V.T.C.A., Penal Code Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code Disp Table

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

TABLE 3 DISPOSITION OF UNREPEALED ARTICLES OF THE TEXAS PENAL CODE OF 1925 AND VERNON'S TEXAS PENAL CODE

Pursuant to the authority granted by Section 5 of Chapter 399, Acts of the 63rd Legislature, the Texas Legislative Council compiled the following table showing the official citations of unrepealed articles of the 1925 Texas Penal Code and the classifications of unrepealed statutes compiled as articles of Vernon's Texas Penal Code. Unless otherwise indicated, the citations or classifications are to the Civil Statutes of Texas. Footnotes have been dropped where the Council felt explanatory comments might be helpful.

Former Penal Code Article Number

New Article Number

107e

[FN1]

108a

630c, § 1

108b

630c, § 2

108c

630c, § 3

108d

630c, § 4

131a

Tax.-Gen. 3.12

131c-1,

§ 16-a

[FN2]

§ 19

[FN3]

§ 25

[FN4]

§ 26

[FN5]

§ 26a

[FN6]

§ 27

[FN5]

§§ 28, 29

[FN7]

141e

Tax.-Gen. 12.10A

141f

7164b

142a

5421r

146a

6252-21

147d, §§ 1, 3

6252-22

167a

5428b

183-2

6252-23

Former Penal Code Article Number

New Election Code Section

V.A.T.S. Election Code Article Number

200a-1

301

15.01 [FN8]

200a-3

302

15.02 [FN8]

205a

303

15.03 [FN8]

206

311

15.11

207

312

15.12

208

313

15.13

209

314

15.14

210

315

15.15

212

316

15.16

212a

----

15.16a

213

317

15.17

215

321

15.21

216

322

15.22

217

323

15.23

218

324

15.24

219

325

15.25

220

326

15.26

221

327

15.27

222

328

15.28

223

329

15.29

225

330

15.30

226

331

15.31

227

332

15.32

228

333

15.33

229

334

15.34

230

335

15.35

231

336

15.36

231a

----

15.36a

231b

----

15.36b

232

341

15.41

233

342

15.42

234

343

15.43

235

344

15.44

236

345

15.45

237

346

15.46

238

347

15.47

239

348

15.48

240

349

15.49

241

350

15.50

242

351

15.51

243

352

15.52

244

361

15.61

245

362

15.62

246

363

15.63

246a

----

15.63a

247

364

15.64

248

365

15.65

249

366

15.66

250

367

15.67

259

371

15.71

260

372

15.72

Former Penal Code Article Number

New Article Number

286a

9001

353c

6184m

380a

6252-24

383a

2558a, § 15

414a

4388a

414b

689a-21

422b

4413a-24

427b

974a, § 7

427c-1

6674s, § 19

431

1302-5.05, § B

432 to 438

5996a

5996g

454h

9002

454i

9003

531

4590.1

534

2338-1a

534a

2338-1b

561

548c

562

548d

563

548e

564

548f

566

548g

568

21.02-1

569

21.02-2

570

21.02-3

570a

21.07A [FN9]

570b

21.15-1

571

21.51

571a

5.12-1

572

21.15-2

573

21.15-3

574

21.15-4

575

3.56-1

576

21.15-5

577

3.67-1

578

21.21A

579

19.10-1

580

5.68-1

580a

14.37-1

580b

21.21B

581

10.41

582

10.42

583

10.43

584

10.44

585

10.45

586

11.18-1

588

14.56-1

589

15.19-1

590

15.19-2

591

18.01-1

592

18.03-1

593

18.11-1

594

18.16-1

595

18.22-1

596

5.41-1

597

5.48-1

597a

5.43-1

598

5.48-2

601

15.20-1

602

[FN10]

602-A

[FN10]

602-B

[FN10]

606a

695a, §§ 6, 7

614-1 to 614-17c

8501-1

8501-17c

656 to 664

8651

8659

666-1 to 666-58

[FN11]

667-1 to 667-33

[FN11]

696a

6674v-2

696a-1

4477-9

698d,

§§ 1 to 6

§§ 13, 14

4477-5b

700b

4476-9

701a

4442a, § 7

704

4445, § 10

705b-1

912a-26a

705d

4476-10

713a

4474a

719

4476-1a

719a

118c

719b

118a, § 20

719c-1

118b-1

719e

4476-3a

725e

4476-11

725f

4476-15

726-2

4476-12

726-3

4476-13

726d,

§§ 1 to 6

§§ 8 to 15A

4476-14

727

4476-16

728 to 734a

8401

8407a

734c

8451a

739

4498.1

740

4504a

741

4510a

742

4510b

742-a

4590c, § 17

742-b

4590c, § 18

742-c

4590c, § 19

743

4498a, § 2

744

4501a

744-a

4590c, § 20

744-b

4590c, § 21

745

4499.1

746

4441a

747

4548a

748

4548b

749

4546a

750

4548c

751

4548d

751a

4551h

752

4548e

752a

4548f

752b

4548g

752c

4548h

753

4551b-1

754

4548i

754a

4551a-1

754b

4548j

754c

4551g-1

758a

4542a, § 21

763 to 772

4457a

4457j

773

4505a

774

4505b

775

4505c

778

4567b

779

4567c

780

4567d

781

4477b

781a

4477c

782

4477d

782a

4420b

782b

4420a

782c

4447p

782d

4447q

784a-1

6701d-4, § 1

784a-2

§ 2

784a-3

§ 3

787

6701d-5

788

6701d-6

792

6701d-7 [FN12]

799a

6687-12

802

6701l-1

802b

6701l-2

802d

6701l-3

802e

6701l-4

802f

6701l-5

803a

6701d-8

803b

6701d-9

804

6675b-1

805

6675b-2

806

6675b-3

806a

6687-11

807a, § 14f

6675a-16a

807b

6675a-3e

808

6675b-4

809

6675b-5

811

6675b-6

812

6675b-7

821

6701m-1

821a

6701m-2

826

6701d-10

827

4008b

827a

6701d-11

827a-2 to 827a-8

6701d-12

6701d-18

827aa

2372a-2

827b

6675a-6e

827c

6701d-19

827c-1

118b-2

827d

911j

827e

6701d-20 [FN13]

827f

6701d-21

827g

6701d-22

833

6674o-1

836

6711b

837

6712a

853

style="FONT-SIZE: 70%; VERTICAL-ALIGN: super; ">[FN14]

854

6799a

855

6799b

861a

678e-1

861b

678f-1

863

678e-2

865 to 868

3954-1

3954-4

869

3972.1

870

3972.2

871 to 978n-2

[FN15]

1027

5679a-1 [FN16]

1027a

5679a, §§ 9, 10

1028

5679d

1029

5679e

1031

5679f

1032

5679g

1033

5679h

1034

74a

1035

5722a

1036

5727a

1037

5726a

1038

5726b

1039

5726c

1040

5726d

1042b

5733a

1043

5736-1 [FN17]

1046

110a

1047

5680a

1048

5696a

1049

5698a

1052

5693a

1054

1440a

1055

5707a

1057a

1124a, § 5

1057b

5736b

1057c

5736c

1057d

5714

1067

5924.1

1068

5925a

1069

5927a

1070

5927b

1084

2485a

1085

2486a

1086

2489a

1087

2490a

1088

2495a

1089

2496a

1090

2497a

1091

2498a

1092

2499a

1093

2499b

1101 to 1106

8601

8606

1107 to 1111

8607

8611

1111a-1

6032d

1111c

6049f

1111c-1

9201

1112

9004

1112b

6049g

1116

9005

1117a

Ins.Code 15.21

1122

9006

1124

5195a

1125

1275a

1125a

1287a, §§ 9 to 12

1131

700a

1137

1528h

1137b

46f-2

1137b-1

46f-3

1137e-2

1446b

1137h

6626c

1137i-1

9007

1137k

9008

1137l-10

9009

1137n

9010

1137o

6573b

1137q

9011

1137r

9012

1167a

9013

1176a

6252-25

1191 to 1196

4512.1

4512.6

1333A

9206a [FN18]

1334a

1432a

1351a

6942a

1369

6946a

1370

6946b

1370a

6971a

1371

192-2

1371a

192-3

1378a

192b, §§ 11 to 13

1384a

6143.1

1385

7361a

1386

7362a

1387

7363.1

1388

7363b

1430a

9014

1432 to 1435

6687-3

6687-6

1435a

6687-8

1436

6687-7

1436-1

6687-1

1436-2

6687-2

1436-3

6687-9

1436a

9015

1436d

6687-10

1444a

6983b

1446

6905a

1447

6908f-1

1448

6908f-2

1449

6904a

1450

6908b

1451

6908a

1452

6908c

1453

6908g

1454

6908d

1455

6909a

1456

6910a

1456a

6908e

1457

6907a

1460

6890a

1461

6890b

1471

6985a

1472

6978a

1473

6978b

1474

6978c

1475

6978d

1476

6998a

1477

6987a

1478

6990a

1479

6990b

1480

6986a

1481

6983a

1482

6984a

1483

6984b

1484

6997a

1485

6890c

1486

6898a

1487

6990c

1488

7005-2

1499

1281a

1500

1282a

1501

1286a

1502

1286b

1503

1285a

1505

7009b [FN19]

1505a

7014c

1505b

7014d

1512 to 1515

7014e-2

7014e-5

1518 to 1521

7014f-2

7014f-5

1522

7014b

1523 to 1525

7014f-6

7014f-8

1525a

7014e-1

1525b

7014f-1

1525b-1 to 1525b-3

7014f-9

7014f-11

1525c

7014g-1

1525d to 1525f

7014f-12

7014f-14

1525g

7014g-2

1533

564a

1546b

9016

1552

4596b

1553

4596c

1555a

67a, § 6

1561

5145a

1562

5150a

1563

5147a

1564

5151b

1565

5148a

1566

5151c

1567

5178a

1568

5179a

1573 to 1578b

5181a

5181h

1579 to 1581

5165.1

5165.3

1581a

5159a, §§ 5, 6

1582

5182-1

1583a

1269o

1583b

CCP 1041b

1583-1

1269p

1583-2

1269q

1583-3

1269r

1594

5901b

1595

5901a

1596

5904a

1597

5906a

1598

5907a

1599

5908a

1600

5905a

1601

5909a

1602

5910a

1603

5911a

1604

5912a

1605

5913a

1606

5914a

1607

5914b

1608

5915a

1609

5917a

1610

5918a

1611

5919a

1612

5920a

1613

5196a

1614

5196b

1615

5201a

1616 to 1620

5196c

5196g

1621

5205a

1630

6057a

1631

6057b

1631a

6020b

1645 to 1648

178a

178d

1648a

9017

1649

6559g-1

1650

6559g-2

1651

4005a

1652

4006a

1653

4006b

1654

4013a

1655 to 1658

4015a

4015d

1658a

4015e

1661

4015f

1661a

6145c

1662 to 1672

6559h-1

6559h-11

1684 to 1690

6559i-1

6559i-7

1690a

911a, § 14

1690b

911b, § 16

1690d

[FN20]

1690e

911h

1690f

911i

1691

123a

1692

126a

1693

127a

1694

127b

1695

119a

1696

129a

1697

126b

1698

135.1

1699

127c

1700

127d

1700a-1

135a-1, § 9

1700a-2

118b-3

1700a-3

118b, § 21

1701 to 1708

93d-1 [FN21]

93d-8

1720a

695c-3

1721

9202

1721A

9203

1722

9204

1722a

9206

1725

9205

[FN1]> This article was repealed by Acts 1951, 52nd Leg., p. 362, ch. 228, § 1.

[FN2] Repealed; see, now, V.A.T.S. Tax.-Gen. arts. 7.25, 7.26.

[FN3] Repealed; see, now, V.A.T.S. Tax.-Gen. art. 7.29.

[FN4] Repealed; see, now, V.A.T.S. Tax.-Gen. art. 7.36.

[FN5] Repealed; see, now, V.A.T.S. Tax.-Gen. art. 7.37.

[FN6] Expired.

[FN7] Repealed; see, now, V.A.T.S. Tax.-Gen. art. 7.38.

[FN8] This article was probably impliedly repealed by Acts 1966, 59th Leg., 1st C.S., p. 1, ch. 1, § 4 (the voter registration law of 1966).

[FN9] This article was probably superseded and impliedly repealed by Insurance Code, art. 21.07, § 12.

[FN10] See V.T.C.A. Penal Code, § 25.05 note.

[FN11] These articles were repealed by § 2 of Acts 1977, 65th Leg., p. 557, ch. 194, enacting the Alcoholic Beverage Code as a unit of the Texas Legislative Council's statutory revision program (see V.A.C.S. art. 5429b-1).

[FN12] This article was probably impliedly repealed by virtue of the express repeal of arts. 790 and 791, to which it refers.

[FN13] This article was probably impliedly repealed by the Uniform Act Regulating Traffic on Highways (V.A.C.S., art. 6701d).

[FN14] V.A.T.S. Water Auxiliary Laws, art. 7849a.

[FN15] These articles were repealed by § 2(a)(1) of Acts 1975, 64th Leg., p. 1804, ch. 545, enacting the Parks and Wildlife Code as a unit of the Texas Legislative Council's statutory revision program (see V.A.C.S. art. 5429b-1).

[FN16] This article was probably impliedly repealed by Acts 1931, 42nd Leg., ch. 68 (V.A.C.S. art. 5679a). The penal provisions of Chapter 68 were originally designated as art. 1027a, V.T.P.C., but have now been incorporated in V.A.C.S. art. 5679a.

[FN17] This article was probably impliedly repealed when art. 1042, Penal Code of Texas, 1925, to which it is an exception, was repealed by Acts 1973, 63rd Leg., ch. 399, § 3 (adopting the new Penal Code).

[FN18] This article was probably impliedly repealed by V.T.P.C., art. 1722a, § 24(d); see, now, V.T.C.S., art. 9206, § 24(d).

[FN19] This article was probably impliedly repealed by Acts 1959, 56th Leg., ch. 192 (V.A.C.S. art. 7009a).

[FN20] Deleted; identical to V.A.C.S. art. 911d, § 15.

[FN21] These articles were probably impliedly repealed by Acts 1929, 41st Leg., ch. 304; see, now, V.A.C.S. art. 93b, the Texas Seed Law.

Submitted by

ROBERT E. FREEMAN

Revisor of Statutes

Texas Legislative Council

Austin, Texas

October, 1973

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code Disp Table

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

DISPOSITION TABLE 1

Showing where provisions of former articles of Vernon's Annotated Penal Code are covered in the Penal Code as originally enacted or in other units of Vernon's Texas Statutes and Codes.

See Table 3 for Disposition of unrepealed articles of the Penal Code of 1925, as amended.

Vernon's Ann.P.C. Article

V.T.C.A. Penal Code Section

1, 2

1.02

3

1.03(a)

4, 5

1.05(b)

6

1.02

7

1.05(a)

8

1.05(b)

9

2.01edito

10

1.03

11

----

12

8.03

13 to 18

----

19

1.05(b)

1.07(a)(17)

20, 21

1.05(b)

22

1.07(a)(27)

23

1.07(a)(2)

24 to 26

----

27

1.07(a)(22)

28

----

29

1.04(a)

30

8.07

31

8.07

32

8.05

33

----

34

8.01

35

----

36

8.04

37

9.21

38

8.05

39

6.01

40

8.03

41

8.02

42

to

44

6.04

45

2.05

46

2.03

2.04

47

12.02

12.03

12.04

48

12.03

49, 50

----

51

12.01(c)

52

12.03

53 to 60

----

61

12.43

62 to 64

12.42

65

7.01

7.02

66 to 71

7.02

72

7.01

73

6.04

74 to 76

----

77 to 79

38.05

80

7.03(2)

81

38.05

83 to 85

----

86, 87

39.01

88

----

89 to 91

39.01

92

1.07(a)(30)

93 to 96

39.01

98, 99

----

100, 101

39.01

107f

39.01

108

39.01

109

----

110

39.01

111

----

112 to 119

39.01

120

36.03

39.01

121 to 131

----

132 to 139

----

141

----

142, 143

39.01

144

39.03

145, 146

39.01

147, 147c

37.11

147d § 2

----

148

42.09

149

----

152

42.09

153 to 157

----

158 to 160

36.02

160-a to 165

36.02

166, 167

32.43

168 to 174

36.02

177 to 178a

36.02

178b

32.44

184 to 187

----

188 to 197

36.02

198 to 200a

----

201 to 205

----

253

42.02

254

36.03

42.02

255

42.01

42.02

256

36.03

257

46.04(a)(2)

258

36.03

261

39.02

281

42.01

42.05

282 to 287

----

302

37.02

37.03

303

37.02

37.03

304

37.07

305

37.01

306

37.03

307

37.03

37.04

308

37.02

37.03

309

----

310

37.02

311

37.01

312 to 314

----

315

7.02

316

36.05

317 to 322

38.08

323, 324

39.01

325

----

326

38.08

38.10

327

38.08

38.10

328 to 330

38.08

331 to 333a

25.03

334

38.08

335

38.05

336, 337

----

338, 339

38.03

340

----

341

38.03

38.04

342 to 345

----

346

1.07(a)(25)

347

1.07(a)(11)

348

----

349

39.02

350 to 352

----

353

39.02

353a, 353b

38.07

353d

38.07

354 to 364

37.10

365 to 371

39.01

372

36.08

373

----

379, 380

----

381 to 383

39.01

384 to 395

39.01

396 to 403

39.01

407 to 414

39.01

415 to 418

39.01

418a

----

419

39.01

420 to 422

39.01

423

39.01

425

39.01

426, 427

39.01

427c

----

428

38.06

428a

36.05

429

37.11

430

38.12

438c, 438d

37.10

439

42.02

440, 441

36.03

442 to 446

38.07

38.08

447, 448

36.03

449 to 452

42.02

453, 454

42.04

454a to 454g

----

455, 456

42.02

457

36.03

42.02

458 to 463

38.06

42.02

464

42.02

465

42.01

42.02

466

42.02

466a

42.01

467 to 470

2.02

471

----

472

42.04

472a

42.02

42.03

473

42.01

474

42.01

42.03

42.05

475, 475a

42.01

476

42.07

477

42.08

478

----

479

30.05

480

42.01

480a

42.12

481

----

482, 482a

42.01

483

46.02

484

46.03

485

42.01

46.04

486

46.03

46.04

487

----

488

46.02

489

46.06

46.07

489a

----

489b

46.06

489c

46.05

489d

46.08

490 to 491

25.01

494

25.01

495

25.02

498 to 509

----

510 to 512

43.04

513

43.21

43.22

43.24

514

43.03

515

43.04

516

43.05

517, 518

----

519

43.03

to

43.05

520

1.04

521

43.06

522

43.04

523

----

524

21.04

to

21.06

525

43.03

43.04

527

43.21

to

43.23

528, 528a

42.09

529, 530

42.10

534b

43.24

535

25.03

25.04

535a

----

535b

25.04

535c, 535d

21.11

560

32.45

565

32.35

567

32.45

567b

31.06

32.41

602

25.05

602-A

25.05

603

1.04

C.C.P. 13.16

604

25.05

605

25.05

C.C.P. 38.11

606

----

607

§§ (1) to (8)

----

§ (9)

43.02

§§ (10) to (13)

----

§ (14)

43.02

43.03

§ (15)

43.03

§ (16)

21.07

43.02

§§ (17), (18)

43.02

§ (19)

43.03

§ (20)

43.02

§ (21)

43.06

607a

43.02

608

----

609

C.C.P. 14.03

610 to 612

----

613

42.11

614

----

614b

----

615 to 618

47.02

619 to 621

47.06

47.07

622

----

623

----

624

47.02

625

47.04

47.06

47.07

626 to 629

47.04

630

47.04

47.06

631

----

632

----

633

C.C.P. ch. 18

634

R.C.S. 4667

635

----

636 to 638

C.C.P. 18.18

639

47.09

640, 641

39.01

642

----

642a to 642c

47.02 to 47.07

642c

47.09

643, 643a

47.02

644

----

645

47.01

646

47.02

646a to 648-2

47.02 to 47.04

649

47.04

650

47.03

47.04

651

47.02

652

47.09

652a

47.02 to 47.07

654, 655

47.02 to 47.04

655a, 655b

----

695, 696

----

698c

Water Code

§§ 21.551

to

21.564

C.C.P. 17A.02

to

C.C.P. 17A.07

698d

§ 7

C.C.P. 17A.02

§ 8

C.C.P. 17A.03

§ 9

C.C.P. 17A.04

§ 10

C.C.P. 17A.06

§ 11

C.C.P. 17A.07

§ 12

----

699

----

701

----

702, 703

----

710 to 713

32.42

714 to 716

----

718

32.42

755 to 758

----

784

42.03

785, 786

42.03

790

----

791

9.22

796 to 797b

----

799

----

800, 801

----

802a

----

802a-1

19.05

802c

19.05

803

C.C.P. 14.03

813 to 817

----

831, 832

39.01

856

30.05

857

42.03

858

30.05

859

28.03

860

----

861

30.03

862

28.03

864

28.03

978o

31.04

979 to 993

32.21

995, 996

32.21

997

16.01

998

32.21

999

----

1000, 1001

32.46

1002

32.21

32.47

37.10

1002a

32.21

32.47

37.10

1003

32.46

1004

32.21

1005

3.01

to

3.04

1006 to 1008

32.21

1009

1.04

1010, 1011

32.21

1012 to 1017

32.21

1026

32.21

1030

32.42

1041

39.01

1042

----

1044, 1045

32.42

1050, 1051

32.42

1053

32.42

1056

31.04

1057

----

1094 to 1100

----

1106a

32.42

1111b

28.03

1111m

----

1117

----

1118 to 1121

37.03

1123

32.21

1137e, 1137e-1

31.04

1137f

28.03

28.04

1137g

31.04

1137j

----

1138 to 1141

22.01

1142,

subd. 1

9.61

to

9.63

subd. 2

9.21

subd. 3

9.22

9.32

subd. 4

9.41

to

9.43

subd. 5

9.51

subd. 6

9.31

9.33

9.43

subd. 7

9.31

1143

9.31

1144, 1145

22.01

1146

22.01

22.07

42.01

1146a

22.01

22.05

1147

1.07(a)(11)

