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PENAL CODE
TITLE 4. INCHOATE OFFENSES
CHAPTER 15. PREPARATORY OFFENSES
Sec. 15.01. CRIMINAL ATTEMPT. (a) A person commits an offense if, with specific intent
to commit an offense, he does an act amounting to more than mere preparation that
tends but fails to effect the commission of the offense intended.
(b) If a person attempts an offense that may be aggravated, his conduct constitutes an
attempt to commit the aggravated offense if an element that aggravates the offense
accompanies the attempt.
(c) It is no defense to prosecution for criminal attempt that the offense attempted was
actually committed.
(d) An offense under this section is one category lower than the offense attempted, and
if the offense attempted is a state jail felony, the offense is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975,
64th Leg., p. 478, ch. 203, Sec. 4, eff. Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, Sec.
1.01, eff. Sept. 1, 1994.
Sec. 15.02. CRIMINAL CONSPIRACY. (a) A person commits criminal conspiracy if, with
intent that a felony be committed:
(1) he agrees with one or more persons that they or one or more of them engage in
conduct that would constitute the offense; and
(2) he or one or more of them performs an overt act in pursuance of the agreement.
(b) An agreement constituting a conspiracy may be inferred from acts of the parties.
(c) It is no defense to prosecution for criminal conspiracy that:
(1) one or more of the coconspirators is not criminally responsible for the object offense;
(2) one or more of the coconspirators has been acquitted, so long as two or more
coconspirators have not been acquitted;
(3) one or more of the coconspirators has not been prosecuted or convicted, has been
convicted of a different offense, or is immune from prosecution;
(4) the actor belongs to a class of persons that by definition of the object offense is
legally incapable of committing the object offense in an individual capacity; or
(5) the object offense was actually committed.
(d) An offense under this section is one category lower than the most serious felony that
is the object of the conspiracy, and if the most serious felony that is the object of the
conspiracy is a state jail felony, the offense is a Class A misdemeanor.
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. 15.03. CRIMINAL SOLICITATION. (a) A person commits an offense if, with intent
that a capital felony or felony of the first degree be committed, he requests, commands,
or attempts to induce another to engage in specific conduct that, under the circumstances
surrounding his conduct as the actor believes them to be, would constitute the felony or
make the other a party to its commission.
(b) A person may not be convicted under this section on the uncorroborated testimony of
the person allegedly solicited and unless the solicitation is made under circumstances
strongly corroborative of both the solicitation itself and the actor's intent that the other
person act on the solicitation.
(c) It is no defense to prosecution under this section that:
(1) the person solicited is not criminally responsible for the felony solicited;
(2) the person solicited has been acquitted, has not been prosecuted or convicted, has
been convicted of a different offense or of a different type or class of offense, or is
immune from prosecution;
(3) the actor belongs to a class of persons that by definition of the felony solicited is
legally incapable of committing the offense in an individual capacity; or
(4) the felony solicited was actually committed.
(d) An offense under this section is:
(1) a felony of the first degree if the offense solicited is a capital offense; or
(2) a felony of the second degree if the offense solicited is a felony of the first degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 462, Sec. 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994.
Sec. 15.031. CRIMINAL SOLICITATION OF A MINOR. (a) A person commits an offense if,
with intent that an offense listed by Section 3g(a)(1), Article 42.12, Code of Criminal
Procedure, be committed, the person requests, commands, or attempts to induce a minor
to engage in specific conduct that, under the circumstances surrounding the actor's
conduct as the actor believes them to be, would constitute an offense listed by Section
3g(a)(1), Article 42.12, or make the minor a party to the commission of an offense listed
by Section 3g(a)(1), Article 42.12.
(b) A person commits an offense if, with intent that an offense under Section 21.11,
22.011, 22.021, or 43.25 be committed, the person by any means requests, commands,
or attempts to induce a minor or another whom the person believes to be a minor to
engage in specific conduct that, under the circumstances surrounding the actor's conduct
as the actor believes them to be, would constitute an offense under one of those sections
or would make the minor or other believed by the person to be a minor a party to the
commission of an offense under one of those sections.
(c) A person may not be convicted under this section on the uncorroborated testimony of
the minor allegedly solicited unless the solicitation is made under circumstances strongly
corroborative of both the solicitation itself and the actor's intent that the minor act on the
solicitation.
