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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
institutional division 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 institutional division for 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 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; Acts 2005, 79th Leg., ch. 787, Sec. 1, eff. Sept. 1, 2005.
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 institutional division
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
V.T.C.A., 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.
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 institutional
division 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
V.T.C.A., 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.
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 institutional division
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
V.T.C.A., 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.
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) 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.
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 a 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.
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) 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) 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) Except as provided by Subdivision (2), 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 institutional division of 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) A defendant shall be punished by imprisonment in the institutional division for life if:
(A) the defendant is convicted of an offense:
(i) under Section 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 or 22.011, 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 21.11, 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).
(d) 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 institutional division of 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.
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; Acts
2005, 79th Leg., ch. 1276, Sec. 1, eff. Sept. 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
V.T.C.A., 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.
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.
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
institutional division 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 institutional division for 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 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; Acts 2005, 79th Leg., ch. 787, Sec. 1, eff. Sept. 1, 2005.
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 institutional division
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
V.T.C.A., 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.
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 institutional
division 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
V.T.C.A., 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.
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 institutional division
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
V.T.C.A., 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.
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) 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.
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 a 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.
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) 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) 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) Except as provided by Subdivision (2), 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 institutional division of 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) A defendant shall be punished by imprisonment in the institutional division for life if:
(A) the defendant is convicted of an offense:
(i) under Section 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 or 22.011, 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 21.11, 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).
(d) 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 institutional division of 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.
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; Acts
2005, 79th Leg., ch. 1276, Sec. 1, eff. Sept. 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
V.T.C.A., 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.
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.