22.02

22.03

22.04

1148

22.02

1148a

22.04

1149

22.02

1150

----

1151

22.02

1157

39.01

39.02

1158

39.01

39.02

1159

15.01

22.01

22.02

1160

15.01

19.02

22.01

22.02

1160a

15.01

19.02

22.03

1161

46.01

1162

15.01

21.02

1163

15.01

29.02

1164

15.01

30.02

1165

15.01

1166

22.02

1167

22.01

22.02

1168

22.02

1169 to 1172

20.02

1173

9.03

1174

20.02

1175, 1176

39.02

1177

20.02

20.03

25.03

1177a

20.04

1178

20.03

1179 to 1182

20.02

43.05

1183 to 1186

21.02

21.03

21.09

1187

21.01

1188

8.07

1189

21.02

21.03

21.09

1190

15.01

21.02

1197 to 1200

----

1201

19.01

1202, 1203

6.04

19.01

1204, 1205

----

1206

6.04

1207

9.32

1208 to 1211

9.21

1212

9.21

9.51

9.52

1213

----

1214 to 1218

9.21

9.51

9.52

1219

9.32

9.33

1220

----

1221

9.32

1222

9.32

9.33

9.42

1223

----

1224 to 1226

9.32

9.33

9.41

1227

9.41

to

9.44

1228

6.01

to

6.04

1229

6.01

to

6.04

9.61

to

9.63

1230

19.07

1231

19.07

1232

6.03

1233

6.03

1234, 1235

19.05

1236

6.04

19.05

1237 to 1243

19.05

1256, 1257

19.02

1257a

19.06

1257b

----

1257c

19.04

19.05

1258

19.06

1259 to 1260a

19.02

19.04

22.01

22.02

1265, 1266

22.07

1267

9.04

22.07

1268, 1268a

22.07

1269, 1270

----

1271

32.21

1272 to 1294

----

1295, 1296

42.07

1297

----

1298

31.03

38.12

1299

37.08

1300 to 1303

----

1304 to 1309

28.02

1310, 1311

9.22

1312

28.02

1313

28.05

1314, 1315

28.02

1316

15.01

28.02

1317 to 1321b

28.03

28.04

1322

31.03

1323

28.03

28.04

1324

----

1325

19.02

1326

15.01

1329

----

1331

19.02

28.03

1332

19.02

28.03

1333

31.07

1334

28.03

1335

19.02

42.03

1336, 1337

28.03

1338

28.03

28.04

1339

22.01

22.02

22.05

1339b

42.01

1340

----

1341, 1342

31.07

1343

28.03

1347

22.05

28.03

42.03

1348, 1349

31.03

1350

28.03

28.04

32.47

1350a

28.03

28.04

1351

28.03

30.05

1352 to 1355

28.03

28.04

1358

28.03

28.04

1359

28.03

28.04

1364 to 1366

28.03

28.04

1367

31.04

1368

28.03

30.05

1372

28.03

28.04

1373

28.03

28.04

42.11

1373-a

28.03

28.04

42.11

1374 to 1376

42.11

1377a

42.11

1377b

30.05

1377c

30.05

1379

28.03

28.04

31.03

1379a

28.03

28.04

1380, 1381

----

1382

31.03

1383

28.03

28.04

1384

28.03

28.04

31.03

1388a

28.03

28.04

1388b-1

15.01

28.03

28.04

1389 to 1400

30.02

1401

31.03

1402

15.01

30.02

1402a

30.03

1402b

16.01

1403

30.04

1404

30.04

1404-a

15.01

30.02

1404b

30.04

1405, 1406

30.02

1407

31.03

1407a

30.05

1408

29.02

29.03

1409

29.02

29.03

31.03

1410

31.03

1411

31.01

1412 to 1414

31.03

1415

1.07(a)(28)

31.01

1416, 1417

31.03

1418, 1419

31.01

1420 to 1423

31.03

1424

----

1425

31.01

1426 to 1426c

31.03

1427

31.03

32.47

37.09

37.10

1428 to 1430

31.03

1436b

31.03

1436c

31.03

1436e to 1436g

31.03

1437, 1438

31.03

1439

15.01

31.03

1440 to 1442c

31.03

1443, 1444

31.03

1445

31.03

1458, 1459

31.03

1462 to 1466

31.03

1467, 1468

28.03

1469

31.03

32.21

1470

31.03

1534 to 1536

31.03

1537

32.34

1538

31.03

1539 to 1541

31.03

39.01

1542, 1543

31.03

1544

31.01

1544a

31.03

1544b

31.03

39.01

1545

31.03

31.04

1546

31.03

1546a

31.03

32.32

1547

31.01

1548 to 1550

31.03

1551

31.04

1553a

31.04

1555

----

1555b, 1555c

32.31

1556

32.33

1559

1.04

31.03

1560

1.04

31.03

1621b

42.02

1622 to 1627

15.02

1628

1.04

15.02

1629

1.04

15.02

1673

30.03

31.03

1723

46.02

1723a, 1724

42.06

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 1, Ch. 1, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 1. Introductory Provisions

Chapter 1. General Provisions

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 1.01

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 1. Introductory Provisions

Chapter 1. General Provisions (Refs & Annos)

§ 1.01. Short Title

This code shall be known and may be cited as the Penal Code.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 1.02

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 1. Introductory Provisions

Chapter 1. General Provisions (Refs & Annos)

§ 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

(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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 1.03

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 1. Introductory Provisions

Chapter 1. General Provisions (Refs & Annos)

§ 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 [FN1] 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.

(c) This code does not bar, suspend, or otherwise affect a right 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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

[FN1] V.T.C.A., Penal Code §§ 1.01 et seq., 6.01 et seq., and 12.01 et seq.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 1.04

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 1. Introductory Provisions

Chapter 1. General Provisions (Refs & Annos)

§ 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.

(c) An offense based on an omission to perform a duty imposed on 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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 1.05

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 1. Introductory Provisions

Chapter 1. General Provisions (Refs & Annos)

§ 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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1985, 69th Leg., ch. 479, § 69, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 1.06

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 1. Introductory Provisions

Chapter 1. General Provisions (Refs & Annos)

§ 1.06. Computation of Age

A person attains a specified age on the day of the anniversary of his birthdate.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 1.07

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 1. Introductory Provisions

Chapter 1. General Provisions (Refs & Annos)

§ 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;

(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;

(C) given by a person who by reason of youth, mental disease or 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

(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., ch. 87, § 25.144.

(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

(C) an arbitrator, referee, or other person who is authorized by 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.

(46-b) “Federal special investigator” means a person described by Article 2.122, Code of Criminal Procedure.

(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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 912, ch. 342, § 1, eff. Sept. 1, 1975; Acts 1977, 65th Leg., p. 2123, ch. 848, § 1, eff. Aug. 29, 1977; Acts 1979, 66th Leg., p. 1113, ch. 530, § 1, eff. Aug. 27, 1979; Acts 1979, 66th Leg., p. 1520, ch. 655, § 1, eff. Sept. 1, 1979; Acts 1987, 70th Leg., ch. 167, § 5.01(a)(43), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 997, § 1, eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 543, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 822, § 2.01, eff. Sept. 1, 2003; Acts 2009, 81st Leg., ch. 87, § 25.144, eff. Sept. 1, 2009; Acts 2009, 81st Leg., ch. 421, § 1, eff. Sept. 1, 2009; Acts 2011, 82nd Leg., ch. 839 (H.B. 3423), § 1, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 1.08

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 1. Introductory Provisions

Chapter 1. General Provisions (Refs & Annos)

§ 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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 1.09

Effective: June 15, 2007

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 1. Introductory Provisions

Chapter 1. General Provisions (Refs & Annos)

§ 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.

CREDIT(S)

Added by Acts 2007, 80th Leg., ch. 378, § 1, eff. June 15, 2007.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 2.01

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 1. Introductory Provisions

Chapter 2. Burden of Proof

§ 2.01. Proof Beyond a Reasonable Doubt

All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 2.02

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 1. Introductory Provisions

Chapter 2. Burden of Proof

§ 2.02. Exception

(a) An exception to an offense in this code is so labeled by the phrase: “It is an exception to the application of . . . .”

(b) The prosecuting attorney must negate the existence of an exception in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or defendant's conduct does not fall within the exception.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 2.03

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 1. Introductory Provisions

Chapter 2. Burden of Proof

§ 2.03. Defense

(a) A defense to prosecution for an offense in this code is so labeled by the phrase: “It is a defense to prosecution . . . .”

(b) The prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense.

(c) The issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.

(d) If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.

(e) A ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and evidentiary consequences of a defense.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 2.04

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 1. Introductory Provisions

Chapter 2. Burden of Proof

§ 2.04. Affirmative Defense

(a) An affirmative defense in this code is so labeled by the phrase: “It is an affirmative defense to prosecution . . . .”

(b) The prosecuting attorney is not required to negate the existence of an affirmative defense in the accusation charging commission of the offense.

(c) The issue of the existence of an affirmative defense is not submitted to the jury unless evidence is admitted supporting the defense.

(d) If the issue of the existence of an affirmative defense is submitted to the jury, the court shall charge that the defendant must prove the affirmative defense by a preponderance of evidence.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 2.05

Effective: September 1, 2005

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 1. Introductory Provisions

Chapter 2. Burden of Proof

§ 2.05. Presumption

(a) Except as provided by Subsection (b), when this code or another penal law establishes a presumption with respect to any fact, it has the following consequences:

(1) if there is sufficient evidence of the facts that give rise to the presumption, the issue of the existence of the presumed fact must be submitted to the jury, unless the court is satisfied that the evidence as a whole clearly precludes a finding beyond a reasonable doubt of the presumed fact; and

(2) if the existence of the presumed fact is submitted to the jury, the court shall charge the jury, in terms of the presumption and the specific element to which it applies, as follows:

(A) that the facts giving rise to the presumption must be proven beyond a reasonable doubt;

(B) that if such facts are proven beyond a reasonable doubt the jury may find that the element of the offense sought to be presumed exists, but it is not bound to so find;

(C) that even though the jury may find the existence of such element, the state must prove beyond a reasonable doubt each of the other elements of the offense charged; and

(D) if the jury has a reasonable doubt as to the existence of a fact or facts giving rise to the presumption, the presumption fails and the jury shall not consider the presumption for any purpose.

(b) When this code or another penal law establishes a presumption in favor of the defendant with respect to any fact, it has the following consequences:

(1) if there is sufficient evidence of the facts that give rise to the presumption, the issue of the existence of the presumed fact must be submitted to the jury unless the court is satisfied that the evidence as a whole clearly precludes a finding beyond a reasonable doubt of the presumed fact; and

(2) if the existence of the presumed fact is submitted to the jury, the court shall charge the jury, in terms of the presumption, that:

(A) the presumption applies unless the state proves beyond a reasonable doubt that the facts giving rise to the presumption do not exist;

(B) if the state fails to prove beyond a reasonable doubt that the facts giving rise to the presumption do not exist, the jury must find that the presumed fact exists;

(C) even though the jury may find that the presumed fact does not exist, the state must prove beyond a reasonable doubt each of the elements of the offense charged; and

(D) if the jury has a reasonable doubt as to whether the presumed fact exists, the presumption applies and the jury must consider the presumed fact to exist.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 912, ch. 342, § 2, eff. Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2005, 79th Leg., ch. 288, § 2, eff. Sept. 1, 2005.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 2.06

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 1. Introductory Provisions

Chapter 2. Burden of Proof

§ 2.06. Repealed by Acts 1975, 64th Leg., p. 918, ch. 342, § 16, eff. Sept. 1, 1975

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 1, Ch. 3, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 1. Introductory Provisions

Chapter 3. Multiple Prosecutions

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 3.01

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 1. Introductory Provisions

Chapter 3. Multiple Prosecutions (Refs & Annos)

§ 3.01. Definition

In this chapter, “criminal episode” means the commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property, under the following circumstances:

(1) the offenses are committed pursuant to the same transaction or pursuant to two or more transactions that are connected or constitute a common scheme or plan; or

(2) the offenses are the repeated commission of the same or similar offenses.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 387, § 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 3.02

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 1. Introductory Provisions

Chapter 3. Multiple Prosecutions (Refs & Annos)

§ 3.02. Consolidation and Joinder of Prosecutions

(a) A defendant may be prosecuted in a single criminal action for all offenses arising out of the same criminal episode.

(b) When a single criminal action is based on more than one charging instrument within the jurisdiction of the trial court, the state shall file written notice of the action not less than 30 days prior to the trial.

(c) If a judgment of guilt is reversed, set aside, or vacated, and a new trial ordered, the state may not prosecute in a single criminal action in the new trial any offense not joined in the former prosecution unless evidence to establish probable guilt for that offense was not known to the appropriate prosecuting official at the time the first prosecution commenced.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 3.03

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 1. Introductory Provisions

Chapter 3. Multiple Prosecutions (Refs & Annos)

§ 3.03. Sentences for Offenses Arising Out of Same Criminal Episode

(a) When the accused is found guilty of more than one offense arising out of the same criminal episode prosecuted in a single criminal action, a sentence for each offense for which he has been found guilty shall be pronounced. Except as provided by Subsection (b), the sentences shall run concurrently.

(b) If the accused is found guilty of more than one offense arising out of the same criminal episode, the sentences may run concurrently or consecutively if each sentence is for a conviction of:

(1) an offense:

(A) under Section 49.07 or 49.08, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of both sections; or

(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of both sections;

(2) an offense:

(A) under Section 33.021 or an offense under Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed against a victim younger than 17 years of age at the time of the commission of the offense regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section; or

(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A) committed against a victim younger than 17 years of age at the time of the commission of the offense regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section;

(3) an offense:

(A) under Section 21.15 or 43.26, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of both sections; or

(4) an offense for which the judgment in the case contains an affirmative finding under Article 42.0197, Code of Criminal Procedure; or

(5) an offense:

(A) under Section 20A.02 or 43.05, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of both sections; or

(b-1) Subsection (b)(4) does not apply to a defendant whose case was transferred to the court under Section 54.02, Family Code.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 596, § 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 667, § 2, eff. Sept. 1, 1997; Acts 2005, 79th Leg., ch. 527, § 1, eff. Sept. 1, 2005; Acts 2007, 80th Leg., ch. 593, § 3.47, eff. Sept. 1, 2007; Acts 2007, 80th Leg., ch. 1291, § 6, eff. Sept. 1, 2007; Acts 2009, 81st Leg., ch. 1130, § 21, eff. Sept. 1, 2009; Acts 2011, 82nd Leg., ch. 1 (S.B. 24), § 6.01, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 3.04

Effective: September 1, 2005

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 1. Introductory Provisions

Chapter 3. Multiple Prosecutions (Refs & Annos)

§ 3.04. Severance

(a) Whenever two or more offenses have been consolidated or joined for trial under Section 3.02, the defendant shall have a right to a severance of the offenses.

(b) In the event of severance under this section, the provisions of Section 3.03 do not apply, and the court in its discretion may order the sentences to run either concurrently or consecutively.

(c) The right to severance under this section does not apply to a prosecution for offenses described by Section 3.03(b) unless the court determines that the defendant or the state would be unfairly prejudiced by a joinder of offenses, in which event the judge may order the offenses to be tried separately or may order other relief as justice requires.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 667, § 3, eff. Sept. 1, 1997; Acts 2005, 79th Leg., ch. 527, § 2, eff. Sept. 1, 2005.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 2, Ch. 6, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 2. General Principles of Criminal Responsibility

Chapter 6. Culpability Generally

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 6.01

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 6. Culpability Generally (Refs & Annos)

§ 6.01. Requirement of Voluntary Act or Omission

(a) A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession.

(b) Possession is a voluntary act if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to terminate his control.

(c) A person who omits to perform an act does not commit an offense unless a law as defined by Section 1.07 provides that the omission is an offense or otherwise provides that he has a duty to perform the act.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 913, ch. 342, § 3, eff. Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 3, § 1, eff. Feb. 25, 1993; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 6.02

Effective: September 1, 2005

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 6. Culpability Generally (Refs & Annos)

§ 6.02. Requirement of Culpability

(a) Except as provided in Subsection (b), a person does not commit an offense unless he intentionally, knowingly, recklessly, or with criminal negligence engages in conduct as the definition of the offense requires.

(b) If the definition of an offense does not prescribe a culpable mental state, a culpable mental state is nevertheless required unless the definition plainly dispenses with any mental element.

(c) If the definition of an offense does not prescribe a culpable mental state, but one is nevertheless required under Subsection (b), intent, knowledge, or recklessness suffices to establish criminal responsibility.

(d) Culpable mental states are classified according to relative degrees, from highest to lowest, as follows:

(1) intentional;

(2) knowing;

(3) reckless;

(4) criminal negligence.

(e) Proof of a higher degree of culpability than that charged constitutes proof of the culpability charged.

(f) An offense defined by municipal ordinance or by order of a county commissioners court may not dispense with the requirement of a culpable mental state if the offense is punishable by a fine exceeding the amount authorized by Section 12.23.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2005, 79th Leg., ch. 1219, § 1, eff. Sept. 1, 2005.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 6.03

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 6. Culpability Generally (Refs & Annos)

§ 6.03. Definitions of Culpable Mental States

(a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.

(b) A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

(c) A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.

(d) A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 6.04

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 6. Culpability Generally (Refs & Annos)

§ 6.04. Causation: Conduct and Results

(a) A person is criminally responsible if the result would not have occurred but for his conduct, operating either alone or concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor clearly insufficient.

(b) A person is nevertheless criminally responsible for causing a result if the only difference between what actually occurred and what he desired, contemplated, or risked is that:

(1) a different offense was committed; or

(2) a different person or property was injured, harmed, or otherwise affected.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 2, Ch. 7, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 2. General Principles of Criminal Responsibility

Chapter 7. Criminal Responsibility for Conduct of Another

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 7.01

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 7. Criminal Responsibility for Conduct of Another (Refs & Annos)

Subchapter A. Complicity

§ 7.01. Parties to Offenses

(a) A person is criminally responsible as a party to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both.

(b) Each party to an offense may be charged with commission of the offense.

(c) All traditional distinctions between accomplices and principals are abolished by this section, and each party to an offense may be charged and convicted without alleging that he acted as a principal or accomplice.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 7.02

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 7. Criminal Responsibility for Conduct of Another (Refs & Annos)

Subchapter A. Complicity

§ 7.02. Criminal Responsibility for Conduct of Another

(a) A person is criminally responsible for an offense committed by the conduct of another if:

(1) acting with the kind of culpability required for the offense, he causes or aids an innocent or nonresponsible person to engage in conduct prohibited by the definition of the offense;

(2) acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense; or

(3) having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense.

(b) If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 7.03

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 7. Criminal Responsibility for Conduct of Another (Refs & Annos)

Subchapter A. Complicity

§ 7.03. Defenses Excluded

In a prosecution in which an actor's criminal responsibility is based on the conduct of another, the actor may be convicted on proof of commission of the offense and that he was a party to its commission, and it is no defense:

(1) that the actor belongs to a class of persons that by definition of the offense is legally incapable of committing the offense in an individual capacity; or

(2) that the person for whose conduct the actor is criminally responsible 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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 2, Ch. 7, Subch. B, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 2. General Principles of Criminal Responsibility

Chapter 7. Criminal Responsibility for Conduct of Another

Subchapter B. Corporations and Associations

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 7.21

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 7. Criminal Responsibility for Conduct of Another (Refs & Annos)

Subchapter B. Corporations and Associations (Refs & Annos)

§ 7.21. Definitions

In this subchapter:

(1) “Agent” means a director, officer, employee, or other person authorized to act in behalf of a corporation or association.

(2) “High managerial agent” means:

(A) a partner in a partnership;

(B) an officer of a corporation or association;

(C) an agent of a corporation or association who has duties of such responsibility that his conduct reasonably may be assumed to represent the policy of the corporation or association.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 7.22

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 7. Criminal Responsibility for Conduct of Another (Refs & Annos)

Subchapter B. Corporations and Associations (Refs & Annos)

§ 7.22. Criminal Responsibility of Corporation or Association

(a) If conduct constituting an offense is performed by an agent acting in behalf of a corporation or association and within the scope of his office or employment, the corporation or association is criminally responsible for an offense defined:

(1) in this code where corporations and associations are made subject thereto;

(2) by law other than this code in which a legislative purpose to impose criminal responsibility on corporations or associations plainly appears; or

(3) by law other than this code for which strict liability is imposed, unless a legislative purpose not to impose criminal responsibility on corporations or associations plainly appears.

(b) A corporation or association is criminally responsible for a felony offense only if its commission was authorized, requested, commanded, performed, or recklessly tolerated by:

(1) a majority of the governing board acting in behalf of the corporation or association; or

(2) a high managerial agent acting in behalf of the corporation or association and within the scope of his office or employment.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 913, ch. 342, § 4, eff. Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 7.23

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 7. Criminal Responsibility for Conduct of Another (Refs & Annos)

Subchapter B. Corporations and Associations (Refs & Annos)

§ 7.23. Criminal Responsibility of Person for Conduct in Behalf of Corporation or Association

(a) An individual is criminally responsible for conduct that he performs in the name of or in behalf of a corporation or association to the same extent as if the conduct were performed in his own name or behalf.

(b) An agent having primary responsibility for the discharge of a duty to act imposed by law on a corporation or association is criminally responsible for omission to discharge the duty to the same extent as if the duty were imposed by law directly on him.

(c) If an individual is convicted of conduct constituting an offense performed in the name of or on behalf of a corporation or association, he is subject to the sentence authorized by law for an individual convicted of the offense.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 7.24

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 7. Criminal Responsibility for Conduct of Another (Refs & Annos)

Subchapter B. Corporations and Associations (Refs & Annos)

§ 7.24. Defense to Criminal Responsibility of Corporation or Association

It is an affirmative defense to prosecution of a corporation or association under Section 7.22(a)(1) or (a)(2) that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 913, ch. 342, § 5, eff. Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 2, Ch. 8, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 2. General Principles of Criminal Responsibility

Chapter 8. General Defenses to Criminal Responsibility

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 8.01

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 8. General Defenses to Criminal Responsibility (Refs & Annos)

§ 8.01. Insanity

(a) It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong.

(b) The term “mental disease or defect” does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 2640, ch. 454, § 1, eff. Aug. 29, 1983; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 8.02

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 8. General Defenses to Criminal Responsibility (Refs & Annos)

§ 8.02. Mistake of Fact

(a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.

(b) Although an actor's mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 8.03

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 8. General Defenses to Criminal Responsibility (Refs & Annos)

§ 8.03. Mistake of Law

(a) It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.

(b) It is an affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon:

(1) an official statement of the law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question; or

(2) a written interpretation of the law contained in an opinion of a court of record or made by a public official charged by law with responsibility for interpreting the law in question.

(c) Although an actor's mistake of law may constitute a defense to the offense charged, he may nevertheless be convicted of a lesser included offense of which he would be guilty if the law were as he believed.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 8.04

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 8. General Defenses to Criminal Responsibility (Refs & Annos)

§ 8.04. Intoxication

(a) Voluntary intoxication does not constitute a defense to the commission of crime.

(b) Evidence of temporary insanity caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried.

(c) When temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was caused by intoxication, the court shall charge the jury in accordance with the provisions of this section.

(d) For purposes of this section “intoxication” means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 8.05

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 8. General Defenses to Criminal Responsibility (Refs & Annos)

§ 8.05. Duress

(a) It is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another.

(b) In a prosecution for an offense that does not constitute a felony, it is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by force or threat of force.

(c) Compulsion within the meaning of this section exists only if the force or threat of force would render a person of reasonable firmness incapable of resisting the pressure.

(d) The defense provided by this section is unavailable if the actor intentionally, knowingly, or recklessly placed himself in a situation in which it was probable that he would be subjected to compulsion.

(e) It is no defense that a person acted at the command or persuasion of his spouse, unless he acted under compulsion that would establish a defense under this section.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 8.06

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 8. General Defenses to Criminal Responsibility (Refs & Annos)

§ 8.06. Entrapment

(a) It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.

(b) In this section “law enforcement agent” includes personnel of the state and local law enforcement agencies as well as of the United States and any person acting in accordance with instructions from such agents.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 8.07

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 8. General Defenses to Criminal Responsibility (Refs & Annos)

§ 8.07. Age Affecting Criminal Responsibility

(a) A person may not be prosecuted for or convicted of any offense that the person committed when younger than 15 years of age except:

(1) perjury and aggravated perjury when it appears by proof that the person had sufficient discretion to understand the nature and obligation of an oath;

(2) a violation of a penal statute cognizable under Chapter 729, Transportation Code, except for conduct for which the person convicted may be sentenced to imprisonment or confinement in jail;

(3) a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state;

(4) a misdemeanor punishable by fine only;

(5) a violation of a penal ordinance of a political subdivision;

(6) a violation of a penal statute that is, or is a lesser included offense of, a capital felony, an aggravated controlled substance felony, or a felony of the first degree for which the person is transferred to the court under Section 54.02, Family Code, for prosecution if the person committed the offense when 14 years of age or older; or

(7) a capital felony or an offense under Section 19.02 for which the person is transferred to the court under Section 54.02(j)(2)(A), Family Code.

