that generates

electric energy for distribution to the public.

(21) "Electric utility substation" means a facility used to

switch or change voltage in connection with the transmission of

electric energy for distribution to the public.

(22) "Element of offense" means:

(A) the forbidden conduct;

(B) the required culpability;

(D) the negation of any exception to the offense.

(23) "Felony" means an offense so designated by law or

punishable by death or confinement in a penitentiary.

(24) "Government" means:

(A) the state;

(B) a county, municipality, or political subdivision of the

state; or

or political subdivision.

(25) "Harm" means anything reasonably regarded as loss,

disadvantage, or injury, including harm to another person in

whose welfare the person affected is interested.

(26) "Individual" means a human being who is alive, including an

unborn child at every stage of gestation from fertilization until

birth.

(27) Repealed by Acts 2009, 81st Leg., R.S., Ch. 87, Sec.

25.144, eff. September 1, 2009.

(28) "Intentional" is defined in Section 6.03 (Culpable Mental

States).

(29) "Knowing" is defined in Section 6.03 (Culpable Mental

States).

(30) "Law" means the constitution or a statute of this state or

of the United States, a written opinion of a court of record, a

municipal ordinance, an order of a county commissioners court, or

a rule authorized by and lawfully adopted under a statute.

(31) "Misdemeanor" means an offense so designated by law or

punishable by fine, by confinement in jail, or by both fine and

confinement in jail.

(32) "Oath" includes affirmation.

(33) "Official proceeding" means any type of administrative,

executive, legislative, or judicial proceeding that may be

conducted before a public servant.

(34) "Omission" means failure to act.

(35) "Owner" means a person who:

(A) has title to the property, possession of the property,

whether lawful or not, or a greater right to possession of the

property than the actor; or

(B) is a holder in due course of a negotiable instrument.

(36) "Peace officer" means a person elected, employed, or

appointed as a peace officer under Article 2.12, Code of Criminal

Procedure, Section 51.212 or 51.214, Education Code, or other

law.

(37) "Penal institution" means a place designated by law for

confinement of persons arrested for, charged with, or convicted

of an offense.

(38) "Person" means an individual, corporation, or association.

(39) "Possession" means actual care, custody, control, or

management.

(40) "Public place" means any place to which the public or a

substantial group of the public has access and includes, but is

not limited to, streets, highways, and the common areas of

schools, hospitals, apartment houses, office buildings, transport

facilities, and shops.

(41) "Public servant" means a person elected, selected,

appointed, employed, or otherwise designated as one of the

following, even if he has not yet qualified for office or assumed

his duties:

(A) an officer, employee, or agent of government;

(B) a juror or grand juror; or

law or private written agreement to hear or determine a cause or

controversy; or

(D) an attorney at law or notary public when participating in

the performance of a governmental function; or

(E) a candidate for nomination or election to public office; or

(F) a person who is performing a governmental function under a

claim of right although he is not legally qualified to do so.

(42) "Reasonable belief" means a belief that would be held by an

ordinary and prudent man in the same circumstances as the actor.

(43) "Reckless" is defined in Section 6.03 (Culpable Mental

States).

(44) "Rule" includes regulation.

(45) "Secure correctional facility" means:

(A) a municipal or county jail; or

(B) a confinement facility operated by or under a contract with

any division of the Texas Department of Criminal Justice.

(46) "Serious bodily injury" means bodily injury that creates a

substantial risk of death or that causes death, serious permanent

disfigurement, or protracted loss or impairment of the function

of any bodily member or organ.

(46-a) "Sight order" means a written or electronic instruction

to pay money that is authorized by the person giving the

instruction and that is payable on demand or at a definite time

by the person being instructed to pay. The term includes a

check, an electronic debit, or an automatic bank draft.

(47) "Swear" includes affirm.

(48) "Unlawful" means criminal or tortious or both and includes

what would be criminal or tortious but for a defense not

amounting to justification or privilege.

(49) "Death" includes, for an individual who is an unborn child,

the failure to be born alive.

(b) The definition of a term in this code applies to each

grammatical variation of the term.

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

Amended by Acts 1975, 64th Leg., p. 912, ch. 342, Sec. 1, eff.

Sept. 1, 1975; Acts 1977, 65th Leg., p. 2123, ch. 848, Sec. 1,

eff. Aug. 29, 1977; Acts 1979, 66th Leg., p. 1113, ch. 530, Sec.

1, eff. Aug. 27, 1979; Acts 1979, 66th Leg., p. 1520, ch. 655,

Sec. 1, eff. Sept. 1, 1979; Acts 1987, 70th Leg., ch. 167, Sec.

5.01(a)(43), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 997,

Sec. 1, eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 543, Sec.

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

eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 822, Sec. 2.01,

eff. Sept. 1, 2003.

Amended by:

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

87, Sec. 25.144, eff. September 1, 2009.

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

421, Sec. 1, eff. September 1, 2009.

Sec. 1.08. PREEMPTION. No governmental subdivision or agency

may enact or enforce a law that makes any conduct covered by this

code an offense subject to a criminal penalty. This section shall

apply only as long as the law governing the conduct proscribed by

this code is legally enforceable.

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. 1.09. CONCURRENT JURISDICTION UNDER THIS CODE TO PROSECUTE

OFFENSES THAT INVOLVE STATE PROPERTY. With the consent of the

appropriate local county or district attorney, the attorney

general has concurrent jurisdiction with that consenting local

prosecutor to prosecute under this code any offense an element of

which occurs on state property or any offense that involves the

use, unlawful appropriation, or misapplication of state property,

including state funds.

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

378, Sec. 1, eff. June 15, 2007.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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