(d) It is no defense to prosecution under this section that:
(1) the minor solicited is not criminally responsible for the offense solicited;
(2) the minor solicited has been acquitted, has not been prosecuted or convicted, has
been convicted of a different offense or of a different type or class of offense, or is
immune from prosecution;
(3) the actor belongs to a class of persons that by definition of the offense solicited is
legally incapable of committing the offense in an individual capacity; or
(4) the offense solicited was actually committed.
(e) An offense under this section is one category lower than the solicited offense.
(f) In this section, "minor" means an individual younger than 17 years of age.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 79, eff. Jan. 1, 1996. Amended by Acts
1999, 76th Leg., ch. 1415, Sec. 22(a), eff. Sept. 1, 1999.
Sec. 15.04. RENUNCIATION DEFENSE. (a) It is an affirmative defense to prosecution under
Section 15.01 that under circumstances manifesting a voluntary and complete
renunciation of his criminal objective the actor avoided commission of the offense
attempted by abandoning his criminal conduct or, if abandonment was insufficient to
avoid commission of the offense, by taking further affirmative action that prevented the
commission.
(b) It is an affirmative defense to prosecution under Section 15.02 or 15.03 that under
circumstances manifesting a voluntary and complete renunciation of his criminal objective
the actor countermanded his solicitation or withdrew from the conspiracy before
commission of the object offense and took further affirmative action that prevented the
commission of the object offense.
(c) Renunciation is not voluntary if it is motivated in whole or in part:
(1) by circumstances not present or apparent at the inception of the actor's course of
conduct that increase the probability of detection or apprehension or that make more
difficult the accomplishment of the objective; or
(2) by a decision to postpone the criminal conduct until another time or to transfer the
criminal act to another but similar objective or victim.
(d) Evidence that the defendant renounced his criminal objective by abandoning his
criminal conduct, countermanding his solicitation, or withdrawing from the conspiracy
before the criminal offense was committed and made substantial effort to prevent the
commission of the object offense shall be admissible as mitigation at the hearing on
punishment if he has been found guilty of criminal attempt, criminal solicitation, or
criminal conspiracy; and in the event of a finding of renunciation under this subsection,
the punishment shall be one grade lower than that provided for the offense committed.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 15.05. NO OFFENSE. Attempt or conspiracy to commit, or solicitation of, a preparatory
offense defined in this chapter is not an offense.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
TITLE 4. INCHOATE OFFENSES
CHAPTER 15. PREPARATORY OFFENSES
Sec. 15.01. CRIMINAL ATTEMPT. (a) A person commits an offense if, with specific intent
to commit an offense, he does an act amounting to more than mere preparation that
tends but fails to effect the commission of the offense intended.
(b) If a person attempts an offense that may be aggravated, his conduct constitutes an
attempt to commit the aggravated offense if an element that aggravates the offense
accompanies the attempt.
(c) It is no defense to prosecution for criminal attempt that the offense attempted was
actually committed.
(d) An offense under this section is one category lower than the offense attempted, and
if the offense attempted is a state jail felony, the offense is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975,
64th Leg., p. 478, ch. 203, Sec. 4, eff. Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, Sec.
1.01, eff. Sept. 1, 1994.
Sec. 15.02. CRIMINAL CONSPIRACY. (a) A person commits criminal conspiracy if, with
intent that a felony be committed:
(1) he agrees with one or more persons that they or one or more of them engage in
conduct that would constitute the offense; and
(2) he or one or more of them performs an overt act in pursuance of the agreement.
(b) An agreement constituting a conspiracy may be inferred from acts of the parties.
(c) It is no defense to prosecution for criminal conspiracy that:
(1) one or more of the coconspirators is not criminally responsible for the object offense;
(2) one or more of the coconspirators has been acquitted, so long as two or more
coconspirators have not been acquitted;
(3) one or more of the coconspirators has not been prosecuted or convicted, has been
convicted of a different offense, or is immune from prosecution;
(4) the actor belongs to a class of persons that by definition of the object offense is
legally incapable of committing the object offense in an individual capacity; or
(5) the object offense was actually committed.
(d) An offense under this section is one category lower than the most serious felony that
is the object of the conspiracy, and if the most serious felony that is the object of the
conspiracy is a state jail felony, the offense is a Class A misdemeanor.
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. 15.03. CRIMINAL SOLICITATION. (a) A person commits an offense if, with intent
that a capital felony or felony of the first degree be committed, he requests, commands,
or attempts to induce another to engage in specific conduct that, under the circumstances
surrounding his conduct as the actor believes them to be, would constitute the felony or
make the other a party to its commission.