(b) Unless the juvenile court waives jurisdiction under Section 54.02, Family Code, and certifies the individual for criminal prosecution or the juvenile court has previously waived jurisdiction under that section and certified the individual for criminal prosecution, a person may not be prosecuted for or convicted of any offense committed before reaching 17 years of age except an offense described by Subsections (a)(1)-(5).

(c) No person may, in any case, be punished by death for an offense committed while the person was younger than 18 years.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 2158, ch. 693, § 24, eff. Sept. 1, 1975; Acts 1987, 70th Leg., ch. 1040, § 26, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1245, § 3, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 169, § 3, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 262, § 77, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 165, § 30.236, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 822, § 4, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1086, § 42, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1297, § 68, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, § 52, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 787, § 2, eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 949, § 45, eff. Sept. 1, 2005; Acts 2009, 81st Leg., ch. 311, § 5, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 9.01

Effective: September 1, 2007

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 9. Justification Excluding Criminal Responsibility

Subchapter A. General Provisions

§ 9.01. Definitions

In this chapter:

(1) “Custody” has the meaning assigned by Section 38.01.

(2) “Escape” has the meaning assigned by Section 38.01.

(3) “Deadly force” means force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury.

(4) “Habitation” has the meaning assigned by Section 30.01.

(5) “Vehicle” has the meaning assigned by Section 30. 01.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 293, § 1, eff. Sept. 1, 1997; Acts 2007, 80th Leg., ch. 1, § 1, eff. Sept. 1, 2007.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 9.02

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 9. Justification Excluding Criminal Responsibility

Subchapter A. General Provisions

§ 9.02. Justification as a Defense

It is a defense to prosecution that the conduct in question is justified under this chapter.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 9.03

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 9. Justification Excluding Criminal Responsibility

Subchapter A. General Provisions

§ 9.03. Confinement as Justifiable Force

Confinement is justified when force is justified by this chapter if the actor takes reasonable measures to terminate the confinement as soon as he knows he safely can unless the person confined has been arrested for an offense.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 9.04

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 9. Justification Excluding Criminal Responsibility

Subchapter A. General Provisions

§ 9.04. Threats as Justifiable Force

The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 9.05

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 9. Justification Excluding Criminal Responsibility

Subchapter A. General Provisions

§ 9.05. Reckless Injury of Innocent Third Person

Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 9.06

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 9. Justification Excluding Criminal Responsibility

Subchapter A. General Provisions

§ 9.06. Civil Remedies Unaffected

The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 9.21

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 9. Justification Excluding Criminal Responsibility

Subchapter B. Justification Generally

§ 9.21. Public Duty

(a) Except as qualified by Subsections (b) and (c), conduct is justified if the actor reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or other governmental tribunal, or in the execution of legal process.

(b) The other sections of this chapter control when force is used against a person to protect persons (Subchapter C), [FN1] to protect property (Subchapter D), [FN2] for law enforcement (Subchapter E), [FN3] or by virtue of a special relationship (Subchapter F).[FN4]

(c) The use of deadly force is not justified under this section unless the actor reasonably believes the deadly force is specifically required by statute or unless it occurs in the lawful conduct of war. If deadly force is so justified, there is no duty to retreat before using it.

(d) The justification afforded by this section is available if the actor reasonably believes:

(1) the court or governmental tribunal has jurisdiction or the process is lawful, even though the court or governmental tribunal lacks jurisdiction or the process is unlawful; or

(2) his conduct is required or authorized to assist a public servant in the performance of his official duty, even though the servant exceeds his lawful authority.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

[FN1] V.T.C.A., Penal Code § 9.31 et seq.

[FN2] V.T.C.A., Penal Code § 9.41 et seq.

[FN3] V.T.C.A., Penal Code § 9.51 et seq.

[FN4] V.T.C.A., Penal Code § 9.61 et seq.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 9.22

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 9. Justification Excluding Criminal Responsibility

Subchapter B. Justification Generally

§ 9.22. Necessity

Conduct is justified if:

(1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;

(2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and

(3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 9.31

Effective: September 1, 2007

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 9. Justification Excluding Criminal Responsibility

Subchapter C. Protection of Persons

§ 9.31. Self-Defense

(a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the force was used:

(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;

(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or

(C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;

(2) did not provoke the person against whom the force was used; and

(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

(b) The use of force against another is not justified:

(1) in response to verbal provocation alone;

(2) to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction, even though the arrest or search is unlawful, unless the resistance is justified under Subsection (c);

(3) if the actor consented to the exact force used or attempted by the other;

(4) if the actor provoked the other's use or attempted use of unlawful force, unless:

(A) the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and

(B) the other nevertheless continues or attempts to use unlawful force against the actor; or

(5) if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was:

(A) carrying a weapon in violation of Section 46.02; or

(B) possessing or transporting a weapon in violation of Section 46.05.

(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and

(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.

(d) The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, 9.33, and 9.34.

(e) A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section.

(f) For purposes of Subsection (a), in determining whether an actor described by Subsection (e) reasonably believed that the use of force was necessary, a finder of fact may not consider whether the actor failed to retreat.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 190, § 1, eff. Sept. 1, 1995; Acts 2007, 80th Leg., ch. 1, § 2, eff. Sept. 1, 2007.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 9.32

Effective: September 1, 2007

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 9. Justification Excluding Criminal Responsibility

Subchapter C. Protection of Persons

§ 9.32. Deadly Force in Defense of Person

(a) A person is justified in using deadly force against another:

(1) if the actor would be justified in using force against the other under Section 9.31; and

(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:

(A) to protect the actor against the other's use or attempted use of unlawful deadly force; or

(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

(b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the deadly force was used:

(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;

(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or

(2) did not provoke the person against whom the force was used; and

(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

(c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.

(d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 5316, ch. 977, § 5, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 235, § 1, eff. Sept. 1, 1995; Acts 2007, 80th Leg., ch. 1, § 3, eff. Sept. 1, 2007.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 9.33

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 9. Justification Excluding Criminal Responsibility

Subchapter C. Protection of Persons

§ 9.33. Defense of Third Person

A person is justified in using force or deadly force against another to protect a third person if:

(1) under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31 or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect; and

(2) the actor reasonably believes that his intervention is immediately necessary to protect the third person.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 9.34

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 9. Justification Excluding Criminal Responsibility

Subchapter C. Protection of Persons

§ 9.34. Protection of Life or Health

(a) A person is justified in using force, but not deadly force, against another when and to the degree he reasonably believes the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself.

(b) A person is justified in using both force and deadly force against another when and to the degree he reasonably believes the force or deadly force is immediately necessary to preserve the other's life in an emergency.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 9.41

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 9. Justification Excluding Criminal Responsibility

Subchapter D. Protection of Property

§ 9.41. Protection of One's Own Property

(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:

(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or

(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 9.42

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 9. Justification Excluding Criminal Responsibility

Subchapter D. Protection of Property

§ 9.42. Deadly Force to Protect Property

A person is justified in using deadly force against another to protect land or tangible, movable property:

(1) if he would be justified in using force against the other under Section 9.41; and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 9.43

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 9. Justification Excluding Criminal Responsibility

Subchapter D. Protection of Property

§ 9.43. Protection of Third Person's Property

A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:

(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or

(2) the actor reasonably believes that:

(A) the third person has requested his protection of the land or property;

(B) he has a legal duty to protect the third person's land or property; or

(C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 9.44

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 9. Justification Excluding Criminal Responsibility

Subchapter D. Protection of Property

§ 9.44. Use of Device to Protect Property

The justification afforded by Sections 9.41 and 9.43 applies to the use of a device to protect land or tangible, movable property if:

(1) the device is not designed to cause, or known by the actor to create a substantial risk of causing, death or serious bodily injury; and

(2) use of the device is reasonable under all the circumstances as the actor reasonably believes them to be when he installs the device.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 913, ch. 342, § 6, eff. Sept. 1, 1975. Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 9.51

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 9. Justification Excluding Criminal Responsibility

Subchapter E. Law Enforcement

§ 9.51. Arrest and Search

(a) A peace officer, or a person acting in a peace officer's presence and at his direction, is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making an arrest or search, or to prevent or assist in preventing escape after arrest, if:

(1) the actor reasonably believes the arrest or search is lawful or, if the arrest or search is made under a warrant, he reasonably believes the warrant is valid; and

(2) before using force, the actor manifests his purpose to arrest or search and identifies himself as a peace officer or as one acting at a peace officer's direction, unless he reasonably believes his purpose and identity are already known by or cannot reasonably be made known to the person to be arrested.

(b) A person other than a peace officer (or one acting at his direction) is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making a lawful arrest, or to prevent or assist in preventing escape after lawful arrest if, before using force, the actor manifests his purpose to and the reason for the arrest or reasonably believes his purpose and the reason are already known by or cannot reasonably be made known to the person to be arrested.

(c) A peace officer is justified in using deadly force against another when and to the degree the peace officer reasonably believes the deadly force is immediately necessary to make an arrest, or to prevent escape after arrest, if the use of force would have been justified under Subsection (a) and:

(1) the actor reasonably believes the conduct for which arrest is authorized included the use or attempted use of deadly force; or

(2) the actor reasonably believes there is a substantial risk that the person to be arrested will cause death or serious bodily injury to the actor or another if the arrest is delayed.

(d) A person other than a peace officer acting in a peace officer's presence and at his direction is justified in using deadly force against another when and to the degree the person reasonably believes the deadly force is immediately necessary to make a lawful arrest, or to prevent escape after a lawful arrest, if the use of force would have been justified under Subsection (b) and:

(1) the actor reasonably believes the felony or offense against the public peace for which arrest is authorized included the use or attempted use of deadly force; or

(2) the actor reasonably believes there is a substantial risk that the person to be arrested will cause death or serious bodily injury to another if the arrest is delayed.

(e) There is no duty to retreat before using deadly force justified by Subsection (c) or (d).

(f) Nothing in this section relating to the actor's manifestation of purpose or identity shall be construed as conflicting with any other law relating to the issuance, service, and execution of an arrest or search warrant either under the laws of this state or the United States.

(g) Deadly force may only be used under the circumstances enumerated in Subsections (c) and (d).

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 9.52

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 9. Justification Excluding Criminal Responsibility

Subchapter E. Law Enforcement

§ 9.52. Prevention of Escape From Custody

The use of force to prevent the escape of an arrested person from custody is justifiable when the force could have been employed to effect the arrest under which the person is in custody, except that a guard employed by a correctional facility or a peace officer is justified in using any force, including deadly force, that he reasonably believes to be immediately necessary to prevent the escape of a person from the correctional facility.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 9.53

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 9. Justification Excluding Criminal Responsibility

Subchapter E. Law Enforcement

§ 9.53. Maintaining Security in Correctional Facility

An officer or employee of a correctional facility is justified in using force against a person in custody when and to the degree the officer or employee reasonably believes the force is necessary to maintain the security of the correctional facility, the safety or security of other persons in custody or employed by the correctional facility, or his own safety or security.

CREDIT(S)

Added by Acts 1987, 70th Leg., ch. 512, § 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 9.61

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 9. Justification Excluding Criminal Responsibility

Subchapter F. Special Relationships

§ 9.61. Parent-Child

(a) The use of force, but not deadly force, against a child younger than 18 years is justified:

(1) if the actor is the child's parent or stepparent or is acting in loco parentis to the child; and

(2) when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare.

(b) For purposes of this section, “in loco parentis” includes grandparent and guardian, any person acting by, through, or under the direction of a court with jurisdiction over the child, and anyone who has express or implied consent of the parent or parents.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 9.62

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 9. Justification Excluding Criminal Responsibility

Subchapter F. Special Relationships

§ 9.62. Educator-Student

The use of force, but not deadly force, against a person is justified:

(1) if the actor is entrusted with the care, supervision, or administration of the person for a special purpose; and

(2) when and to the degree the actor reasonably believes the force is necessary to further the special purpose or to maintain discipline in a group.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 9.63

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 9. Justification Excluding Criminal Responsibility

Subchapter F. Special Relationships

§ 9.63. Guardian-Incompetent

The use of force, but not deadly force, against a mental incompetent is justified:

(1) if the actor is the incompetent's guardian or someone similarly responsible for the general care and supervision of the incompetent; and

(2) when and to the degree the actor reasonably believes the force is necessary:

(A) to safeguard and promote the incompetent's welfare; or

(B) if the incompetent is in an institution for his care and custody, to maintain discipline in the institution.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 3, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 3. Punishments

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 3, Ch. 12, Subch. A, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 3. Punishments

Chapter 12. Punishments

Subchapter A. General Provisions

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.01

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter A. General Provisions (Refs & Annos)

§ 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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.02

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter A. General Provisions (Refs & Annos)

§ 12.02. Classification of Offenses

Offenses are designated as felonies or misdemeanors.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.03

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter A. General Provisions (Refs & Annos)

§ 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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.04

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter A. General Provisions (Refs & Annos)

§ 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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1973, 63rd Leg., p. 1125, ch. 426, art. 2, § 3, eff. Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.21

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter B. Ordinary Misdemeanor Punishments

§ 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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 108, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.22

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter B. Ordinary Misdemeanor Punishments

§ 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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 108, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.23

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter B. Ordinary Misdemeanor Punishments

§ 12.23. Class C Misdemeanor

An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 108, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.31

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter C. Ordinary Felony Punishments

§ 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.

CREDIT(S)

Added by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, § 2, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 652, § 12, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 838, § 4, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2005, 79th Leg., ch. 787, § 1, eff. Sept. 1, 2005; Acts 2009, 81st Leg., ch. 87, § 25.145, eff. Sept. 1, 2009; Acts 2009, 81st Leg., ch. 765, § 1, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.32

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter C. Ordinary Felony Punishments

§ 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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Renumbered from V.T.C.A., Penal Code § 12.31 by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, § 2, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1058, ch. 488, § 1, eff. Sept. 1, 1979; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2009, 81st Leg., ch. 87, § 25.146, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.33

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter C. Ordinary Felony Punishments

§ 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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Renumbered from V.T.C.A., Penal Code § 12.32 by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, § 2, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2009, 81st Leg., ch. 87, § 25.147, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.34

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter C. Ordinary Felony Punishments

§ 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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Renumbered from V.T.C.A., Penal Code § 12.33 by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, § 2, eff. Jan. 1,1974. Amended by Acts 1989, 71st Leg., ch. 785, § 4.01, eff. Sept. 1, 1989; Acts 1990, 71st Leg., 6th C.S., ch. 25, § 7, eff. June 18, 1990; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2009, 81st Leg., ch. 87, § 25.148, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.35

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter C. Ordinary Felony Punishments

§ 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 20A.03 or 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.

CREDIT(S)

Added by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 2007, 80th Leg., ch. 593, § 3.48, eff. Sept. 1, 2007; Acts 2011, 82nd Leg., ch. 122 (H.B. 3000), § 13, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 3, Ch. 12, Subch. D, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 3. Punishments

Chapter 12. Punishments

Subchapter D. Exceptional Sentences

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.41

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter D. Exceptional Sentences (Refs & Annos)

§ 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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2009, 81st Leg., ch. 87, § 25.149, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.42

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter D. Exceptional Sentences (Refs & Annos)

§ 12.42. Penalties for Repeat and Habitual Felony Offenders on Trial for First, Second, or Third Degree Felony

(a) Except as provided by Subsection (c)(2), if it is shown on the trial of a felony of the third degree that the defendant has previously been finally convicted of a felony other than a state jail felony punishable under Section 12.35(a), on conviction the defendant shall be punished for a felony of the second degree.

(b) Except as provided by Subsection (c)(2) or (c)(4), if it is shown on the trial of a felony of the second degree that the defendant has previously been finally convicted of a felony other than a state jail felony punishable under Section 12.35(a), on conviction the defendant shall be punished for a felony of the first degree.

(c)(1) If it is shown on the trial of a felony of the first degree that the defendant has previously been finally convicted of a felony other than a state jail felony punishable under Section 12.35(a), on conviction the defendant shall be punished 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 20A.02(a)(7) or (8), 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 20A.02(a)(7) or (8), 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 20A.03 or 21.02 or 22.021 that the defendant has previously been finally convicted of:

(A) an offense under Section 20A.03 or 21.02 or 22.021; 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 20A.03 or 21.02 or 22.021.

(5) A previous conviction for a state jail felony punishable under Section 12.35(a) may not be used for enhancement purposes under Subdivision (2).

(d) Except as provided by Subsection (c)(2) or (c)(4), 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 the defendant 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. A previous conviction for a state jail felony punishable under Section 12.35(a) may not be used for enhancement purposes under this subsection.

(e) Repealed by Acts 2011, 82nd Leg., ch. 834 (H.B. 3384), § 6.

(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).

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 1750, ch. 339, § 1, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 582, § 1, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 250, § 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 262, § 78, eff. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 318, § 1, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 665, §§ 1, 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 667, § 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, § 15.01, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 283, § 53, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1005, § 2, eff. Sept. 1, 2003; Acts 2007, 80th Leg., ch. 340, §§ 1 to 4, eff. Sept. 1, 2007; Acts 2007, 80th Leg., ch. 593, §§ 1.14 to 1.16, eff. Sept. 1, 2007; Acts 2009, 81st Leg., ch. 87, § 25.150, eff. Sept. 1, 2009; Acts 2011, 82nd Leg., ch. 1 (S.B. 24), § 6.02, eff. Sept. 1, 2011; Acts 2011, 82nd Leg., ch. 122 (H.B. 3000), § 14, eff. Sept. 1, 2011; Acts 2011, 82nd Leg., ch. 834, (H.B. 3384), §§ 1 to 4, 6, eff. Sept. 1, 2011; Acts 2011, 82nd Leg., ch. 1119 (H.B. 3), §§ 3, 4, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.422

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter D. Exceptional Sentences (Refs & Annos)

§ 12.422. Deleted by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1993

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.425

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter D. Exceptional Sentences (Refs & Annos)

§ 12.425. Penalties for Repeat and Habitual Felony Offenders on Trial for State Jail Felony

(a) If it is shown on the trial of a state jail felony punishable under Section 12.35(a) that the defendant has previously been finally convicted of two state jail felonies punishable under Section 12.35(a), on conviction the defendant shall be punished for a felony of the third degree.

(b) If it is shown on the trial of a state jail felony punishable under Section 12.35(a) that the defendant has previously been finally convicted of two felonies other than a state jail felony punishable under Section 12.35(a), and the second previous felony conviction is for an offense that occurred subsequent to the first previous conviction having become final, on conviction the defendant shall be punished for a felony of the second degree.

(c) If it is shown on the trial of a state jail felony for which punishment may be enhanced under Section 12.35(c) that the defendant has previously been finally convicted of a felony other than a state jail felony punishable under Section 12.35(a), on conviction the defendant shall be punished for a felony of the second degree.

CREDIT(S)

Added by Acts 2011, 82nd Leg., ch. 834 (H.B. 3384), § 5, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.43

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter D. Exceptional Sentences (Refs & Annos)

§ 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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, § 2, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 564, § 1, eff. Sept. 1, 1999.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.44

Effective: September 1, 2005

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter D. Exceptional Sentences (Refs & Annos)

§ 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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1989, 71st Leg., ch. 785, § 4.02, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, § 3, eff. Sept. 1, 1995; Acts 2005, 79th Leg., ch. 1276, § 1, eff. Sept. 1, 2005.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.45

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter D. Exceptional Sentences (Refs & Annos)

§ 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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 4131, ch. 649, § 1, eff. Aug. 29, 1983; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.46

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter D. Exceptional Sentences (Refs & Annos)

§ 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.

CREDIT(S)

Added by Acts 1979, 66th Leg., p. 1027, ch. 459, § 1, eff. June 7, 1979. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.47

Effective: September 1, 2001

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter D. Exceptional Sentences (Refs & Annos)

§ 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 § 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.

CREDIT(S)

Added by Acts 1993, 73rd Leg., ch. 987, § 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 751, § 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 85, § 1.01, eff. Sept. 1, 2001.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.48

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter D. Exceptional Sentences (Refs & Annos)

§ 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, [FN1] 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.

CREDIT(S)

Added by Acts 1999, 76th Leg., ch. 439, § 4, eff. Sept. 1, 1999.

[FN1] V.T.C.A., Health and Safety Code § 242.091 et seq.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.49

Effective: September 1, 2001

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter D. Exceptional Sentences (Refs & Annos)

§ 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, [FN1] 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.

CREDIT(S)

Added by Acts 1999, 76th Leg., ch. 417, § 2(a), eff. Sept. 1, 1999. Renumbered from V.T.C.A., Penal Code § 12.48 and amended by Acts 2001, 77th Leg., ch. 1420, §§ 21.001(93), 21.002(15), eff. Sept. 1, 2001.

[FN1] V.T.C.A., Penal Code § 19.01 et seq.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.50

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter D. Exceptional Sentences (Refs & Annos)

§ 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

(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.

CREDIT(S)

Added by Acts 2009, 81st Leg., ch. 731, § 1, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 12.51

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 3. Punishments (Refs & Annos)

Chapter 12. Punishments

Subchapter E. Corporations and Associations

§ 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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 1917, ch. 768, § 1, eff. June 16, 1977; Acts 1987, 70th Leg., ch. 1085, § 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 4, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 4. Inchoate Offenses

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 4, Ch. 15, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 4. Inchoate Offenses

Chapter 15. Preparatory Offenses

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 15.01

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 4. Inchoate Offenses (Refs & Annos)

Chapter 15. Preparatory Offenses (Refs & Annos)

§ 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.

(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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 478, ch. 203, § 4, eff. Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 15.02

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 4. Inchoate Offenses (Refs & Annos)

Chapter 15. Preparatory Offenses (Refs & Annos)

§ 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.

(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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 15.03

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 4. Inchoate Offenses (Refs & Annos)

Chapter 15. Preparatory Offenses (Refs & Annos)

§ 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.

(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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 462, § 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 15.031

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 4. Inchoate Offenses (Refs & Annos)

Chapter 15. Preparatory Offenses (Refs & Annos)

§ 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 20A.02(a)(7) or (8), 21.02, 21.11, 22.011, 22.021, 43.02, 43.05(a)(2), 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, except that an offense under this section is the same category as the solicited offense if it is shown on the trial of the offense that the actor:

(1) was at the time of the offense 17 years of age or older and a member of a criminal street gang, as defined by Section 71.01; and

(2) committed the offense with the intent to:

(A) further the criminal activities of the criminal street gang; or

(B) avoid detection as a member of a criminal street gang.

(f) In this section, “minor” means an individual younger than 17 years of age.

CREDIT(S)

Added by Acts 1995, 74th Leg., ch. 262, § 79, eff. Jan. 1, 1996. Amended by Acts 1999, 76th Leg., ch. 1415, § 22(a), eff. Sept. 1, 1999; Acts 2007, 80th Leg., ch. 593, § 3.49, eff. Sept. 1, 2007; Acts 2009, 81st Leg., ch. 1130, § 2, eff. Sept. 1, 2009; Acts 2011, 82nd Leg., ch. 1 (S.B. 24), § 6.03, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 15.04

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 4. Inchoate Offenses (Refs & Annos)

Chapter 15. Preparatory Offenses (Refs & Annos)

§ 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.

(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.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 15.05

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 4. Inchoate Offenses (Refs & Annos)

Chapter 15. Preparatory Offenses (Refs & Annos)

§ 15.05. No Offense

Attempt or conspiracy to commit, or solicitation of, a preparatory offense defined in this chapter is not an offense.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 4, Ch. 16, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 4. Inchoate Offenses

Chapter 16. Criminal Instruments, Interception of Wire or Oral Communication, and Installation of Tracking Device

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 16.01

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 4. Inchoate Offenses (Refs & Annos)

Chapter 16. Criminal Instruments, Interception of Wire or Oral Communication, and Installation of Tracking Device (Refs & Annos)

§ 16.01. Unlawful Use of Criminal Instrument or Mechanical Security Device

(a) A person commits an offense if:

(1) the person possesses a criminal instrument or mechanical security device with the intent to use the instrument or device in the commission of an offense; or

(2) with knowledge of its character and with the intent to use a criminal instrument or mechanical security device or aid or permit another to use the instrument or device in the commission of an offense, the person manufactures, adapts, sells, installs, or sets up the instrument or device.

(b) For the purpose of this section:

(1) “Criminal instrument” means anything, the possession, manufacture, or sale of which is not otherwise an offense, that is specially designed, made, or adapted for use in the commission of an offense.

(2) “Mechanical security device” means a device designed or manufactured for use by a locksmith to perform services for a customer who seeks entry to a structure, motor vehicle, or other property.

(c) An offense under Subsection (a)(1) is one category lower than the offense intended. An offense under Subsection (a)(2) is a state jail felony.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 913, ch. 342, § 7, eff. Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2011, 82nd Leg., ch. 814 (H.B. 2577), § 1, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 16.02

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 4. Inchoate Offenses (Refs & Annos)

Chapter 16. Criminal Instruments, Interception of Wire or Oral Communication, and Installation of Tracking Device (Refs & Annos)

§ 16.02. Unlawful Interception, Use, or Disclosure of Wire, Oral, or Electronic Communications

(a) In this section, “computer trespasser,” “covert entry,” “communication common carrier,” “contents,” “electronic communication,” “electronic, mechanical, or other device,” “immediate life-threatening situation,” “intercept,” “investigative or law enforcement officer,” “member of a law enforcement unit specially trained to respond to and deal with life-threatening situations,” “oral communication,” “protected computer,” “readily accessible to the general public,” and “wire communication” have the meanings given those terms in Article 18.20, Code of Criminal Procedure.

(b) A person commits an offense if the person:

(1) intentionally intercepts, endeavors to intercept, or procures another person to intercept or endeavor to intercept a wire, oral, or electronic communication;

(2) intentionally discloses or endeavors to disclose to another person the contents of a wire, oral, or electronic communication if the person knows or has reason to know the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;

(3) intentionally uses or endeavors to use the contents of a wire, oral, or electronic communication if the person knows or is reckless about whether the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;

(4) knowingly or intentionally effects a covert entry for the purpose of intercepting wire, oral, or electronic communications without court order or authorization; or

(5) intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when the device:

(A) is affixed to, or otherwise transmits a signal through a wire, cable, or other connection used in wire communications; or

(B) transmits communications by radio or interferes with the transmission of communications by radio.

(1) an operator of a switchboard or an officer, employee, or agent of a communication common carrier whose facilities are used in the transmission of a wire or electronic communication intercepts a communication or discloses or uses an intercepted communication in the normal course of employment while engaged in an activity that is a necessary incident to the rendition of service or to the protection of the rights or property of the carrier of the communication, unless the interception results from the communication common carrier's use of service observing or random monitoring for purposes other than mechanical or service quality control checks;

(2) an officer, employee, or agent of a communication common carrier provides information, facilities, or technical assistance to an investigative or law enforcement officer who is authorized as provided by this section to intercept a wire, oral, or electronic communication;

(3) a person acting under color of law intercepts:

(A) a wire, oral, or electronic communication, if the person is a party to the communication or if one of the parties to the communication has given prior consent to the interception;

(B) a wire, oral, or electronic communication, if the person is acting under the authority of Article 18.20, Code of Criminal Procedure; or

(C) a wire or electronic communication made by a computer trespasser and transmitted to, through, or from a protected computer, if:

(i) the interception did not acquire a communication other than one transmitted to or from the computer trespasser;

(ii) the owner of the protected computer consented to the interception of the computer trespasser's communications on the protected computer; and

(iii) actor was lawfully engaged in an ongoing criminal investigation and the actor had reasonable suspicion to believe that the contents of the computer trespasser's communications likely to be obtained would be material to the investigation;

(4) a person not acting under color of law intercepts a wire, oral, or electronic communication, if:

(A) the person is a party to the communication; or

(B) one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing an unlawful act;

(5) a person acting under color of law intercepts a wire, oral, or electronic communication if:

(A) oral or written consent for the interception is given by a magistrate before the interception;

(B) an immediate life-threatening situation exists;

(i) respond to and deal with life-threatening situations; or

(ii) install electronic, mechanical, or other devices; and

(D) the interception ceases immediately on termination of the life-threatening situation;

(6) an officer, employee, or agent of the Federal Communications Commission intercepts a communication transmitted by radio or discloses or uses an intercepted communication in the normal course of employment and in the discharge of the monitoring responsibilities exercised by the Federal Communications Commission in the enforcement of Chapter 5, Title 47, United States Code; [FN1]

(7) a person intercepts or obtains access to an electronic communication that was made through an electronic communication system that is configured to permit the communication to be readily accessible to the general public;

(8) a person intercepts radio communication, other than a cordless telephone communication that is transmitted between a cordless telephone handset and a base unit, that is transmitted:

(A) by a station for the use of the general public;

(B) to ships, aircraft, vehicles, or persons in distress;

(C) by a governmental, law enforcement, civil defense, private land mobile, or public safety communications system that is readily accessible to the general public, unless the radio communication is transmitted by a law enforcement representative to or from a mobile data terminal;

(D) by a station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or

(E) by a marine or aeronautical communications system;

(9) a person intercepts a wire or electronic communication the transmission of which causes harmful interference to a lawfully operating station or consumer electronic equipment, to the extent necessary to identify the source of the interference;

(10) a user of the same frequency intercepts a radio communication made through a system that uses frequencies monitored by individuals engaged in the provision or the use of the system, if the communication is not scrambled or encrypted; or

(11) a provider of electronic communications service records the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service towards the completion of the communication, or a user of that service from fraudulent, unlawful, or abusive use of the service.

(d) A person commits an offense if the person:

(1) intentionally manufactures, assembles, possesses, or sells an electronic, mechanical, or other device knowing or having reason to know that the device is designed primarily for nonconsensual interception of wire, electronic, or oral communications and that the device or a component of the device has been or will be used for an unlawful purpose; or

(2) places in a newspaper, magazine, handbill, or other publication an advertisement of an electronic, mechanical, or other device:

(A) knowing or having reason to know that the device is designed primarily for nonconsensual interception of wire, electronic, or oral communications;

(B) promoting the use of the device for the purpose of nonconsensual interception of wire, electronic, or oral communications; or

(C) knowing or having reason to know that the advertisement will promote the use of the device for the purpose of nonconsensual interception of wire, electronic, or oral communications.

(e) It is an affirmative defense to prosecution under Subsection (d) that the manufacture, assembly, possession, or sale of an electronic, mechanical, or other device that is designed primarily for the purpose of nonconsensual interception of wire, electronic, or oral communication is by:

(1) a communication common carrier or a provider of wire or electronic communications service or an officer, agent, or employee of or a person under contract with a communication common carrier or provider acting in the normal course of the provider's or communication carrier's business;

(2) an officer, agent, or employee of a person under contract with, bidding on contracts with, or doing business with the United States or this state acting in the normal course of the activities of the United States or this state;

(3) a member of the Department of Public Safety who is specifically trained to install wire, oral, or electronic communications intercept equipment; or

(4) a member of a local law enforcement agency that has an established unit specifically designated to respond to and deal with life-threatening situations.

(e-1) It is a defense to prosecution under Subsection (d)(1) that the electronic, mechanical, or other device is possessed by a person authorized to possess the device under Section 500.008, Government Code, or Section 242.103, Human Resources Code.

(f) An offense under this section is a felony of the second degree, unless the offense is committed under Subsection (d) or (g), in which event the offense is a state jail felony.

(g) A person commits an offense if, knowing that a government attorney or an investigative or law enforcement officer has been authorized or has applied for authorization to intercept wire, electronic, or oral communications, the person obstructs, impedes, prevents, gives notice to another of, or attempts to give notice to another of the interception.

(h) Repealed by Acts 2005, 79th Leg., ch. 889, § 1.

CREDIT(S)

Added by Acts 1981, 67th Leg., p. 738, ch. 275, § 2, eff. Aug. 31, 1981. Amended by Acts 1983, 68th Leg., p. 4878, ch. 864, §§ 1 to 3, eff. June 19, 1983; Acts 1989, 71st Leg., ch. 1166, § 16, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 790, § 16, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1051, § 9, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1270, § 11, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 678, § 1, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 889, § 1, eff. June 17, 2005; Acts 2009, 81st Leg., ch. 1169, § 9, eff. Sept. 1, 2009; Acts 2011, 82nd Leg., ch. 85 (S.B. 653), § 3.023, eff. Sept. 1, 2011.

[FN1] 47 U.S.C.A. § 151.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 16.021

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 4. Inchoate Offenses (Refs & Annos)

Chapter 16. Criminal Instruments, Interception of Wire or Oral Communication, and Installation of Tracking Device (Refs & Annos)

§ 16.021. Deleted by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 16.03

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 4. Inchoate Offenses (Refs & Annos)

Chapter 16. Criminal Instruments, Interception of Wire or Oral Communication, and Installation of Tracking Device (Refs & Annos)

§ 16.03. Unlawful Use of Pen Register or Trap and Trace Device

(a) A person commits an offense if the person knowingly installs or uses a pen register or trap and trace device to record or decode electronic or other impulses for the purpose of identifying telephone numbers dialed or otherwise transmitted on a telephone line.

(b) In this section, “authorized peace officer,” “communications common carrier,” “pen register,” and “trap and trace device” have the meanings assigned by Article 18.21, Code of Criminal Procedure.

(1) an officer, employee, or agent of a communications common carrier and the actor installs or uses a device or equipment to record a number dialed from or to a telephone instrument in the normal course of business of the carrier for purposes of:

(A) protecting property or services provided by the carrier; or

(B) assisting another who the actor reasonably believes to be a peace officer authorized to install or use a pen register or trap and trace device under Article 18.21, Code of Criminal Procedure;

(2) an officer, employee, or agent of a lawful enterprise and the actor installs or uses a device or equipment while engaged in an activity that:

(A) is a necessary incident to the rendition of service or to the protection of property of or services provided by the enterprise; and

(B) is not made for the purpose of gathering information for a law enforcement agency or private investigative agency, other than information related to the theft of communication or information services provided by the enterprise; or

(3) a person authorized to install or use a pen register or trap and trace device under Article 18.21, Code of Criminal Procedure.

(d) An offense under this section is a state jail felony.

CREDIT(S)

Added by Acts 1985, 69th Leg., ch. 587, § 6, eff. Aug. 26, 1985. Amended by Acts 1989, 71st Leg., ch. 958, § 2, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1051, § 10, eff. Sept. 1, 1997.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 16.04

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 4. Inchoate Offenses (Refs & Annos)

Chapter 16. Criminal Instruments, Interception of Wire or Oral Communication, and Installation of Tracking Device (Refs & Annos)

§ 16.04. Unlawful Access to Stored Communications

(a) In this section, “electronic communication,” “electronic storage,” “user,” and “wire communication” have the meanings assigned to those terms in Article 18.21, Code of Criminal Procedure.

(b) A person commits an offense if the person obtains, alters, or prevents authorized access to a wire or electronic communication while the communication is in electronic storage by:

(1) intentionally obtaining access without authorization to a facility through which a wire or electronic communications service is provided; or

(2) intentionally exceeding an authorization for access to a facility through which a wire or electronic communications service is provided.

(d) If committed to obtain a benefit or to harm another, an offense is a state jail felony.

(e) It is an affirmative defense to prosecution under Subsection (b) that the conduct was authorized by:

(1) the provider of the wire or electronic communications service;

(2) the user of the wire or electronic communications service;

(3) the addressee or intended recipient of the wire or electronic communication; or

(4) Article 18.21, Code of Criminal Procedure.

CREDIT(S)

Added by Acts 1989, 71st Leg., ch. 958, § 3, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1051, § 11, eff. Sept. 1, 1997.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 16.05

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 4. Inchoate Offenses (Refs & Annos)

Chapter 16. Criminal Instruments, Interception of Wire or Oral Communication, and Installation of Tracking Device (Refs & Annos)

§ 16.05. Illegal Divulgence of Public Communications

(a) In this section, “electronic communication,” “electronic communications service,” and “electronic communications system” have the meanings given those terms in Article 18.20, Code of Criminal Procedure.

(b) A person who provides electronic communications service to the public commits an offense if the person knowingly divulges the contents of a communication to another who is not the intended recipient of the communication.

(c) It is an affirmative defense to prosecution under Subsection (b) that the actor divulged the contents of the communication:

(1) as authorized by federal or state law;

(2) to a person employed, authorized, or whose facilities are used to forward the communication to the communication's destination; or

(3) to a law enforcement agency if the contents reasonably appear to pertain to the commission of a crime.

(d) Except as provided by Subsection (e), an offense under Subsection (b) that involves a scrambled or encrypted radio communication is a state jail felony.

(e) If committed for a tortious or illegal purpose or to gain a benefit, an offense under Subsection (b) that involves a radio communication that is not scrambled or encrypted:

(1) is a Class A misdemeanor if the communication is not a public land mobile radio service communication or a paging service communication; or

(2) is a Class C misdemeanor if the communication is a public land mobile radio service communication or a paging service communication.

(f) Repealed by Acts 1997, 75th Leg., ch. 1051, § 13, eff. Sept. 1, 1997.

CREDIT(S)

Added by Acts 1989, 71st Leg., ch. 1166, § 17, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Penal Code § 16.04 by Acts 1990, 71st Leg., 6th C.S., ch. 12, § 2(24), eff. Sept. 6, 1990. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1051, §§ 12, 13, eff. Sept. 1, 1997.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 16.06

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 4. Inchoate Offenses (Refs & Annos)

Chapter 16. Criminal Instruments, Interception of Wire or Oral Communication, and Installation of Tracking Device (Refs & Annos)

§ 16.06. Unlawful Installation of Tracking Device

(a) In this section:

(1) “Electronic or mechanical tracking device” means a device capable of emitting an electronic frequency or other signal that may be used by a person to identify, monitor, or record the location of another person or object.

(2) “Motor vehicle” has the meaning assigned by Section 501.002, Transportation Code.

(b) A person commits an offense if the person knowingly installs an electronic or mechanical tracking device on a motor vehicle owned or leased by another person.

(d) It is an affirmative defense to prosecution under this section that the person:

(1) obtained the effective consent of the owner or lessee of the motor vehicle before the electronic or mechanical tracking device was installed;

(2) assisted another whom the person reasonably believed to be a peace officer authorized to install the device in the course of a criminal investigation or pursuant to an order of a court to gather information for a law enforcement agency; or

(3) was a private investigator licensed under Chapter 1702, Occupations Code, who installed the device:

(A) with written consent:

(i) to install the device given by the owner or lessee of the motor vehicle; and

(ii) to enter private residential property, if that entry was necessary to install the device, given by the owner or lessee of the property; or

(B) pursuant to an order of or other authorization from a court to gather information.

(e) This section does not apply to a peace officer who installed the device in the course of a criminal investigation or pursuant to an order of a court to gather information for a law enforcement agency.

CREDIT(S)

Added by Acts 1999, 76th Leg., ch. 728, § 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, § 14.828, eff. Sept. 1, 2001; Acts 2009, 81st Leg., ch. 1122, § 1, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 5, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 5. Offenses Against the Person

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 5, Ch. 19, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 5. Offenses Against the Person

Chapter 19. Criminal Homicide

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 19.01

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 19. Criminal Homicide (Refs & Annos)

§ 19.01. Types of Criminal Homicide

(a) A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual.

(b) Criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, § 1, eff. Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 19.02

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 19. Criminal Homicide (Refs & Annos)

§ 19.02. Murder

(a) In this section:

(1) “Adequate cause” means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.

(2) “Sudden passion” means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.

(b) A person commits an offense if he:

(1) intentionally or knowingly causes the death of an individual;

(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or

(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

CREDIT(S)

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 19.03

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 19. Criminal Homicide (Refs & Annos)

§ 19.03. Capital Murder

(a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and:

(1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;

(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6);

(3) the person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration;

(4) the person commits the murder while escaping or attempting to escape from a penal institution;

(5) the person, while incarcerated in a penal institution, murders another:

(A) who is employed in the operation of the penal institution; or

(B) with the intent to establish, maintain, or participate in a combination or in the profits of a combination;

(6) the person:

(A) while incarcerated for an offense under this section or Section 19.02, murders another; or

(B) while serving a sentence of life imprisonment or a term of 99 years for an offense under Section 20.04, 22.021, or 29.03, murders another;

(7) the person murders more than one person:

(A) during the same criminal transaction; or

(B) during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct;

(8) the person murders an individual under 10 years of age; or

(9) the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court.

(b) An offense under this section is a capital felony.

(c) If the jury or, when authorized by law, the judge does not find beyond a reasonable doubt that the defendant is guilty of an offense under this section, he may be convicted of murder or of any other lesser included offense.

CREDIT(S)

Added by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 5317, ch. 977, § 6, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 44, § 1, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 652, § 13, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 715, § 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 887, § 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 388, § 1, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 428, § 1, eff. Sept. 1, 2005; Acts 2011, 82nd Leg., ch. 1209 (S.B. 377), § 1, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 19.04

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 19. Criminal Homicide (Refs & Annos)

§ 19.04. Manslaughter

(a) A person commits an offense if he recklessly causes the death of an individual.

(b) An offense under this section is a felony of the second degree.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Renumbered from V.T.C.A., Penal Code § 19.04 by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 307, § 1, eff. Sept. 1, 1987. Renumbered from V.T.C.A., Penal Code § 19.05 and amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 19.05

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 19. Criminal Homicide (Refs & Annos)

§ 19.05. Criminally Negligent Homicide

(a) A person commits an offense if he causes the death of an individual by criminal negligence.

(b) An offense under this section is a state jail felony.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Renumbered from V.T.C.A., Penal Code § 19.06 by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, § 1, eff. Jan. 1, 1974. Renumbered from V.T.C.A., Penal Code § 19.07 and amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 19.06

Effective: September 1, 2003

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 19. Criminal Homicide (Refs & Annos)

§ 19.06. Applicability to Certain Conduct

This chapter does not apply to the death of an unborn child if the conduct charged is:

(1) conduct committed by the mother of the unborn child;

(2) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent, if the death of the unborn child was the intended result of the procedure;

(3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code; or

(4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law.

CREDIT(S)

Added by Acts 2003, 78th Leg., ch. 822, § 2.02, eff. Sept. 1, 2003.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 19.07

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 19. Criminal Homicide (Refs & Annos)

§ 19.07. Renumbered as V.T.C.A., Penal Code § 19.05 by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 5, Ch. 20, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 5. Offenses Against the Person

Chapter 20. Kidnapping, Unlawful Restraint, and Smuggling of Persons

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 20.01

Effective: September 1, 2003

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 20. Kidnapping, Unlawful Restraint, and Smuggling of Persons (Refs & Annos)

§ 20.01. Definitions

In this chapter:

(1) “Restrain” means to restrict a person's movements without consent, so as to interfere substantially with the person's liberty, by moving the person from one place to another or by confining the person. Restraint is “without consent” if it is accomplished by:

(A) force, intimidation, or deception; or

(B) any means, including acquiescence of the victim, if:

(i) the victim is a child who is less than 14 years of age or an incompetent person and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement or confinement; or

(ii) the victim is a child who is 14 years of age or older and younger than 17 years of age, the victim is taken outside of the state and outside a 120-mile radius from the victim's residence, and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement.

(2) “Abduct” means to restrain a person with intent to prevent his liberation by:

(A) secreting or holding him in a place where he is not likely to be found; or

(B) using or threatening to use deadly force.

(3) “Relative” means a parent or stepparent, ancestor, sibling, or uncle or aunt, including an adoptive relative of the same degree through marriage or adoption.

(4) “Person” means an individual, corporation, or association.

(5) Notwithstanding Section 1.07, “individual” means a human being who has been born and is alive.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 790, § 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 822, § 2.03, eff. Sept. 1, 2003.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 20.02

Effective: September 1, 2001

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 20. Kidnapping, Unlawful Restraint, and Smuggling of Persons (Refs & Annos)

§ 20.02. Unlawful Restraint

(a) A person commits an offense if he intentionally or knowingly restrains another person.

(b) It is an affirmative defense to prosecution under this section that:

(1) the person restrained was a child younger than 14 years of age;

(2) the actor was a relative of the child; and

(3) the actor's sole intent was to assume lawful control of the child.

(1) a state jail felony if the person restrained was a child younger than 17 years of age; or

(2) a felony of the third degree if:

(A) the actor recklessly exposes the victim to a substantial risk of serious bodily injury;

(B) the actor restrains an individual the actor knows is a public servant while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; or

(d) It is no offense to detain or move another under this section when it is for the purpose of effecting a lawful arrest or detaining an individual lawfully arrested.

(e) It is an affirmative defense to prosecution under this section that:

(1) the person restrained was a child who is 14 years of age or older and younger than 17 years of age;

(2) the actor does not restrain the child by force, intimidation, or deception; and

(3) the actor is not more than three years older than the child.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 707, §§ 1(b), 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 790, § 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 524, § 1, eff. Sept. 1, 2001.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 20.03

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 20. Kidnapping, Unlawful Restraint, and Smuggling of Persons (Refs & Annos)

§ 20.03. Kidnapping

(a) A person commits an offense if he intentionally or knowingly abducts another person.

(b) It is an affirmative defense to prosecution under this section that:

(1) the abduction was not coupled with intent to use or to threaten to use deadly force;

(2) the actor was a relative of the person abducted; and

(3) the actor's sole intent was to assume lawful control of the victim.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 20.04

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 20. Kidnapping, Unlawful Restraint, and Smuggling of Persons (Refs & Annos)

§ 20.04. Aggravated Kidnapping

(a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to:

(1) hold him for ransom or reward;

(2) use him as a shield or hostage;

(3) facilitate the commission of a felony or the flight after the attempt or commission of a felony;

(4) inflict bodily injury on him or violate or abuse him sexually;

(5) terrorize him or a third person; or

(6) interfere with the performance of any governmental or political function.

(b) A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense.

(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he voluntarily released the victim in a safe place. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, § 4, eff. Sept. 1, 1995.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 20.05

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 20. Kidnapping, Unlawful Restraint, and Smuggling of Persons (Refs & Annos)

§ 20.05. Smuggling of Persons

(a) A person commits an offense if the person intentionally uses a motor vehicle, aircraft, or watercraft to transport an individual with the intent to:

(1) conceal the individual from a peace officer or special investigator; or

(2) flee from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor.

(b) Except as provided by Subsection (c), an offense under this section is a state jail felony.

(1) for pecuniary benefit; or

(2) in a manner that creates a substantial likelihood that the transported individual will suffer serious bodily injury or death.

(d) It is an affirmative defense to prosecution under this section that the actor is related to the transported individual within the second degree of consanguinity or, at the time of the offense, within the second degree of affinity.

(e) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.

CREDIT(S)

Added by Acts 1999, 76th Leg., ch. 1014, § 1, eff. Sept. 1, 1999. Amended by Acts 2011, 82nd Leg., ch. 223 (H.B. 260), § 2, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 20A.01

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 20A. Trafficking of Persons

§ 20A.01. Definitions

In this chapter:

(1) “Child” means a person younger than 18 years of age.

(2) “Forced labor or services” means labor or services, other than labor or services that constitute sexual conduct, that are performed or provided by another person and obtained through an actor's use of force, fraud, or coercion.

(3) “Sexual conduct” has the meaning assigned by Section 43.25.

(4) “Traffic” means to transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means.