(b) A person may not be convicted under this section on the uncorroborated testimony of
the person allegedly solicited and unless the solicitation is made under circumstances
strongly corroborative of both the solicitation itself and the actor's intent that the other
person act on the solicitation.
(c) It is no defense to prosecution under this section that:
(1) the person solicited is not criminally responsible for the felony solicited;
(2) the person solicited has been acquitted, has not been prosecuted or convicted, has
been convicted of a different offense or of a different type or class of offense, or is
immune from prosecution;
(3) the actor belongs to a class of persons that by definition of the felony solicited is
legally incapable of committing the offense in an individual capacity; or
(4) the felony solicited was actually committed.
(d) An offense under this section is:
(1) a felony of the first degree if the offense solicited is a capital offense; or
(2) a felony of the second degree if the offense solicited is a felony of the first degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 462, Sec. 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994.
Sec. 15.031. CRIMINAL SOLICITATION OF A MINOR. (a) A person commits an offense if,
with intent that an offense listed by Section 3g(a)(1), Article 42.12, Code of Criminal
Procedure, be committed, the person requests, commands, or attempts to induce a minor
to engage in specific conduct that, under the circumstances surrounding the actor's
conduct as the actor believes them to be, would constitute an offense listed by Section
3g(a)(1), Article 42.12, or make the minor a party to the commission of an offense listed
by Section 3g(a)(1), Article 42.12.
(b) A person commits an offense if, with intent that an offense under Section 21.11,
22.011, 22.021, or 43.25 be committed, the person by any means requests, commands,
or attempts to induce a minor or another whom the person believes to be a minor to
engage in specific conduct that, under the circumstances surrounding the actor's conduct
as the actor believes them to be, would constitute an offense under one of those sections
or would make the minor or other believed by the person to be a minor a party to the
commission of an offense under one of those sections.
(c) A person may not be convicted under this section on the uncorroborated testimony of
the minor allegedly solicited unless the solicitation is made under circumstances strongly
corroborative of both the solicitation itself and the actor's intent that the minor act on the
solicitation.
(d) It is no defense to prosecution under this section that:
(1) the minor solicited is not criminally responsible for the offense solicited;
(2) the minor solicited has been acquitted, has not been prosecuted or convicted, has
been convicted of a different offense or of a different type or class of offense, or is
immune from prosecution;
(3) the actor belongs to a class of persons that by definition of the offense solicited is
legally incapable of committing the offense in an individual capacity; or
(4) the offense solicited was actually committed.
(e) An offense under this section is one category lower than the solicited offense.
(f) In this section, "minor" means an individual younger than 17 years of age.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 79, eff. Jan. 1, 1996. Amended by Acts
1999, 76th Leg., ch. 1415, Sec. 22(a), eff. Sept. 1, 1999.
Sec. 15.04. RENUNCIATION DEFENSE. (a) It is an affirmative defense to prosecution under
Section 15.01 that under circumstances manifesting a voluntary and complete
renunciation of his criminal objective the actor avoided commission of the offense
attempted by abandoning his criminal conduct or, if abandonment was insufficient to
avoid commission of the offense, by taking further affirmative action that prevented the
commission.
(b) It is an affirmative defense to prosecution under Section 15.02 or 15.03 that under
circumstances manifesting a voluntary and complete renunciation of his criminal objective
the actor countermanded his solicitation or withdrew from the conspiracy before
commission of the object offense and took further affirmative action that prevented the
commission of the object offense.
(c) Renunciation is not voluntary if it is motivated in whole or in part:
(1) by circumstances not present or apparent at the inception of the actor's course of
conduct that increase the probability of detection or apprehension or that make more
difficult the accomplishment of the objective; or
(2) by a decision to postpone the criminal conduct until another time or to transfer the
criminal act to another but similar objective or victim.
(d) Evidence that the defendant renounced his criminal objective by abandoning his
criminal conduct, countermanding his solicitation, or withdrawing from the conspiracy
before the criminal offense was committed and made substantial effort to prevent the
commission of the object offense shall be admissible as mitigation at the hearing on
punishment if he has been found guilty of criminal attempt, criminal solicitation, or
criminal conspiracy; and in the event of a finding of renunciation under this subsection,
the punishment shall be one grade lower than that provided for the offense committed.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 15.05. NO OFFENSE. Attempt or conspiracy to commit, or solicitation of, a preparatory
offense defined in this chapter is not an offense.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.