CREDIT(S)

Added by Acts 2003, 78th Leg., ch. 641, § 2, eff. Sept. 1, 2003. Amended by Acts 2007, 80th Leg., ch. 258, § 16.01, eff. Sept. 1, 2007; Acts 2007, 80th Leg., ch. 849, § 4, eff. June 15, 2007; Acts 2011, 82nd Leg., ch. 1 (S.B. 24), § 1.01, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 20A.02

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 20A. Trafficking of Persons

§ 20A.02. Trafficking of Persons

(a) A person commits an offense if the person knowingly:

(1) traffics another person with the intent that the trafficked person engage in forced labor or services;

(2) receives a benefit from participating in a venture that involves an activity described by Subdivision (1), including by receiving labor or services the person knows are forced labor or services;

(3) traffics another person and, through force, fraud, or coercion, causes the trafficked person to engage in conduct prohibited by:

(A) Section 43.02 (Prostitution);

(B) Section 43.03 (Promotion of Prostitution);

(D) Section 43.05 (Compelling Prostitution);

(4) receives a benefit from participating in a venture that involves an activity described by Subdivision (3) or engages in sexual conduct with a person trafficked in the manner described in Subdivision (3);

(5) traffics a child with the intent that the trafficked child engage in forced labor or services;

(6) receives a benefit from participating in a venture that involves an activity described by Subdivision (5), including by receiving labor or services the person knows are forced labor or services;

(7) traffics a child and by any means causes the trafficked child to engage in, or become the victim of, conduct prohibited by:

(A) Section 21.02 (Continuous Sexual Abuse of Young Child or Children);

(B) Section 21.11 (Indecency with a Child);

(D) Section 22.021 (Aggravated Sexual Assault);

(E) Section 43.02 (Prostitution);

(F) Section 43.03 (Promotion of Prostitution);

(G) Section 43.04 (Aggravated Promotion of Prostitution);

(H) Section 43.05 (Compelling Prostitution);

(I) Section 43.25 (Sexual Performance by a Child);

(J) Section 43.251 (Employment Harmful to Children); or

(K) Section 43.26 (Possession or Promotion of Child Pornography); or

(8) receives a benefit from participating in a venture that involves an activity described by Subdivision (7) or engages in sexual conduct with a child trafficked in the manner described in Subdivision (7).

(b) Except as otherwise provided by this subsection, an offense under this section is a felony of the second degree. An offense under this section is a felony of the first degree if:

(1) the applicable conduct constitutes an offense under Subsection (a)(5), (6), (7), or (8), regardless of whether the actor knows the age of the child at the time the actor commits the offense; or

(2) the commission of the offense results in the death of the person who is trafficked.

(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.

(d) If the victim of an offense under Subsection (a)(7)(A) is the same victim as a victim of an offense under Section 21.02, a defendant may not be convicted of the offense under Section 21.02 in the same criminal action as the offense under Subsection (a)(7)(A) unless the offense under Section 21.02:

(1) is charged in the alternative;

(2) occurred outside the period in which the offense alleged under Subsection (a)(7)(A) was committed; or

(3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a)(7)(A).

CREDIT(S)

Added by Acts 2003, 78th Leg., ch. 641, § 2, eff. Sept. 1, 2003. Amended by Acts 2007, 80th Leg., ch. 258, § 16.02, eff. Sept. 1, 2007; Acts 2007, 80th Leg. ch. 849, § 5, eff. June 15, 2007; Acts 2009, 81st Leg., ch. 1002, § 7, eff. Sept. 1, 2009; Acts 2011, 82nd Leg., ch. 1 (S.B. 24), § 1.02, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 20A.03

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 20A. Trafficking of Persons

§ 20A.03. Continuous Trafficking of Persons

(a) A person commits an offense if, during a period that is 30 or more days in duration, the person engages two or more times in conduct that constitutes an offense under Section 20A.02.

(b) If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific conduct engaged in by the defendant constituted an offense under Section 20A.02 or on which exact date the defendant engaged in that conduct. The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, engaged in conduct that constituted an offense under Section 20A.02.

(c) If the victim of an offense under Subsection (a) is the same victim as a victim of an offense under Section 20A.02, a defendant may not be convicted of the offense under Section 20A.02 in the same criminal action as the offense under Subsection (a), unless the offense under Section 20A.02:

(1) is charged in the alternative;

(2) occurred outside the period in which the offense alleged under Subsection (a) was committed; or

(3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a).

(d) A defendant may not be charged with more than one count under Subsection (a) if all of the conduct that constitutes an offense under Section 20A.02 is alleged to have been committed against the same victim.

(e) An offense under this section is a felony of the first degree, punishable 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.

CREDIT(S)

Added by Acts 2011, 82nd Leg., ch. 122 (H.B. 3000), § 1, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 5, Ch. 21, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 5. Offenses Against the Person

Chapter 21. Sexual Offenses

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 21.01

Effective: September 1, 2005

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 21. Sexual Offenses (Refs & Annos)

§ 21.01. Definitions

In this chapter:

(1) “Deviate sexual intercourse” means:

(A) any contact between any part of the genitals of one person and the mouth or anus of another person; or

(B) the penetration of the genitals or the anus of another person with an object.

(2) “Sexual contact” means, except as provided by Section 21.11, any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.

(3) “Sexual intercourse” means any penetration of the female sex organ by the male sex organ.

(4) “Spouse” means a person to whom a person is legally married under Subtitle A, Title 1, Family Code, [FN1] or a comparable law of another jurisdiction.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 373, ch. 168, § 1, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 203, ch. 96, § 3, eff. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 739, § 1, eff. Sept. 1, 2001; Acts 2005, 79th Leg., ch. 268, § 1.124, eff. Sept. 1, 2005.

[FN1] V.T.C.A., Family Code § 1.001 et seq.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 21.02

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 21. Sexual Offenses (Refs & Annos)

§ 21.02. Continuous Sexual Abuse of Young Child or Children

(a) In this section, “child” has the meaning assigned by Section 22.011(c).

(b) A person commits an offense if:

(1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and

(2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age.

(c) For purposes of this section, “act of sexual abuse” means any act that is a violation of one or more of the following penal laws:

(1) aggravated kidnapping under Section 20.04(a)(4), if the actor committed the offense with the intent to violate or abuse the victim sexually;

(2) indecency with a child under Section 21.11(a)(1), if the actor committed the offense in a manner other than by touching, including touching through clothing, the breast of a child;

(3) sexual assault under Section 22.011;

(4) aggravated sexual assault under Section 22.021;

(5) burglary under Section 30.02, if the offense is punishable under Subsection (d) of that section and the actor committed the offense with the intent to commit an offense listed in Subdivisions (1)-(4);

(6) sexual performance by a child under Section 43.25;

(7) trafficking of persons under Section 20A.02(a)(7) or (8); and

(8) compelling prostitution under Section 43.05(a)(2).

(d) If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific acts of sexual abuse were committed by the defendant or the exact date when those acts were committed. The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse.

(e) A defendant may not be convicted in the same criminal action of an offense listed under Subsection (c) the victim of which is the same victim as a victim of the offense alleged under Subsection (b) unless the offense listed in Subsection (c):

(1) is charged in the alternative;

(2) occurred outside the period in which the offense alleged under Subsection (b) was committed; or

(3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (b).

(f) A defendant may not be charged with more than one count under Subsection (b) if all of the specific acts of sexual abuse that are alleged to have been committed are alleged to have been committed against a single victim.

(g) It is an affirmative defense to prosecution under this section that the actor:

(1) was not more than five years older than:

(A) the victim of the offense, if the offense is alleged to have been committed against only one victim; or

(B) the youngest victim of the offense, if the offense is alleged to have been committed against more than one victim;

(2) did not use duress, force, or a threat against a victim at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense; and

(3) at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense:

(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or

(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section or an act of sexual abuse as described by Subsection (c).

(h) An offense under this section is a felony of the first degree, punishable 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.

CREDIT(S)

Added by Acts 2007, 80th Leg., ch. 593, § 1.17, eff. Sept. 1, 2007. Amended by Acts 2011, 82nd Leg., ch. 1 (S.B. 24), § 6.04, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 21.03

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 21. Sexual Offenses (Refs & Annos)

§§ 21.03 to 21.05. Repealed by Acts 1983, 68th Leg., ch. 977, § 12, eff. Sept. 1, 1983

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 21.04

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 21. Sexual Offenses (Refs & Annos)

§§ 21.03 to 21.05. Repealed by Acts 1983, 68th Leg., ch. 977, § 12, eff. Sept. 1, 1983

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 21.05

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 21. Sexual Offenses (Refs & Annos)

§§ 21.03 to 21.05. Repealed by Acts 1983, 68th Leg., ch. 977, § 12, eff. Sept. 1, 1983

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 21.06

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 21. Sexual Offenses (Refs & Annos)

§ 21.06. Homosexual Conduct

(a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex.

(b) An offense under this section is a Class C misdemeanor.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

VALIDITY

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 21.07

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 21. Sexual Offenses (Refs & Annos)

§ 21.07. Public Lewdness

(a) A person commits an offense if he knowingly engages in any of the following acts in a public place or, if not in a public place, he is reckless about whether another is present who will be offended or alarmed by his:

(1) act of sexual intercourse;

(2) act of deviate sexual intercourse;

(3) act of sexual contact; or

(4) act involving contact between the person's mouth or genitals and the anus or genitals of an animal or fowl.

(b) An offense under this section is a Class A misdemeanor.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 21.08

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 21. Sexual Offenses (Refs & Annos)

§ 21.08. Indecent Exposure

(a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.

(b) An offense under this section is a Class B misdemeanor.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 509, ch. 924, § 1, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 21.09

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 21. Sexual Offenses (Refs & Annos)

§§ 21.09, 21.10. Repealed by Acts 1983, 68th Leg., ch. 977, § 12, eff. Sept. 1, 1983

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 21.10

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 21. Sexual Offenses (Refs & Annos)

§§ 21.09, 21.10. Repealed by Acts 1983, 68th Leg., ch. 977, § 12, eff. Sept. 1, 1983

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 21.11

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 21. Sexual Offenses (Refs & Annos)

§ 21.11. Indecency With a Child

(a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex, the person:

(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or

(2) with intent to arouse or gratify the sexual desire of any person:

(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or

(B) causes the child to expose the child's anus or any part of the child's genitals.

(b) It is an affirmative defense to prosecution under this section that the actor:

(1) was not more than three years older than the victim and of the opposite sex;

(2) did not use duress, force, or a threat against the victim at the time of the offense; and

(3) at the time of the offense:

(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or

(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section.

(b-1) It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense.

(c) In this section, “sexual contact” means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:

(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or

(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.

(d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1981, 67th Leg., p. 472, ch. 202, § 3, eff. Sept. 1, 1981; Acts 1987, 70th Leg., ch. 1028, § 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 1415, § 23, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 739, § 2, eff. Sept. 1, 2001; Acts 2009, 81st Leg., ch. 260, § 1, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 21.12

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 21. Sexual Offenses (Refs & Annos)

§ 21.12. Improper Relationship Between Educator and Student

(a) An employee of a public or private primary or secondary school commits an offense if the employee:

(1) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works;

(2) holds a certificate or permit issued as provided by Subchapter B, Chapter 21, Education Code, or is a person who is required to be licensed by a state agency as provided by Section 21.003(b), Education Code, and engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person the employee knows is:

(A) enrolled in a public primary or secondary school in the same school district as the school at which the employee works; or

(B) a student participant in an educational activity that is sponsored by a school district or a public or private primary or secondary school, if:

(i) students enrolled in a public or private primary or secondary school are the primary participants in the activity; and

(ii) the employee provides education services to those participants; or

(3) engages in conduct described by Section 33.021, with a person described by Subdivision (1), or a person the employee knows is a person described by Subdivision (2)(A) or (B), regardless of the age of that person.

(b) An offense under this section is a felony of the second degree.

(b-1) It is an affirmative defense to prosecution under this section that:

(1) the actor was the spouse of the enrolled person at the time of the offense; or

(2) the actor was not more than three years older than the enrolled person and, at the time of the offense, the actor and the enrolled person were in a relationship that began before the actor's employment at a public or private primary or secondary school.

(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections.

(d) The name of a person who is enrolled in a public or private primary or secondary school and involved in an improper relationship with an educator as provided by Subsection (a) may not be released to the public and is not public information under Chapter 552, Government Code.

CREDIT(S)

Added by Acts 2003, 78th Leg., ch. 224, § 1, eff. Sept. 1, 2003. Amended by Acts 2007, 80th Leg., ch. 610, § 1, eff. Sept. 1, 2007; Acts 2007, 80th Leg., ch. 772, § 1, eff. Sept. 1, 2007; Acts 2009, 81st Leg., ch. 260, § 2, eff. Sept. 1, 2009; Acts 2011, 82nd Leg., ch. 761 (H.B. 1610), § 3, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 21.13

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 21. Sexual Offenses (Refs & Annos)

§ 21.13. Renumbered as V.T.C.A., Penal Code § 22.065 by Acts 1983, 68th Leg., ch. 977, § 4, eff. Sept. 1, 1983

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 21.14

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 21. Sexual Offenses (Refs & Annos)

§ 21.14. Deleted by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 21.15

Effective: September 1, 2007

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 21. Sexual Offenses (Refs & Annos)

§ 21.15. Improper Photography or Visual Recording

(a) In this section, “promote” has the meaning assigned by Section 43.21.

(b) A person commits an offense if the person:

(1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is not a bathroom or private dressing room:

(A) without the other person's consent; and

(B) with intent to arouse or gratify the sexual desire of any person;

(2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is a bathroom or private dressing room:

(A) without the other person's consent; and

(B) with intent to:

(i) invade the privacy of the other person; or

(ii) arouse or gratify the sexual desire of any person; or

(3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2).

(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.

(e) For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person's consent under that subdivision.

CREDIT(S)

Added by Acts 2001, 77th Leg., ch. 458, § 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 500, § 1, eff. Sept. 1, 2003; Acts 2007, 80th Leg., ch. 306, § 1, eff. Sept. 1, 2007.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 5, Ch. 22, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 5. Offenses Against the Person

Chapter 22. Assaultive Offenses

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 22.01

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 22. Assaultive Offenses (Refs & Annos)

§ 22.01. Assault

(a) A person commits an offense if the person:

(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;

(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or

(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

(b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against:

(1) a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;

(2) a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if:

(A) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; or

(B) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth;

(3) a person who contracts with government to perform a service in a facility as defined by Section 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an employee of that person:

(A) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by government to provide the service; or

(B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract;

(4) a person the actor knows is a security officer while the officer is performing a duty as a security officer; or

(5) a person the actor knows is emergency services personnel while the person is providing emergency services.

(b-1) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if:

(1) the offense is committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code;

(2) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; and

(3) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth.

(1) a Class A misdemeanor if the offense is committed under Subsection (a)(3) against an elderly individual or disabled individual, as those terms are defined by Section 22.04; or

(2) a Class B misdemeanor if the offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant either:

(A) while the participant is performing duties or responsibilities in the participant's capacity as a sports participant; or

(B) in retaliation for or on account of the participant's performance of a duty or responsibility within the participant's capacity as a sports participant.

(d) For purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant, a security officer, or emergency services personnel if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer or emergency services personnel.

(e) In this section:

(1) “Emergency services personnel” includes firefighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations.

(2) Repealed by Acts 2005, 79th Leg., ch. 788, § 6.

(3) “Security officer” means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.

(4) “Sports participant” means a person who participates in any official capacity with respect to an interscholastic, intercollegiate, or other organized amateur or professional athletic competition and includes an athlete, referee, umpire, linesman, coach, instructor, administrator, or staff member.

(f) For the purposes of Subsections (b)(2)(A) and (b-1)(2) :

(1) a defendant has been previously convicted of an offense listed in those subsections committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, 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 in those subsections is a conviction of the offense listed.

(g) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 2, §§ 12, 13, eff. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. 135, §§ 1, 2, eff. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. 164, § 2, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. 977, § 1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 1052, § 2.08, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 739, §§ 1 to 3, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 14, § 284(23) to (26), eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 334, § 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 366, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 165, § 27.01, eff. Sept. 1, 1997; Acts 1995, 74th Leg., ch. 318, § 5, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 659, § 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, §§ 27.01, 31.01(68), eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, § 15.02(a), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1158, § 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 294, § 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1019, §§ 1, 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1028, § 1, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 728, §§ 16.001, 16.002, eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 788, §§ 1, 2, 6, eff. Sept. 1, 2005; Acts 2007, 80th Leg., ch. 623, §§ 1, 2, eff. Sept. 1, 2007; Acts 2009, 81st Leg., ch. 427, § 1, eff. Sept. 1, 2009; Acts 2009, 81st Leg., ch. 665, § 2, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 22.011

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 22. Assaultive Offenses (Refs & Annos)

§ 22.011. Sexual Assault

(a) A person commits an offense if the person:

(1) intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;

(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or

(C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(2) intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of a child by any means;

(B) causes the penetration of the mouth of a child by the sexual organ of the actor;

(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

(b) A sexual assault under Subsection (a)(1) is without the consent of the other person if:

(1) the actor compels the other person to submit or participate by the use of physical force or violence;

(2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat;

(3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;

(4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;

(5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;

(6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge;

(7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;

(8) the actor is a public servant who coerces the other person to submit or participate;

(9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor;

(10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; or

(11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code.

(1) “Child” means a person younger than 17 years of age.

(2) “Spouse” means a person who is legally married to another.

(3) “Health care services provider” means:

(A) a physician licensed under Subtitle B, Title 3, Occupations Code; [FN1]

(B) a chiropractor licensed under Chapter 201, Occupations Code;

(D) a physician assistant licensed under Chapter 204, Occupations Code; or

(E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code.

(4) “Mental health services provider” means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a:

(A) licensed social worker as defined by Section 505.002, Occupations Code;

(B) chemical dependency counselor as defined by Section 504.001, Occupations Code;

(D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code;

(E) member of the clergy;

(F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or

(G) special officer for mental health assignment certified under Section 1701.404, Occupations Code.

(5) “Employee of a facility” means a person who is an employee of a facility defined by Section 250.001, Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer.

(d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party.

(e) It is an affirmative defense to prosecution under Subsection (a)(2):

(1) that the actor was the spouse of the child at the time of the offense; or

(2) that:

(A) the actor was not more than three years older than the victim and at the time of the offense:

(i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or

(ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and

(B) the victim:

(i) was a child of 14 years of age or older; and

(ii) was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.

(f) An offense under this section is a felony of the second degree, except that an offense under this section is a felony of the first degree if the victim was a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.

CREDIT(S)

Added by Acts 1983, 68th Leg., p. 5312, ch. 977, § 3, eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 557, § 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1029, § 1, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 662, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 273, § 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, § 6, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1031, §§ 1, 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1286, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1102, § 3, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1415, § 24, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, § 14.829, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 155, §§ 1, 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 528, § 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 553, § 2.017, eff. Feb. 1, 2004; Acts 2005, 79th Leg., ch. 268, § 4.02, eff. Sept. 1, 2005; Acts 2009, 81st Leg., ch. 260, §§ 3, 4, eff. Sept. 1, 2009.

[FN1] V.T.C.A., Occupations Code § 151.001 et seq.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 22.012

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 22. Assaultive Offenses (Refs & Annos)

§ 22.012. Deleted by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 22.015

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 22. Assaultive Offenses (Refs & Annos)

§ 22.015. Repealed by Acts 2009, 81st Leg., ch. 435, § 3, eff. Sept. 1, 2009

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 22.02

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 22. Assaultive Offenses (Refs & Annos)

§ 22.02. Aggravated Assault

(a) A person commits an offense if the person commits assault as defined in § 22.01 and the person:

(1) causes serious bodily injury to another, including the person's spouse; or

(2) uses or exhibits a deadly weapon during the commission of the assault.

(b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if:

(1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code;

(2) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed:

(A) by a public servant acting under color of the servant's office or employment;

(B) against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;

(C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; or

(D) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or

(3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and:

(A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle;

(B) is reckless as to whether the habitation, building, or vehicle is occupied; and

(c) The actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer.

(d) In this section, “security officer” means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 367, ch. 164, § 2, eff. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. 655, § 2, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. 79, § 1, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. 977, § 2, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 223, § 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 18, § 3, eff. April 14, 1987; Acts 1987, 70th Leg., ch. 1101, § 12, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 939, §§ 1 to 3, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 334, § 2, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 903, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1019, § 3, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 788, § 3, eff. Sept. 1, 2005; Acts 2009, 81st Leg., ch. 594, § 2, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 22.021

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 22. Assaultive Offenses (Refs & Annos)

§ 22.021. Aggravated Sexual Assault

(a) A person commits an offense:

(1) if the person:

(A) intentionally or knowingly:

(i) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;

(ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or

(iii) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(B) intentionally or knowingly:

(i) causes the penetration of the anus or sexual organ of a child by any means;

(ii) causes the penetration of the mouth of a child by the sexual organ of the actor;

(iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

(v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and

(2) if:

(A) the person:

(i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;

(ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;

(iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person;

(iv) uses or exhibits a deadly weapon in the course of the same criminal episode;

(v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or

(vi) administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense;

(B) the victim is younger than 14 years of age; or

(b) In this section:

(1) “Child” has the meaning assigned by Section 22.011(c).

(2) “Elderly individual” and “disabled individual” have the meanings assigned by Section 22.04(c).

(c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b).

(d) The defense provided by Section 22.011(d) applies to this section.

(e) An offense under this section is a felony of the first degree.

(f) The minimum term of imprisonment for an offense under this section is increased to 25 years if:

(1) the victim of the offense is younger than six years of age at the time the offense is committed; or

(2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A).

CREDIT(S)

Added by Acts 1983, 68th Leg., p. 5312, ch. 977, § 3, eff. Sept. 1, 1983. Amended by Acts 1987, 70th Leg., ch. 573, § 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 16, § 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, § 7, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1286, § 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 417, § 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 459, § 5, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 528, § 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 896, § 1, eff. Sept. 1, 2003; Acts 2007, 80th Leg., ch. 593, § 1.18, eff. Sept. 1, 2007; Acts 2011, 82nd Leg., ch. 1 (S.B. 24), § 6.05, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 22.03

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 22. Assaultive Offenses (Refs & Annos)

§ 22.03. Deleted by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 22.04

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 22. Assaultive Offenses (Refs & Annos)

§ 22.04. Injury to a Child, Elderly Individual, or Disabled Individual

(a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual:

(1) serious bodily injury;

(2) serious mental deficiency, impairment, or injury; or

(3) bodily injury.

(a-1) A person commits an offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, intermediate care facility for persons with mental retardation, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility:

(1) serious bodily injury;

(2) serious mental deficiency, impairment, or injury; or

(3) bodily injury.

(b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), (2), or (3) is conduct constituting an offense under this section if:

(1) the actor has a legal or statutory duty to act; or

(2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual.

(1) “Child” means a person 14 years of age or younger.

(2) “Elderly individual” means a person 65 years of age or older.

(3) “Disabled individual” means a person older than 14 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect himself from harm or to provide food, shelter, or medical care for himself.

(4) Repealed by Acts 2011, 82nd Leg., ch. 620 (S.B. 688), § 11.

(d) For purposes of an omission that causes a condition described by Subsection (a)(1), (2), or (3), the actor has assumed care, custody, or control if he has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that he has accepted responsibility for protection, food, shelter, and medical care for a child, elderly individual, or disabled individual. For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), or (3), the actor acting during the actor's capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, and medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility.

(e) An offense under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the first degree when the conduct is committed intentionally or knowingly. When the conduct is engaged in recklessly, the offense is a felony of the second degree.

(f) An offense under Subsection (a)(3) or (a-1)(3) is a felony of the third degree when the conduct is committed intentionally or knowingly, except that an offense under Subsection (a)(3) is a felony of the second degree when the conduct is committed intentionally or knowingly and the victim is a disabled individual residing in a center, as defined by Section 555.001, Health and Safety Code, or in a facility licensed under Chapter 252, Health and Safety Code, and the actor is an employee of the center or facility whose employment involved providing direct care for the victim. When the conduct is engaged in recklessly, the offense is a state jail felony.

(g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. An offense under Subsection (a-1) is a state jail felony when the person, with criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), or (3).

(h) A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently.

(i) It is an affirmative defense to prosecution under Subsection (b)(2) that before the offense the actor:

(1) notified in person the child, elderly individual, or disabled individual that he would no longer provide any of the care described by Subsection (d); and

(2) notified in writing the parents or person other than himself acting in loco parentis to the child, elderly individual, or disabled individual that he would no longer provide any of the care described by Subsection (d); or

(3) notified in writing the Department of Protective and Regulatory Services that he would no longer provide any of the care set forth in Subsection (d).

(j) Written notification under Subsection (i)(2) or (i)(3) is not effective unless it contains the name and address of the actor, the name and address of the child, elderly individual, or disabled individual, the type of care provided by the actor, and the date the care was discontinued.

(k) It is a defense to prosecution under this section that the act or omission consisted of:

(1) reasonable medical care occurring under the direction of or by a licensed physician; or

(2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts.

(l) It is an affirmative defense to prosecution under this section:

(1) that the act or omission was based on treatment in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy;

(2) for a person charged with an act of omission causing to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that:

(A) there is no evidence that, on the date prior to the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and

(B) the person:

(i) was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title;

(ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and

(iii) did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or

(3) that:

(A) the actor was not more than three years older than the victim at the time of the offense; and

(B) the victim was a child at the time of the offense.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 2067, ch. 819, § 1, eff. Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. 162, § 1, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. 202, § 4, eff. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. 604, § 1, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 357, § 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 497, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 76, § 8.139, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 62, § 15.02(b), eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 268, § 1.125(a), eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 949, § 46, eff. Sept. 1, 2005; Acts 2009, 81st Leg., ch. 284, § 38, eff. June 11, 2009; Acts 2011, 82nd Leg., ch. 620 (S.B. 688), §§ 5, 11, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 22.041

Effective: September 1, 2007

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 22. Assaultive Offenses (Refs & Annos)

§ 22.041. Abandoning or Endangering Child

(a) In this section, “abandon” means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability.

(b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm.

(c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment.

(c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if:

(1) the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance methamphetamine in the presence of the child;

(2) the person's conduct related to the proximity or accessibility of the controlled substance methamphetamine to the child and an analysis of a specimen of the child's blood, urine, or other bodily substance indicates the presence of methamphetamine in the child's body; or

(3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code.

(d) Except as provided by Subsection (e), an offense under Subsection (b) is:

(1) a state jail felony if the actor abandoned the child with intent to return for the child; or

(2) a felony of the third degree if the actor abandoned the child without intent to return for the child.

(e) An offense under Subsection (b) is a felony of the second degree if the actor abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment.

(f) An offense under Subsection (c) is a state jail felony.

(g) It is a defense to prosecution under Subsection (c) that the act or omission enables the child to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event.

(h) It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code.

CREDIT(S)

Added by Acts 1985, 69th Leg., ch. 791, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 904, § 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 687, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1087, § 3, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 809, § 7, eff. Sept. 1, 2001; Acts 2005, 79th Leg., ch. 282, § 10, eff. Aug. 1, 2005; Acts 2007, 80th Leg., ch. 840, § 2, eff. Sept. 1, 2007.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 22.05

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 22. Assaultive Offenses (Refs & Annos)

§ 22.05. Deadly Conduct

(a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.

(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:

(1) one or more individuals; or

(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.

(c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.

(d) For purposes of this section, “building,” “habitation,” and “vehicle” have the meanings assigned those terms by Section 30.01.

(e) An offense under Subsection (a) is a Class A misdemeanor. An offense under Subsection (b) is a felony of the third degree.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 22.06

Effective: September 1, 2007

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 22. Assaultive Offenses (Refs & Annos)

§ 22.06. Consent as Defense to Assaultive Conduct

(a) The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if:

(1) the conduct did not threaten or inflict serious bodily injury; or

(2) the victim knew the conduct was a risk of:

(A) his occupation;

(B) recognized medical treatment; or

(b) The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2007, 80th Leg., ch. 273, § 1, eff. Sept. 1, 2007.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 22.065

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 22. Assaultive Offenses (Refs & Annos)

§ 22.065. Repealed by Texas Rules of Criminal Evidence effective September 1, 1986 [Acts 1985, 69th Leg., ch. 685, § 9(b)]

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 22.07

Effective: September 1, 2005

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 22. Assaultive Offenses (Refs & Annos)

§ 22.07. Terroristic Threat

(a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:

(1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;

(2) place any person in fear of imminent serious bodily injury;

(3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place;

(4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;

(5) place the public or a substantial group of the public in fear of serious bodily injury; or

(6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.

(b) An offense under Subsection (a)(1) is a Class B misdemeanor.

(c) An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense:

(1) is committed against a member of the person's family or household or otherwise constitutes family violence; or

(2) is committed against a public servant.

(d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony.

(e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree.

(f) In this section:

(1) “Family” has the meaning assigned by Section 71.003, Family Code.

(2) “Family violence” has the meaning assigned by Section 71.004, Family Code.

(3) “Household” has the meaning assigned by Section 71.005, Family Code.

(g) For purposes of Subsection (d), the amount of pecuniary loss is the amount of economic loss suffered by the owner of the building, room, place, or conveyance as a result of the prevention or interruption of the occupation or use of the building, room, place, or conveyance.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1114, ch. 530, § 2, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 139, § 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 388, § 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 446, § 1, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 728, § 16.003, eff. Sept. 1, 2005.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 22.08

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 22. Assaultive Offenses (Refs & Annos)

§ 22.08. Aiding Suicide

(a) A person commits an offense if, with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide.

(b) An offense under this section is a Class C misdemeanor unless the actor's conduct causes suicide or attempted suicide that results in serious bodily injury, in which event the offense is a state jail felony.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 22.09

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 22. Assaultive Offenses (Refs & Annos)

§ 22.09. Tampering With Consumer Product

(a) In this section:

(1) “Consumer Product” means any product offered for sale to or for consumption by the public and includes “food” and “drugs” as those terms are defined in Section 431.002, Health and Safety Code.

(2) “Tamper” means to alter or add a foreign substance to a consumer product to make it probable that the consumer product will cause serious bodily injury.

(b) A person commits an offense if he knowingly or intentionally tampers with a consumer product knowing that the consumer product will be offered for sale to the public or as a gift to another.

(c) A person commits an offense if he knowingly or intentionally threatens to tamper with a consumer product with the intent to cause fear, to affect the sale of the consumer product, or to cause bodily injury to any person.

(d) An offense under Subsection (b) is a felony of the second degree unless a person suffers serious bodily injury, in which event it is a felony of the first degree. An offense under Subsection (c) is a felony of the third degree.

CREDIT(S)

Added by Acts 1983, 68th Leg., p. 2812, ch. 481, § 1, eff. Sept. 1, 1983. Amended by Acts 1989, 71st Leg., ch. 1008, § 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 14, § 284(32), eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 22.10

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 22. Assaultive Offenses (Refs & Annos)

§ 22.10. Leaving a Child in a Vehicle

(a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is:

(1) younger than seven years of age; and

(2) not attended by an individual in the vehicle who is 14 years of age or older.

(b) An offense under this section is a Class C misdemeanor.

CREDIT(S)

Added by Acts 1984, 68th Leg., 2nd C.S., ch. 24, § 1, eff. Oct. 2, 1984. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 22.11

Effective: September 1, 2005

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 22. Assaultive Offenses (Refs & Annos)

§ 22.11. Harassment by Persons in Certain Correctional Facilities; Harassment of Public Servant

(a) A person commits an offense if, with the intent to assault, harass, or alarm, the person:

(1) while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal; or

(2) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty.

(b) An offense under this section is a felony of the third degree.

(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section.

(d) In this section, “correctional or detention facility” means:

(1) a secure correctional facility; or

(2) a “secure correctional facility” or a “secure detention facility” as defined by Section 51.02, Family Code, operated by or under contract with a juvenile board or the Texas Youth Commission or any other facility operated by or under contract with that commission.

(e) For purposes of Subsection (a)(2), the actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant.

CREDIT(S)

Added by Acts 1999, 76th Leg., ch. 335, § 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 878, § 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1006, § 1, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 543, §§ 1, 2, eff. Sept. 1, 2005.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 22.12

Effective: September 1, 2003

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 5. Offenses Against the Person (Refs & Annos)

Chapter 22. Assaultive Offenses (Refs & Annos)

§ 22.12. Applicability to Certain Conduct

This chapter does not apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is:

(1) committed by the mother of the unborn child;

(2) a lawful medical procedure performed by a physician or other health care provider with the requisite consent;

(4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law.

CREDIT(S)

Added by Acts 2003, 78th Leg., ch. 822, § 2.04, eff. Sept. 1, 2003.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 6, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 6. Offenses Against the Family

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 6, Ch. 25, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 6. Offenses Against the Family

Chapter 25. Offenses Against the Family

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 25.01

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.01. Bigamy

(a) An individual commits an offense if:

(1) he is legally married and he:

(A) purports to marry or does marry a person other than his spouse in this state, or any other state or foreign country, under circumstances that would, but for the actor's prior marriage, constitute a marriage; or

(B) lives with a person other than his spouse in this state under the appearance of being married; or

(2) he knows that a married person other than his spouse is married and he:

(A) purports to marry or does marry that person in this state, or any other state or foreign country, under circumstances that would, but for the person's prior marriage, constitute a marriage; or

(B) lives with that person in this state under the appearance of being married.

(b) For purposes of this section, “under the appearance of being married” means holding out that the parties are married with cohabitation and an intent to be married by either party.

(c) It is a defense to prosecution under Subsection (a)(1) that the actor reasonably believed at the time of the commission of the offense that the actor and the person whom the actor married or purported to marry or with whom the actor lived under the appearance of being married were legally eligible to be married because the actor's prior marriage was void or had been dissolved by death, divorce, or annulment. For purposes of this subsection, an actor's belief is reasonable if the belief is substantiated by a certified copy of a death certificate or other signed document issued by a court.

(d) For the purposes of this section, the lawful wife or husband of the actor may testify both for or against the actor concerning proof of the original marriage.

(e) An offense under this section is a felony of the third degree, except that if at the time of the commission of the offense, the person whom the actor marries or purports to marry or with whom the actor lives under the appearance of being married is:

(1) 17 years of age, the offense is a felony of the second degree; or

(2) 16 years of age or younger, the offense is a felony of the first degree.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2005, 79th Leg., ch. 268, § 4.03, eff. Sept. 1, 2005; Acts 2011, 82nd Leg., ch. 222 (H.B. 253), § 4, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 25.02

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.02. Prohibited Sexual Conduct

(a) A person commits an offense if the person engages in sexual intercourse or deviate sexual intercourse with another person the actor knows to be, without regard to legitimacy:

(1) the actor's ancestor or descendant by blood or adoption;

(2) the actor's current or former stepchild or stepparent;

(3) the actor's parent's brother or sister of the whole or half blood;

(4) the actor's brother or sister of the whole or half blood or by adoption;

(5) the children of the actor's brother or sister of the whole or half blood or by adoption; or

(6) the son or daughter of the actor's aunt or uncle of the whole or half blood or by adoption.

(b) For purposes of this section:

(1) “Deviate sexual intercourse” means any contact between the genitals of one person and the mouth or anus of another person with intent to arouse or gratify the sexual desire of any person.

(2) “Sexual intercourse” means any penetration of the female sex organ by the male sex organ.

(c) An offense under this section is a felony of the third degree, unless the offense is committed under Subsection (a)(1), in which event the offense is a felony of the second degree.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2005, 79th Leg., ch. 268, § 4.04, eff. Sept. 1, 2005; Acts 2009, 81st Leg., ch. 673, § 1, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 25.03

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.03. Interference With Child Custody

(a) A person commits an offense if the person takes or retains a child younger than 18 years of age :

(1) when the person knows that the person's taking or retention violates the express terms of a judgment or order, including a temporary order, of a court disposing of the child's custody;

(2) when the person has not been awarded custody of the child by a court of competent jurisdiction, knows that a suit for divorce or a civil suit or application for habeas corpus to dispose of the child's custody has been filed, and takes the child out of the geographic area of the counties composing the judicial district if the court is a district court or the county if the court is a statutory county court, without the permission of the court and with the intent to deprive the court of authority over the child; or

(3) outside of the United States with the intent to deprive a person entitled to possession of or access to the child of that possession or access and without the permission of that person.

(b) A noncustodial parent commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years, the noncustodial parent knowingly entices or persuades the child to leave the custody of the custodial parent, guardian, or person standing in the stead of the custodial parent or guardian of the child.

(c) It is a defense to prosecution under Subsection (a)(2) that the actor returned the child to the geographic area of the counties composing the judicial district if the court is a district court or the county if the court is a statutory county court, within three days after the date of the commission of the offense.

(c-1) It is an affirmative defense to prosecution under Subsection (a)(3) that:

(1) the taking or retention of the child was pursuant to a valid order providing for possession of or access to the child; or

(2) notwithstanding any violation of a valid order providing for possession of or access to the child, the actor's retention of the child was due only to circumstances beyond the actor's control and the actor promptly provided notice or made reasonable attempts to provide notice of those circumstances to the other person entitled to possession of or access to the child.

(c-2) Subsection (a)(3) does not apply if, at the time of the offense, the person taking or retaining the child:

(1) was entitled to possession of or access to the child; and

(2) was fleeing the commission or attempted commission of family violence, as defined by Section 71.004, Family Code, against the child or the person.

(d) An offense under this section is a state jail felony.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1111, ch. 527, § 1, eff. Aug. 27, 1979; Acts 1987, 70th Leg., ch. 444, § 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 830, § 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 332, § 1, eff. May 24, 2001; Acts 2007, 80th Leg., ch. 272, § 1, eff. Sept. 1, 2007; Acts 2011, 82nd Leg., ch. 840 (H.B. 3439), § 2, eff. Sept. 1, 2011; Acts 2011, 82nd Leg., ch. 1100 (S.B. 1551), § 3, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 25.031

Effective: September 1, 2007

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.031. Agreement to Abduct From Custody

(a) A person commits an offense if the person agrees, for remuneration or the promise of remuneration, to abduct a child younger than 18 years of age by force, threat of force, misrepresentation, stealth, or unlawful entry, knowing that the child is under the care and control of a person having custody or physical possession of the child under a court order, including a temporary order, or under the care and control of another person who is exercising care and control with the consent of a person having custody or physical possession under a court order, including a temporary order.

(b) An offense under this section is a state jail felony.

CREDIT(S)

Added by Acts 1987, 70th Leg., ch. 444, § 3, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2007, 80th Leg., ch. 272, § 2, eff. Sept. 1, 2007.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 25.04

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.04. Enticing a Child

(a) A person commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years, he knowingly entices, persuades, or takes the child from the custody of the parent or guardian or person standing in the stead of the parent or guardian of such child.

(b) An offense under this section is a Class B misdemeanor, unless it is shown on the trial of the offense that the actor intended to commit a felony against the child, in which event an offense under this section is a felony of the third degree.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 685, § 7, eff. Sept. 1, 1999.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 25.05

Effective: May 25, 2001

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.05. Criminal Nonsupport

(a) An individual commits an offense if the individual intentionally or knowingly fails to provide support for the individual's child younger than 18 years of age, or for the individual's child who is the subject of a court order requiring the individual to support the child.

(b) For purposes of this section, “child” includes a child born out of wedlock whose paternity has either been acknowledged by the actor or has been established in a civil suit under the Family Code or the law of another state.

(d) It is an affirmative defense to prosecution under this section that the actor could not provide support for the actor's child.

(e) The pendency of a prosecution under this section does not affect the power of a court to enter an order for child support under the Family Code.

(f) An offense under this section is a state jail felony.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 73, § 13, eff. Nov. 1, 1987; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 375, § 1, eff. May 25, 2001.

VALIDITY

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 25.06

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.06. Harboring Runaway Child

(a) A person commits an offense if he knowingly harbors a child and he is criminally negligent about whether the child:

(1) is younger than 18 years; and

(2) has escaped from the custody of a peace officer, a probation officer, the Texas Youth Council, or a detention facility for children, or is voluntarily absent from the child's home without the consent of the child's parent or guardian for a substantial length of time or without the intent to return.

(b) It is a defense to prosecution under this section that the actor was related to the child within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code.

(1) the person or agency from which the child escaped or a law enforcement agency of the presence of the child within 24 hours after discovering that the child had escaped from custody; or

(2) a law enforcement agency or a person at the child's home of the presence of the child within 24 hours after discovering that the child was voluntarily absent from home without the consent of the child's parent or guardian.

(d) An offense under this section is a Class A misdemeanor.

(e) On the receipt of a report from a peace officer, probation officer, the Texas Youth Council, a foster home, or a detention facility for children that a child has escaped its custody or upon receipt of a report from a parent, guardian, conservator, or legal custodian that a child is missing, a law enforcement agency shall immediately enter a record of the child into the National Crime Information Center.

CREDIT(S)

Added by Acts 1979, 66th Leg., p. 1155, ch. 558, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 4750, ch. 831, p. 4750, § 1, eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 561, § 40, eff. Aug. 26, 1991. Renumbered from V.T.C.A., Penal Code § 25.07 by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(27), eff. Sept. 1, 1995.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 25.07

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.07. Violation of Certain Court Orders or Conditions of Bond in a Family Violence Case

(a) A person commits an offense if, in violation of a condition of bond set in a family violence case and related to the safety of the victim or the safety of the community, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504, Family Code, Chapter 83, Family Code, if the temporary ex parte order has been served on the person, or Chapter 85, Family Code, or an order issued by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally:

(1) commits family violence or an act in furtherance of an offense under Section 22.011, 22.021, or 42.072;

(2) communicates:

(A) directly with a protected individual or a member of the family or household in a threatening or harassing manner;

(B) a threat through any person to a protected individual or a member of the family or household; or

(C) in any manner with the protected individual or a member of the family or household except through the person's attorney or a person appointed by the court, if the violation is of an order described by this subsection and the order prohibits any communication with a protected individual or a member of the family or household;

(3) goes to or near any of the following places as specifically described in the order or condition of bond:

(A) the residence or place of employment or business of a protected individual or a member of the family or household; or

(B) any child care facility, residence, or school where a child protected by the order or condition of bond normally resides or attends;

(4) possesses a firearm; or

(5) harms, threatens, or interferes with the care, custody, or control of a pet, companion animal, or assistance animal that is possessed by a person protected by the order.

(b) For the purposes of this section:

(1) “Family violence,” “family,” “household,” and “member of a household” have the meanings assigned by Chapter 71, Family Code.

(2) “Firearm” has the meaning assigned by Chapter 46.

(3) “Assistance animal” has the meaning assigned by Section 121.002, Human Resources Code.

(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.

(d) Reconciliatory actions or agreements made by persons affected by an order do not affect the validity of the order or the duty of a peace officer to enforce this section.

(e) A peace officer investigating conduct that may constitute an offense under this section for a violation of an order may not arrest a person protected by that order for a violation of that order.

(f) It is not a defense to prosecution under this section that certain information has been excluded, as provided by Section 85.007, Family Code, or Article 17.292, Code of Criminal Procedure, from an order to which this section applies.

(g) An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that the defendant has previously been convicted under this section two or more times or has violated the order or condition of bond by committing an assault or the offense of stalking, in which event the offense is a third degree felony.

CREDIT(S)

Added by Acts 1983, 68th Leg., p. 4049, ch. 631, § 3, eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 583, § 3, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 170, § 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 677, § 8, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 614, §§ 23 to 26, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 739, §§ 4 to 7, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 366, § 2, eff. Sept. 1, 1991. Renumbered from V.T.C.A., Penal Code § 25.08 and amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 658, §§ 2, 3, eff. June 14, 1995; Acts 1995, 74th Leg., ch. 660, §§ 1, 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1024, § 23, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1, § 2, eff. Jan. 28, 1997; Acts 1997, 75th Leg., ch. 1193, § 21, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, § 15.02(c), eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 23, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 134, § 1, eff. Sept. 1, 2003; Acts 2007, 80th Leg., ch. 66, § 2, eff. May 11, 2007; Acts 2007, 80th Leg., ch. 1113, §§ 1, 2, eff. Jan. 1, 2008; Acts 2009, 81st Leg., ch. 87, § 19.001, eff. Sept. 1, 2009; Acts 2011, 82nd Leg., ch. 136 (S.B. 279), §§ 3, 4, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 25.071

Effective: September 1, 2001

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.071. Violation of Protective Order Preventing Offense Caused by Bias or Prejudice

(a) A person commits an offense if, in violation of an order issued under Article 6.08, Code of Criminal Procedure, the person knowingly or intentionally:

(1) commits an offense under Title 5 [FN1] or Section 28.02, 28.03, or 28.08 and commits the offense because of bias or prejudice as described by Article 42.014, Code of Criminal Procedure;

(2) communicates:

(A) directly with a protected individual in a threatening or harassing manner;

(B) a threat through any person to a protected individual; or

(C) in any manner with the protected individual, if the order prohibits any communication with a protected individual; or

(3) goes to or near the residence or place of employment or business of a protected individual.

(b) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.

(c) A peace officer investigating conduct that may constitute an offense under this section for a violation of an order may not arrest a person protected by that order for a violation of that order.

(d) An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that the defendant has previously been convicted under this section two or more times or has violated the protective order by committing an assault, in which event the offense is a third degree felony.

CREDIT(S)

Added by Acts 2001, 77th Leg., ch. 85, § 3.02, eff. Sept. 1, 2001.

[FN1] V.T.C.A., Penal Code § 19.01 et seq.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 25.08

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.08. Sale or Purchase of Child

(a) A person commits an offense if he:

(1) possesses a child younger than 18 years of age or has the custody, conservatorship, or guardianship of a child younger than 18 years of age, whether or not he has actual possession of the child, and he offers to accept, agrees to accept, or accepts a thing of value for the delivery of the child to another or for the possession of the child by another for purposes of adoption; or

(2) offers to give, agrees to give, or gives a thing of value to another for acquiring or maintaining the possession of a child for the purpose of adoption.

(b) It is an exception to the application of this section that the thing of value is:

(1) a fee or reimbursement paid to a child-placing agency as authorized by law;

(2) a fee paid to an attorney, social worker, mental health professional, or physician for services rendered in the usual course of legal or medical practice or in providing adoption counseling;

(3) a reimbursement of legal or medical expenses incurred by a person for the benefit of the child; or

(4) a necessary pregnancy-related expense paid by a child-placing agency for the benefit of the child's parent during the pregnancy or after the birth of the child as permitted by the minimum standards for child-placing agencies and Department of Protective and Regulatory Services rules.

(c) An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor commits the offense with intent to commit an offense under Section 20A.02, 43.02, 43.05, or 43.25.

CREDIT(S)

Added by Acts 1977, 65th Leg., p. 81, ch. 38, § 1, eff. March 30, 1977. Amended by Acts 1981, 67th Leg., p. 2211, ch. 514, § 1, eff. Sept. 1, 1981. Renumbered from V.T.C.A., Penal Code § 25.06 by Acts 1987, 70th Leg., ch. 167, § 5.01(a)(44). Renumbered from V.T.C.A., Penal Code § 25.11 and amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 2001, 77th Leg., ch. 134, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1005, § 3, eff. Sept. 1, 2003; Acts 2011, 82nd Leg., ch. 515 (H.B. 2014), § 4.01, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 25.09

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.09. Advertising for Placement of Child

(a) A person commits an offense if the person advertises in the public media that the person will place a child for adoption or will provide or obtain a child for adoption.

(b) This section does not apply to a licensed child-placing agency that is identified in the advertisement as a licensed child-placing agency.

(c) An offense under this section is a Class A misdemeanor unless the person has been convicted previously under this section, in which event the offense is a felony of the third degree.

(d) In this section:

(1) “Child” has the meaning assigned by Section 101.003, Family Code.

(2) “Public media” has the meaning assigned by Section 38.01. The term also includes communications through the use of the Internet or another public computer network.

CREDIT(S)

Added by Acts 1997, 75th Leg., ch. 561, § 31, eff. Sept. 1, 1997.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 25.10

Effective: September 1, 2003

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.10. Interference with Rights of Guardian of the Person

(a) In this section:

(1) “Possessory right” means the right of a guardian of the person to have physical possession of a ward and to establish the ward's legal domicile, as provided by Section 767(1), Texas Probate Code.

(2) “Ward” has the meaning assigned by Section 601, Texas Probate Code.

(b) A person commits an offense if the person takes, retains, or conceals a ward when the person knows that the person's taking, retention, or concealment interferes with a possessory right with respect to the ward.

(d) This section does not apply to a governmental entity where the taking, retention, or concealment of the ward was authorized by Subtitle E, Title 5, Family Code, [FN1]or Chapter 48, Human Resources Code.

CREDIT(S)

Added by Acts 2003, 78th Leg., ch. 549, § 32, eff. Sept. 1, 2003.

[FN1] V.T.C.A., Family Code § 261.001 et seq.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 25.11

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 6. Offenses Against the Family (Refs & Annos)

Chapter 25. Offenses Against the Family (Refs & Annos)

§ 25.11. Continuous Violence Against the Family

(a) A person commits an offense if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense under Section 22.01(a)(1) against another person or persons whose relationship to or association with the defendant is described by Section 71. 0021(b), 71.003, or 71.005, Family Code.

(b) If the jury is the trier of fact, members of the jury are not required to agree unanimously on the specific conduct in which the defendant engaged that constituted an offense under Section 22.01(a)(1) against the person or persons described by Subsection (a) or the exact date when that conduct occurred. The jury must agree unanimously that the defendant, during a period that is 12 months or less in duration, two or more times engaged in conduct that constituted an offense under Section 22.01(a)(1) against the person or persons described by Subsection (a).

(c) A defendant may not be convicted in the same criminal action of another offense the victim of which is an alleged victim of the offense under Subsection (a) and an element of which is any conduct that is alleged as an element of the offense under Subsection (a) unless the other offense:

(1) is charged in the alternative;

(2) occurred outside the period in which the offense alleged under Subsection (a) was committed; or

(3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a).

(d) A defendant may not be charged with more than one count under Subsection (a) if all of the specific conduct that is alleged to have been engaged in is alleged to have been committed against a single victim or members of the same household, as defined by Section 71.005, Family Code.

(e) An offense under this section is a felony of the third degree.

CREDIT(S)

Added by Acts 2009, 81st Leg., ch. 665, § 1, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 7, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 7. Offenses Against Property

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 7, Ch. 28, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 7. Offenses Against Property

Chapter 28. Arson, Criminal Mischief, and Other Property Damage or Destruction

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 28.01

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 28. Arson, Criminal Mischief, and Other Property Damage or Destruction (Refs & Annos)

§ 28.01. Definitions

In this chapter:

(1) “Habitation” means a structure or vehicle that is adapted for the overnight accommodation of persons and includes:

(A) each separately secured or occupied portion of the structure or vehicle; and

(B) each structure appurtenant to or connected with the structure or vehicle.

(2) “Building” means any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.

(3) “Property” means:

(A) real property;

(B) tangible or intangible personal property, including anything severed from land; or

(4) “Vehicle” includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation.

(5) “Open-space land” means real property that is undeveloped for the purpose of human habitation.

(6) “Controlled burning” means the burning of unwanted vegetation with the consent of the owner of the property on which the vegetation is located and in such a manner that the fire is controlled and limited to a designated area.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1216, ch. 588, § 1, eff. Sept. 1, 1979; Acts 1989, 71st Leg., ch. 31, § 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 28.02

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 28. Arson, Criminal Mischief, and Other Property Damage or Destruction (Refs & Annos)

§ 28.02. Arson

(a) A person commits an offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage:

(1) any vegetation, fence, or structure on open-space land; or

(2) any building, habitation, or vehicle:

(A) knowing that it is within the limits of an incorporated city or town;

(B) knowing that it is insured against damage or destruction;

(D) knowing that it is located on property belonging to another;

(E) knowing that it has located within it property belonging to another; or

(F) when the person is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another.

(a-1) A person commits an offense if the person recklessly starts a fire or causes an explosion while manufacturing or attempting to manufacture a controlled substance and the fire or explosion damages any building, habitation, or vehicle.

(a-2) A person commits an offense if the person intentionally starts a fire or causes an explosion and in so doing:

(1) recklessly damages or destroys a building belonging to another; or

(2) recklessly causes another person to suffer bodily injury or death.

(b) It is an exception to the application of Subsection (a)(1) that the fire or explosion was a part of the controlled burning of open-space land.

(c) It is a defense to prosecution under Subsection (a)(2)(A) that prior to starting the fire or causing the explosion, the actor obtained a permit or other written authorization granted in accordance with a city ordinance, if any, regulating fires and explosions.

(d) An offense under Subsection (a) is a felony of the second degree, except that the offense is a felony of the first degree if it is shown on the trial of the offense that:

(1) bodily injury or death was suffered by any person by reason of the commission of the offense; or

(2) the property intended to be damaged or destroyed by the actor was a habitation or a place of assembly or worship.

(e) An offense under Subsection (a-1) is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that bodily injury or death was suffered by any person by reason of the commission of the offense.

(f) An offense under Subsection (a-2) is a state jail felony.

(g) If conduct that constitutes an offense under Subsection (a-1) or that constitutes an offense under Subsection (a-2) also constitutes an offense under another subsection of this section or another section of this code, the actor may be prosecuted under Subsection (a-1) or Subsection (a-2), under the other subsection of this section, or under the other section of this code.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1216, ch. 588, § 2, eff. Sept. 1, 1979; Acts 1981, 67th Leg., p. 1837, ch. 425, § 1, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 31, § 2, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1006, § 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 976, § 1, eff. Sept. 1, 2001; Acts 2005, 79th Leg., ch. 960, § 1, eff. Sept. 1, 2005; Acts 2009, 81st Leg., ch. 1168, § 1, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 28.03

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 28. Arson, Criminal Mischief, and Other Property Damage or Destruction (Refs & Annos)

§ 28.03. Criminal Mischief

(a) A person commits an offense if, without the effective consent of the owner:

(1) he intentionally or knowingly damages or destroys the tangible property of the owner;

(2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or

(3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.

(b) Except as provided by Subsections (f) and (h), an offense under this section is:

(1) a Class C misdemeanor if:

(A) the amount of pecuniary loss is less than $50; or

(B) except as provided in Subdivision (3)(A) or (3)(B), it causes substantial inconvenience to others;

(2) a Class B misdemeanor if the amount of pecuniary loss is $50 or more but less than $500;

(3) a Class A misdemeanor if:

(A) the amount of pecuniary loss is $500 or more but less than $1,500; or

(B) the actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss;

(4) a state jail felony if the amount of pecuniary loss is:

(A) $1,500 or more but less than $20,000;

(B) less than $1,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon;

(i) cattle, bison, horses, sheep, swine, goats, exotic livestock, or exotic poultry; or

(ii) game animals as that term is defined by Section 63.001, Parks and Wildlife Code; or

(D) less than $20,000 and the actor causes wholly or partly impairment or interruption of public communications, public transportation, public gas or power supply, or other public service, or causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas or power supply;

(5) a felony of the third degree if the amount of the pecuniary loss is $20,000 or more but less than $100,000;

(6) a felony of the second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000; or

(7) a felony of the first degree if the amount of pecuniary loss is $200,000 or more.

(c) For the purposes of this section, it shall be presumed that a person who is receiving the economic benefit of public communications, public water, gas, or power supply, has knowingly tampered with the tangible property of the owner if the communication or supply has been:

(1) diverted from passing through a metering device; or

(2) prevented from being correctly registered by a metering device; or

(3) activated by any device installed to obtain public communications, public water, gas, or power supply without a metering device.

(d) The terms “public communication, public transportation, public gas or power supply, or other public service” and “public water supply” shall mean, refer to, and include any such services subject to regulation by the Public Utility Commission of Texas, the Railroad Commission of Texas, or the Texas Natural Resource Conservation Commission or any such services enfranchised by the State of Texas or any political subdivision thereof.

(e) When more than one item of tangible property, belonging to one or more owners, is damaged, destroyed, or tampered with in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the damage to, destruction of, or tampering with the property may be aggregated in determining the grade of the offense.

(f) An offense under this section is a state jail felony if the damage or destruction is inflicted on a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs and the amount of the pecuniary loss to real property or to tangible personal property is less than $20,000.

(g) In this section:

(1) “Explosive weapon” means any explosive or incendiary device that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes:

(A) an explosive or incendiary bomb, grenade, rocket, and mine;

(B) a device designed, made, or adapted for delivering or shooting an explosive weapon; and

(2) “Firearm” has the meaning assigned by Section 46.01.

(3) “Institution of higher education” has the meaning assigned by Section 61.003, Education Code.

(4) “Aluminum wiring” means insulated or noninsulated wire or cable that consists of at least 50 percent aluminum, including any tubing or conduit attached to the wire or cable.

(5) “Bronze wiring” means insulated or noninsulated wire or cable that consists of at least 50 percent bronze, including any tubing or conduit attached to the wire or cable.

(6) “Copper wiring” means insulated or noninsulated wire or cable that consists of at least 50 percent copper, including any tubing or conduit attached to the wire or cable.

(7) “Transportation communications equipment” means:

(A) an official traffic-control device, railroad sign or signal, or traffic-control signal, as those terms are defined by Section 541.304, Transportation Code; or

(B) a sign, signal, or device erected by a railroad, public body, or public officer to direct the movement of a railroad train, as defined by Section 541.202, Transportation Code.

(8) “Transportation communications device” means any item attached to transportation communications equipment, including aluminum wiring, bronze wiring, and copper wiring.

(h) An offense under this section is a state jail felony if the amount of the pecuniary loss to real property or to tangible personal property is $1,500 or more but less than $20,000 and the damage or destruction is inflicted on a public or private elementary school, secondary school, or institution of higher education.

(i) Notwithstanding Subsection (b), an offense under this section is a felony of the first degree if the property is livestock and the damage is caused by introducing bovine spongiform encephalopathy, commonly known as mad cow disease, or a disease described by Section 161.041(a), Agriculture Code. In this subsection, “livestock” has the meaning assigned by Section 161.001, Agriculture Code.

(j) Notwithstanding Subsection (b), an offense under this section is a felony of the third degree if:

(1) the tangible property damaged, destroyed, or tampered with is transportation communications equipment or a transportation communications device; and

(2) the amount of the pecuniary loss to the tangible property is less than $100,000.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1981, 67th Leg., p. 66, ch. 29, § 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 2917, ch. 497, § 1, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 352, § 1, eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 559, § 1, eff. June 14, 1989; Acts 1989, 71st Leg., ch. 1253, § 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., 1st C.S., ch. 42, § 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 76, § 11.280, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1083, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 686, § 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 747, § 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 976, § 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1280, § 1, eff. Sept. 1, 2003; Acts 2007, 80th Leg., ch. 690, §§ 1, 2, eff. Sept. 1, 2007; Acts 2009, 81st Leg., ch. 638, § 1, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 28.04

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 28. Arson, Criminal Mischief, and Other Property Damage or Destruction (Refs & Annos)

§ 28.04. Reckless Damage or Destruction

(a) A person commits an offense if, without the effective consent of the owner, he recklessly damages or destroys property of the owner.

(b) An offense under this section is a Class C misdemeanor.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 28.05

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 28. Arson, Criminal Mischief, and Other Property Damage or Destruction (Refs & Annos)

§ 28.05. Actor's Interest in Property

It is no defense to prosecution under this chapter that the actor has an interest in the property damaged or destroyed if another person also has an interest that the actor is not entitled to infringe.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 28.06

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 28. Arson, Criminal Mischief, and Other Property Damage or Destruction (Refs & Annos)

§ 28.06. Amount of Pecuniary Loss

(a) The amount of pecuniary loss under this chapter, if the property is destroyed, is:

(1) the fair market value of the property at the time and place of the destruction; or

(2) if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the destruction.

(b) The amount of pecuniary loss under this chapter, if the property is damaged, is the cost of repairing or restoring the damaged property within a reasonable time after the damage occurred.

(c) The amount of pecuniary loss under this chapter for documents, other than those having a readily ascertainable market value, is:

(1) the amount due and collectible at maturity less any part that has been satisfied, if the document constitutes evidence of a debt; or

(2) the greatest amount of economic loss that the owner might reasonably suffer by virtue of the destruction or damage if the document is other than evidence of a debt.

(d) If the amount of pecuniary loss cannot be ascertained by the criteria set forth in Subsections (a) through (c), the amount of loss is deemed to be greater than $500 but less than $1,500.

(e) If the actor proves by a preponderance of the evidence that he gave consideration for or had a legal interest in the property involved, the value of the interest so proven shall be deducted from:

(1) the amount of pecuniary loss if the property is destroyed; or

(2) the amount of pecuniary loss to the extent of an amount equal to the ratio the value of the interest bears to the total value of the property, if the property is damaged.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 2918, ch. 497, § 2, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 28.07

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 28. Arson, Criminal Mischief, and Other Property Damage or Destruction (Refs & Annos)

§ 28.07. Interference with Railroad Property

(a) In this section:

(1) “Railroad property” means:

(A) a train, locomotive, railroad car, caboose, work equipment, rolling stock, safety device, switch, or connection that is owned, leased, operated, or possessed by a railroad; or

(B) a railroad track, rail, bridge, trestle, or right-of-way owned or used by a railroad.

(2) “Tamper” means to move, alter, or interfere with railroad property.

(b) A person commits an offense if the person:

(1) throws an object or discharges a firearm or weapon at a train or rail-mounted work equipment; or

(2) without the effective consent of the owner:

(A) enters or remains on railroad property, knowing that it is railroad property;

(B) tampers with railroad property;

(D) causes in any manner the derailment of a train, railroad car, or other railroad property that moves on tracks.

(c) An offense under Subsection (b)(1) is a Class B misdemeanor unless the person causes bodily injury to another, in which event the offense is a felony of the third degree.

(d) An offense under Subsection (b)(2)(A) is a Class C misdemeanor.

(e) An offense under Subsection (b)(2)(B), (b)(2)(C), or (b)(2)(D) is a Class C misdemeanor unless the person causes pecuniary loss, in which event the offense is:

(1) a Class B misdemeanor if the amount of pecuniary loss is $20 or more but less than $500;

(2) a Class A misdemeanor if the amount of pecuniary loss is $500 or more but less than $1,500;

(3) a state jail felony if the amount of pecuniary loss is $1,500 or more but less than $20,000;

(4) a felony of the third degree if the amount of the pecuniary loss is $20,000 or more but less than $100,000;

(5) a felony of the second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000; or

(6) a felony of the first degree if the amount of the pecuniary loss is $200,000 or more.

(f) The conduct described in Subsection (b)(2)(A) is not an offense under this section if it is undertaken by an employee of the railroad or by a representative of a labor organization which represents or is seeking to represent the employees of the railroad as long as the employee or representative has a right to engage in such conduct under the Railway Labor Act (45 U.S.C. Section 151 et seq.).

CREDIT(S)

Added by Acts 1989, 71st Leg., ch. 908, § 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 28.08

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 28. Arson, Criminal Mischief, and Other Property Damage or Destruction (Refs & Annos)

§ 28.08. Graffiti

(a) A person commits an offense if, without the effective consent of the owner, the person intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner with:

(1) paint;

(2) an indelible marker; or

(3) an etching or engraving device.

(b) Except as provided by Subsection (d), an offense under this section is:

(1) a Class B misdemeanor if the amount of pecuniary loss is less than $500;

(2) a Class A misdemeanor if the amount of pecuniary loss is $500 or more but less than $1,500;

(3) a state jail felony if the amount of pecuniary loss is $1,500 or more but less than $20,000;

(4) a felony of the third degree if the amount of pecuniary loss is $20,000 or more but less than $100,000;

(5) a felony of the second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000; or

(6) a felony of the first degree if the amount of pecuniary loss is $200,000 or more.

(c) When more than one item of tangible property, belonging to one or more owners, is marked in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the marking of the property may be aggregated in determining the grade of the offense.

(d) An offense under this section is a state jail felony if:

(1) the marking is made on a school, an institution of higher education, a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs; and

(2) the amount of the pecuniary loss to real property or to tangible personal property is less than $20,000.

(e) In this section:

(1) “Aerosol paint” means an aerosolized paint product.

(2) “Etching or engraving device” means a device that makes a delineation or impression on tangible property, regardless of the manufacturer's intended use for that device.

(3) “Indelible marker” means a device that makes a mark with a paint or ink product that is specifically formulated to be more difficult to erase, wash out, or remove than ordinary paint or ink products.

(4) “Institution of higher education” has the meaning assigned by Section 481.134, Health and Safety Code.

(5) “School” means a private or public elementary or secondary school.

CREDIT(S)

Added by Acts 1997, 75th Leg., ch. 593, § 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 166, §§ 1, 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 695, § 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, § 16.001, eff. Sept. 1, 2001; Acts 2009, 81st Leg., ch. 639, § 4, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 7, Ch. 29, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 7. Offenses Against Property

Chapter 29. Robbery

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 29.01

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 29. Robbery (Refs & Annos)

§ 29.01. Definitions

In this chapter:

(1) “In the course of committing theft” means conduct that occurs in an attempt to commit, during the commission, or in immediate flight after the attempt or commission of theft.

(2) “Property” means:

(A) tangible or intangible personal property including anything severed from land; or

(B) a document, including money, that represents or embodies anything of value.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 29.02

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 29. Robbery (Refs & Annos)

§ 29.02. Robbery

(a) A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he:

(1) intentionally, knowingly, or recklessly causes bodily injury to another; or

(2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.

(b) An offense under this section is a felony of the second degree.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 29.03

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 29. Robbery (Refs & Annos)

§ 29.03. Aggravated Robbery

(a) A person commits an offense if he commits robbery as defined in Section 29.02, and he:

(1) causes serious bodily injury to another;

(2) uses or exhibits a deadly weapon; or

(3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is:

(A) 65 years of age or older; or

(B) a disabled person.

(b) An offense under this section is a felony of the first degree.

(c) In this section, “disabled person” means an individual with a mental, physical, or developmental disability who is substantially unable to protect himself from harm.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1989, 71st Leg., ch. 357, § 2, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 7, Ch. 30, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 7. Offenses Against Property

Chapter 30. Burglary and Criminal Trespass

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 30.01

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 30. Burglary and Criminal Trespass (Refs & Annos)

§ 30.01. Definitions

In this chapter:

(1) “Habitation” means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes:

(A) each separately secured or occupied portion of the structure or vehicle; and

(B) each structure appurtenant to or connected with the structure or vehicle.

(2) “Building” means any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.

(3) “Vehicle” includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation, except such devices as are classified as “habitation.”

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 30.02

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 30. Burglary and Criminal Trespass (Refs & Annos)

§ 30.02. Burglary

(a) A person commits an offense if, without the effective consent of the owner, the person:

(1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or

(2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or

(3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.

(b) For purposes of this section, “enter” means to intrude:

(1) any part of the body; or

(2) any physical object connected with the body.

(1) state jail felony if committed in a building other than a habitation; or

(2) felony of the second degree if committed in a habitation.

(d) An offense under this section is a felony of the first degree if:

(1) the premises are a habitation; and

(2) any party to the offense entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, § 8, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 727, § 1, eff. Sept. 1, 1999.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 30.03

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 30. Burglary and Criminal Trespass (Refs & Annos)

§ 30.03. Burglary of Coin-Operated or Coin Collection Machines

(a) A person commits an offense if, without the effective consent of the owner, he breaks or enters into any coin-operated machine, coin collection machine, or other coin-operated or coin collection receptacle, contrivance, apparatus, or equipment used for the purpose of providing lawful amusement, sales of goods, services, or other valuable things, or telecommunications with intent to obtain property or services.

(b) For purposes of this section, “entry” includes every kind of entry except one made with the effective consent of the owner.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 62, § 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 30.04

Effective: September 1, 2007

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 30. Burglary and Criminal Trespass (Refs & Annos)

§ 30.04. Burglary of Vehicles

(a) A person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.

(b) For purposes of this section, “enter” means to intrude:

(1) any part of the body; or

(2) any physical object connected with the body.

(d) An offense under this section is a Class A misdemeanor, except that:

(1) the offense is a Class A misdemeanor with a minimum term of confinement of six months if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section; and

(2) the offense is a state jail felony if:

(A) it is shown on the trial of the offense that the defendant has been previously convicted two or more times of an offense under this section; or

(B) the vehicle or part of the vehicle broken into or entered is a rail car.

(d-1) For the purposes of Subsection (d), a defendant has been previously convicted under this section 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.

(e) It is a defense to prosecution under this section that the actor entered a rail car or any part of a rail car and was at that time an employee or a representative of employees exercising a right under the Railway Labor Act (45 U.S.C. Section 151 et seq.).

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 916, § 1, eff. Sept. 1, 1999; Acts 2007, 80th Leg., ch. 308, § 1, eff. Sept. 1, 2007.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 30.05

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 30. Burglary and Criminal Trespass (Refs & Annos)

§ 30.05. Criminal Trespass

(a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:

(1) had notice that the entry was forbidden; or

(2) received notice to depart but failed to do so.

(b) For purposes of this section:

(1) “Entry” means the intrusion of the entire body.

(2) “Notice” means:

(A) oral or written communication by the owner or someone with apparent authority to act for the owner;

(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;

(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;

(D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:

(i) vertical lines of not less than eight inches in length and not less than one inch in width;

(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and

(iii) placed at locations that are readily visible to any person approaching the property and no more than:

(a) 100 feet apart on forest land; or

(b) 1,000 feet apart on land other than forest land; or

(E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.

(3) “Shelter center” has the meaning assigned by Section 51.002, Human Resources Code.

(4) “Forest land” means land on which the trees are potentially valuable for timber products.

(5) “Agricultural land” has the meaning assigned by Section 75.001, Civil Practice and Remedies Code.

(6) “Superfund site” means a facility that:

(A) is on the National Priorities List established under Section 105 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9605); or

(B) is listed on the state registry established under Section 361.181, Health and Safety Code.

(7) “Critical infrastructure facility” means one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders:

(A) a chemical manufacturing facility;

(B) a refinery;

(C) an electrical power generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility;

(D) a water intake structure, water treatment facility, wastewater treatment plant, or pump station;

(E) a natural gas transmission compressor station;

(F) a liquid natural gas terminal or storage facility;

(G) a telecommunications central switching office;

(H) a port, railroad switching yard, trucking terminal, or other freight transportation facility;

(I) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas; or

(J) a transmission facility used by a federally licensed radio or television station.

(8) “Protected freshwater area” has the meaning assigned by Section 90.001, Parks and Wildlife Code.

(9) “Recognized state” means another state with which the attorney general of this state, with the approval of the governor of this state, negotiated an agreement after determining that the other state:

(A) has firearm proficiency requirements for peace officers; and

(B) fully recognizes the right of peace officers commissioned in this state to carry weapons in the other state.

(10) “Recreational vehicle park” means a tract of land that has rental spaces for two or more recreational vehicles, as defined by Section 522.004, Transportation Code.

(11) “Residential land” means real property improved by a dwelling and zoned for or otherwise authorized for single-family or multifamily use.

(d) An offense under this section is:

(1) a Class B misdemeanor, except as provided by Subdivisions (2) and (3);

(2) a Class C misdemeanor, except as provided by Subdivision (3), if the offense is committed:

(A) on agricultural land and within 100 feet of the boundary of the land; or

(B) on residential land and within 100 feet of a protected freshwater area; and

(3) a Class A misdemeanor if:

(A) the offense is committed:

(i) in a habitation or a shelter center;

(ii) on a Superfund site; or

(iii) on or in a critical infrastructure facility; or

(B) the person carries a deadly weapon during the commission of the offense.

(e) It is a defense to prosecution under this section that the actor at the time of the offense was:

(1) a firefighter or emergency medical services personnel, as defined by Section 773.003, Health and Safety Code, acting in the lawful discharge of an official duty under exigent circumstances;

(2) a person who was:

(A) an employee or agent of:

(i) an electric utility, as defined by Section 31.002, Utilities Code;

(ii) a telecommunications provider, as defined by Section 51.002, Utilities Code;

(iii) a video service provider or cable service provider, as defined by Section 66.002, Utilities Code;

(iv) a gas utility, as defined by Section 101.003 or 121.001, Utilities Code; or

(v) a pipeline used for the transportation or sale of oil, gas, or related products; and

(B) performing a duty within the scope of that employment or agency; or

(3) a person who was:

(A) employed by or acting as agent for an entity that had, or that the person reasonably believed had, effective consent or authorization provided by law to enter the property; and

(B) performing a duty within the scope of that employment or agency.

(f) It is a defense to prosecution under this section that:

(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and

(2) the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, [FN1]to carry a concealed handgun of the same category the person was carrying.

(g) It is a defense to prosecution under this section that the actor entered a railroad switching yard or any part of a railroad switching yard and was at that time an employee or a representative of employees exercising a right under the Railway Labor Act (45 U.S.C. Section 151 et seq.).

(h) At the punishment stage of a trial in which the attorney representing the state seeks the increase in punishment provided by Subsection (d)(3)(A)(iii), the defendant may raise the issue as to whether the defendant entered or remained on or in a critical infrastructure facility as part of a peaceful or lawful assembly, including an attempt to exercise rights guaranteed by state or federal labor laws. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the increase in punishment provided by Subsection (d)(3)(A)(iii) does not apply.

(i) This section does not apply if:

(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and

(2) the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure, regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon.

(j) Repealed by Acts 2009, 81st Leg., ch. 1138, § 4.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1114, ch. 530, § 3, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 2385, ch. 596, § 1, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 139, § 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 308, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 24, § 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1229, §§ 1, 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 161, § 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 169, §§ 1, 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 765, §§ 1, 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, §§ 16.002, 21.001(94), eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1078, § 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1178, § 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, § 14B.001, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 1093, § 3, eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 1337, §§ 20, 21, eff. June 18, 2005; Acts 2007, 80th Leg., ch. 921, §§ 17.001(61), 17.002(13), eff. Sept. 1, 2007; Acts 2009, 81st Leg., ch. 1138, §§ 1 to 4, eff. Sept. 1, 2009; Acts 2011, 82nd Leg., ch. 91 (S.B. 1303), § 20.001, eff. Sept. 1, 2011.

[FN1] V.T.C.A., Government Code § 411.171 et seq.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 30.06

Effective: September 1, 2003

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 30. Burglary and Criminal Trespass (Refs & Annos)

§ 30.06. Trespass by Holder of License to Carry Concealed Handgun

(a) A license holder commits an offense if the license holder:

(1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, [FN1] on property of another without effective consent; and

(2) received notice that:

(A) entry on the property by a license holder with a concealed handgun was forbidden; or

(B) remaining on the property with a concealed handgun was forbidden and failed to depart.

(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.

(1) “Entry” has the meaning assigned by Section 30.05(b).

(2) “License holder” has the meaning assigned by Section 46.035(f).

(3) “Written communication” means:

(A) a card or other document on which is written language identical to the following: “Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun”; or

(B) a sign posted on the property that:

(i) includes the language described by Paragraph (A) in both English and Spanish;

(ii) appears in contrasting colors with block letters at least one inch in height; and

(iii) is displayed in a conspicuous manner clearly visible to the public.

(d) An offense under this section is a Class A misdemeanor.

(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.

CREDIT(S)

Added by Acts 1997, 75th Leg., ch. 1261, § 23, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, § 9.24, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1178, § 2, eff. Sept. 1, 2003.

[FN1] V.T.C.A., Government Code § 411.171 et seq.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 7, Ch. 31, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 7. Offenses Against Property

Chapter 31. Theft

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 31.01

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 31. Theft (Refs & Annos)

§ 31.01. Definitions

In this chapter:

(1) “Deception” means:

(A) creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true;

(B) failing to correct a false impression of law or fact that is likely to affect the judgment of another in the transaction, that the actor previously created or confirmed by words or conduct, and that the actor does not now believe to be true;

(D) selling or otherwise transferring or encumbering property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim, or impediment is or is not valid, or is or is not a matter of official record; or

(E) promising performance that is likely to affect the judgment of another in the transaction and that the actor does not intend to perform or knows will not be performed, except that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed.

(2) “Deprive” means:

(A) to withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner;

(B) to restore property only upon payment of reward or other compensation; or

(3) “Effective consent” includes consent by a person legally authorized to act for the owner. Consent is not effective if:

(A) induced by deception or coercion;

(B) given by a person the actor knows is not legally authorized to act for the owner;

(C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions;

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

(E) given by a person who by reason of advanced age is known by the actor to have a diminished capacity to make informed and rational decisions about the reasonable disposition of property.

(4) “Appropriate” means:

(A) to bring about a transfer or purported transfer of title to or other nonpossessory interest in property, whether to the actor or another; or

(B) to acquire or otherwise exercise control over property other than real property.

(5) “Property” means:

(A) real property;

(B) tangible or intangible personal property including anything severed from land; or

(6) “Service” includes:

(A) labor and professional service;

(B) telecommunication, public utility, or transportation service;

(D) the supply of a motor vehicle or other property for use.

(7) “Steal” means to acquire property or service by theft.

(8) “Certificate of title” has the meaning assigned by Section 501.002, Transportation Code.

(9) “Used or secondhand motor vehicle” means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code.

(10) “Elderly individual” has the meaning assigned by Section 22.04(c).

(11) “Retail merchandise” means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment.

(12) “Retail theft detector” means an electrical, mechanical, electronic, or magnetic device used to prevent or detect shoplifting and includes any article or component part essential to the proper operation of the device.

(13) “Shielding or deactivation instrument” means any item or tool designed, made, or adapted for the purpose of preventing the detection of stolen merchandise by a retail theft detector. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise.

(14) “Fire exit alarm” has the meaning assigned by Section 793.001, Health and Safety Code.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 914, ch. 342, § 9, eff. Sept. 1, 1975; Acts 1985, 69th Leg., ch. 901, § 2, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 165, § 30.237, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 432, § 1, eff. Sept. 1, 2003; Acts 2011, 82nd Leg., ch. 323 (H.B. 2482), § 1, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 31.02

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 31. Theft (Refs & Annos)

§ 31.02. Consolidation of Theft Offenses

Theft as defined in Section 31.03 constitutes a single offense superseding the separate offenses previously known as theft, theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 31.03

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 31. Theft (Refs & Annos)

§ 31.03. Theft

(a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.

(b) Appropriation of property is unlawful if:

(1) it is without the owner's effective consent;

(2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or

(3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another.

(1) evidence that the actor has previously participated in recent transactions other than, but similar to, that which the prosecution is based is admissible for the purpose of showing knowledge or intent and the issues of knowledge or intent are raised by the actor's plea of not guilty;

(2) the testimony of an accomplice shall be corroborated by proof that tends to connect the actor to the crime, but the actor's knowledge or intent may be established by the uncorroborated testimony of the accomplice;

(3) an actor engaged in the business of buying and selling used or secondhand personal property, or lending money on the security of personal property deposited with the actor, is presumed to know upon receipt by the actor of stolen property (other than a motor vehicle subject to Chapter 501, Transportation Code) that the property has been previously stolen from another if the actor pays for or loans against the property $25 or more (or consideration of equivalent value) and the actor knowingly or recklessly:

(A) fails to record the name, address, and physical description or identification number of the seller or pledgor;

(B) fails to record a complete description of the property, including the serial number, if reasonably available, or other identifying characteristics; or

(C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. It is the express intent of this provision that the presumption arises unless the actor complies with each of the numbered requirements;

(4) for the purposes of Subdivision (3)(A), “identification number” means driver's license number, military identification number, identification certificate, or other official number capable of identifying an individual;

(5) stolen property does not lose its character as stolen when recovered by any law enforcement agency;

(6) an actor engaged in the business of obtaining abandoned or wrecked motor vehicles or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, rebuilding, demolition, or other form of salvage is presumed to know on receipt by the actor of stolen property that the property has been previously stolen from another if the actor knowingly or recklessly:

(A) fails to maintain an accurate and legible inventory of each motor vehicle component part purchased by or delivered to the actor, including the date of purchase or delivery, the name, age, address, sex, and driver's license number of the seller or person making the delivery, the license plate number of the motor vehicle in which the part was delivered, a complete description of the part, and the vehicle identification number of the motor vehicle from which the part was removed, or in lieu of maintaining an inventory, fails to record the name and certificate of inventory number of the person who dismantled the motor vehicle from which the part was obtained;

(B) fails on receipt of a motor vehicle to obtain a certificate of authority, sales receipt, or transfer document as required by Chapter 683, Transportation Code, or a certificate of title showing that the motor vehicle is not subject to a lien or that all recorded liens on the motor vehicle have been released; or

(C) fails on receipt of a motor vehicle to immediately remove an unexpired license plate from the motor vehicle, to keep the plate in a secure and locked place, or to maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, of license plates kept under this paragraph, including for each plate or set of plates the license plate number and the make, motor number, and vehicle identification number of the motor vehicle from which the plate was removed;

(7) an actor who purchases or receives a used or secondhand motor vehicle is presumed to know on receipt by the actor of the motor vehicle that the motor vehicle has been previously stolen from another if the actor knowingly or recklessly:

(A) fails to report to the Texas Department of Motor Vehicles the failure of the person who sold or delivered the motor vehicle to the actor to deliver to the actor a properly executed certificate of title to the motor vehicle at the time the motor vehicle was delivered; or

(B) fails to file with the county tax assessor-collector of the county in which the actor received the motor vehicle, not later than the 20th day after the date the actor received the motor vehicle, the registration license receipt and certificate of title or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 520, Transportation Code, [FN1] at the time the motor vehicle was delivered;

(8) an actor who purchases or receives from any source other than a licensed retailer or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide or a compound, mixture, or preparation containing a restricted-use or state-limited-use pesticide is presumed to know on receipt by the actor of the pesticide or compound, mixture, or preparation that the pesticide or compound, mixture, or preparation has been previously stolen from another if the actor:

(A) fails to record the name, address, and physical description of the seller or pledgor;

(B) fails to record a complete description of the amount and type of pesticide or compound, mixture, or preparation purchased or received; and

(C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property; and

(9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from a commission merchant by representing that the actor will make prompt payment is presumed to have induced the commission merchant's consent by deception if the actor fails to make full payment in accordance with Section 409, Packers and Stockyards Act (7 U.S.C. Section 228b).

(d) It is not a defense to prosecution under this section that:

(1) the offense occurred as a result of a deception or strategy on the part of a law enforcement agency, including the use of an undercover operative or peace officer;

(2) the actor was provided by a law enforcement agency with a facility in which to commit the offense or an opportunity to engage in conduct constituting the offense; or

(3) the actor was solicited to commit the offense by a peace officer, and the solicitation was of a type that would encourage a person predisposed to commit the offense to actually commit the offense, but would not encourage a person not predisposed to commit the offense to actually commit the offense.

(e) Except as provided by Subsection (f), an offense under this section is:

(1) a Class C misdemeanor if the value of the property stolen is less than:

(A) $50; or

(B) $20 and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by Section 31.06;

(2) a Class B misdemeanor if:

(A) the value of the property stolen is:

(i) $50 or more but less than $500; or

(ii) $20 or more but less than $500 and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by Section 31.06;

(B) the value of the property stolen is less than:

(i) $50 and the defendant has previously been convicted of any grade of theft; or

(ii) $20, the defendant has previously been convicted of any grade of theft, and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by Section 31.06; or

(C) the property stolen is a driver's license, commercial driver's license, or personal identification certificate issued by this state or another state;

(3) a Class A misdemeanor if the value of the property stolen is $500 or more but less than $1,500;

(4) a state jail felony if:

(A) the value of the property stolen is $1,500 or more but less than $20,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $20,000;

(B) regardless of value, the property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker;

(D) the value of the property stolen is less than $1,500 and the defendant has been previously convicted two or more times of any grade of theft;

(E) the property stolen is an official ballot or official carrier envelope for an election; or

(F) the value of the property stolen is less than $20,000 and the property stolen is :

(i) aluminum;

(ii) bronze;

(iii) copper; or

(iv) brass;

(5) a felony of the third degree if the value of the property stolen is $20,000 or more but less than $100,000, or the property is:

(A) cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $100,000; or

(B) 10 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $100,000;

(6) a felony of the second degree if:

(A) the value of the property stolen is $100,000 or more but less than $200,000; or

(B) the value of the property stolen is less than $200,000 and the property stolen is an automated teller machine or the contents or components of an automated teller machine; or

(7) a felony of the first degree if the value of the property stolen is $200,000 or more.

(f) An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that:

(1) the actor was a public servant at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of his status as a public servant;

(2) the actor was in a contractual relationship with government at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of the contractual relationship;

(3) the owner of the property appropriated was at the time of the offense:

(A) an elderly individual; or

(B) a nonprofit organization;

(4) the actor was a Medicare provider in a contractual relationship with the federal government at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of the contractual relationship; or

(5) during the commission of the offense, the actor intentionally, knowingly, or recklessly:

(A) caused a fire exit alarm to sound or otherwise become activated;

(B) deactivated or otherwise prevented a fire exit alarm or retail theft detector from sounding; or

(C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector.

(g) For the purposes of Subsection (a), a person is the owner of exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, only if the person qualifies to claim the animal under Section 142.0021, Agriculture Code, if the animal is an estray.

(h) In this section:

(1) “Restricted-use pesticide” means a pesticide classified as a restricted-use pesticide by the administrator of the Environmental Protection Agency under 7 U.S.C. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed in the federal regulations adopted under that law (40 C.F.R. Section 152.175) and in effect on that date.

(2) “State-limited-use pesticide” means a pesticide classified as a state-limited-use pesticide by the Department of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date.

(3) “Nonprofit organization” means an organization that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being described as an exempt organization by Section 501(c)(3) of that code.

(4) “Automated teller machine” means an unstaffed electronic information processing device that, at the request of a user, performs a financial transaction through the direct transmission of electronic impulses to a financial institution or through the recording of electronic impulses or other indicia of a transaction for delayed transmission to a financial institution. The term includes an automated banking machine.

(i) For purposes of Subsection (c)(9), “livestock” and “commission merchant” have the meanings assigned by Section 147.001, Agriculture Code.

(j) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 914, ch. 342, § 10, eff. Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. 349, § 1, eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. 298, § 1, eff. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. 455, § 1, eff. June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. 497, § 3, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. 558, § 11, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4523, ch. 741, § 1, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 599, § 1, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 901, § 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 167, § 5.01(a)(45), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 245, § 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 724, §§ 2, 3, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 14, § 284(80), eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 565, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 203, §§ 4, 5, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, § 9, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 734, § 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 843, § 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, §§ 30.238, 31.01(69), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1153, § 7.01, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1276, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, § 2.136, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 257, § 13, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 393, § 20, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 432, § 2, eff. Sept. 1, 2003; Acts 2007, 80th Leg., ch. 304, § 1, eff. Sept. 1, 2007; Acts 2009, 81st Leg., ch. 70, § 1, eff. Sept. 1, 2009; Acts 2009, 81st Leg., ch. 105, § 1, eff. May 23, 2009; Acts 2009, 81st Leg., ch. 139, § 1, eff. Sept. 1, 2009; Acts 2009, 81st Leg., ch. 295, § 1, eff. Sept. 1, 2009; Acts 2009, 81st Leg., ch. 903, §§ 1, 2, eff. Sept. 1, 2009; Acts 2009, 81st Leg., ch. 933, § 3J.01, eff. Sept. 1, 2009; Acts 2011, 82nd Leg., ch. 120 (S.B. 887), §§ 1, 2, eff. Sept. 1, 2011; Acts 2011, 82nd Leg., ch. 323 (H.B. 2482), § 2, eff. Sept. 1, 2011; Acts 2011, 82nd Leg., ch. 1234 (S.B. 694), § 21, eff. Sept. 1, 2011.

[FN1] V.T.C.A., Transportation Code § 520.031 et seq.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 31.04

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 31. Theft (Refs & Annos)

§ 31.04. Theft of Service

(a) A person commits theft of service if, with intent to avoid payment for service that the actor knows is provided only for compensation:

(1) the actor intentionally or knowingly secures performance of the service by deception, threat, or false token;

(2) having control over the disposition of services of another to which the actor is not entitled, the actor intentionally or knowingly diverts the other's services to the actor's own benefit or to the benefit of another not entitled to the services;

(3) having control of personal property under a written rental agreement, the actor holds the property beyond the expiration of the rental period without the effective consent of the owner of the property, thereby depriving the owner of the property of its use in further rentals; or

(4) the actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment.

(b) For purposes of this section, intent to avoid payment is presumed if:

(1) the actor absconded without paying for the service or expressly refused to pay for the service in circumstances where payment is ordinarily made immediately upon rendering of the service, as in hotels, campgrounds, recreational vehicle parks, restaurants, and comparable establishments;

(2) the actor failed to make payment under a service agreement within 10 days after receiving notice demanding payment;

(3) the actor returns property held under a rental agreement after the expiration of the rental agreement and fails to pay the applicable rental charge for the property within 10 days after the date on which the actor received notice demanding payment; or

(4) the actor failed to return the property held under a rental agreement:

(A) within five days after receiving notice demanding return, if the property is valued at less than $1,500; or

(B) within three days after receiving notice demanding return, if the property is valued at $1,500 or more.

(c) For purposes of Subsections (a)(4), (b)(2), and (b)(4), notice shall be notice in writing, sent by registered or certified mail with return receipt requested or by telegram with report of delivery requested, and addressed to the actor at his address shown on the rental agreement or service agreement.

(d) If written notice is given in accordance with Subsection (c), it is presumed that the notice was received no later than five days after it was sent.

(d-1) For purposes of Subsection (a)(4):

(1) if the compensation is or was to be paid on a periodic basis, the intent to avoid payment for a service may be formed at any time during or before a pay period; and

(2) the partial payment of wages alone is not sufficient evidence to negate the actor's intent to avoid payment for a service.

(e) An offense under this section is:

(1) a Class C misdemeanor if the value of the service stolen is less than $20;

(2) a Class B misdemeanor if the value of the service stolen is $20 or more but less than $500;

(3) a Class A misdemeanor if the value of the service stolen is $500 or more but less than $1,500;

(4) a state jail felony if the value of the service stolen is $1,500 or more but less than $20,000;

(5) a felony of the third degree if the value of the service stolen is $20,000 or more but less than $100,000;

(6) a felony of the second degree if the value of the service stolen is $100,000 or more but less than $200,000; or

(7) a felony of the first degree if the value of the service stolen is $200,000 or more.

(f) Notwithstanding any other provision of this code, any police or other report of stolen vehicles by a political subdivision of this state shall include on the report any rental vehicles whose renters have been shown to such reporting agency to be in violation of Subsection (b)(2) and shall indicate that the renting agency has complied with the notice requirements demanding return as provided in this section.

(g) It is a defense to prosecution under this section that:

(1) the defendant secured the performance of the service by giving a post-dated check or similar sight order to the person performing the service; and

(2) the person performing the service or any other person presented the check or sight order for payment before the date on the check or sight order.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 1138, ch. 429, § 1, eff. Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. 497, § 4, eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 565, § 15, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 479, § 1, eff. Aug. 28, 1995; Acts 1999, 76th Leg., ch. 843, § 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1245, §§ 1, 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 419, § 1, eff. Sept. 1, 2003; Acts 2011, 82nd Leg., ch. 141 (S.B. 1024), § 1, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 31.05

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 31. Theft (Refs & Annos)

§ 31.05. Theft of Trade Secrets

(a) For purposes of this section:

(1) “Article” means any object, material, device, or substance or any copy thereof, including a writing, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map.

(2) “Copy” means a facsimile, replica, photograph, or other reproduction of an article or a note, drawing, or sketch made of or from an article.

(3) “Representing” means describing, depicting, containing, constituting, reflecting, or recording.

(4) “Trade secret” means the whole or any part of any scientific or technical information, design, process, procedure, formula, or improvement that has value and that the owner has taken measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes.

(b) A person commits an offense if, without the owner's effective consent, he knowingly:

(1) steals a trade secret;

(2) makes a copy of an article representing a trade secret; or

(3) communicates or transmits a trade secret.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 31.06

Effective: September 1, 2007

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 31. Theft (Refs & Annos)

§ 31.06. Presumption for Theft by Check

(a) If the actor obtained property or secured performance of service by issuing or passing a check or similar sight order for the payment of money, when the issuer did not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders then outstanding, it is prima facie evidence of his intent to deprive the owner of property under Section 31.03 (Theft) including a drawee or third-party holder in due course who negotiated the check or to avoid payment for service under Section 31.04 (Theft of Service) (except in the case of a postdated check or order) if:

(1) he had no account with the bank or other drawee at the time he issued the check or order; or

(2) payment was refused by the bank or other drawee for lack of funds or insufficient funds, on presentation within 30 days after issue, and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal.

(b) For purposes of Subsection (a)(2) or (f)(3), notice may be actual notice or notice in writing that:

(1) is sent by:

(A) first class mail, evidenced by an affidavit of service; or

(B) registered or certified mail with return receipt requested;

(2) is addressed to the issuer at the issuer's address shown on:

(A) the check or order;

(B) the records of the bank or other drawee; or

(3) contains the following statement:

“This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds. If you fail to make payment in full within 10 days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution.”

(c) If written notice is given in accordance with Subsection (b), it is presumed that the notice was received no later than five days after it was sent.

(d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence.

(e) Partial restitution does not preclude the presumption of the requisite intent under this section.

(f) If the actor obtained property by issuing or passing a check or similar sight order for the payment of money, the actor's intent to deprive the owner of the property under Section 31.03 (Theft) is presumed, except in the case of a postdated check or order, if:

(1) the actor ordered the bank or other drawee to stop payment on the check or order;

(2) the bank or drawee refused payment to the holder on presentation of the check or order within 30 days after issue;

(3) the owner gave the actor notice of the refusal of payment and made a demand to the actor for payment or return of the property; and

(4) the actor failed to:

(A) pay the holder within 10 days after receiving the demand for payment; or

(B) return the property to the owner within 10 days after receiving the demand for return of the property.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 543, § 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 753, § 1, eff. Sept. 1, 1995; Acts 2007, 80th Leg., ch. 976, § 1, eff. Sept. 1, 2007.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 31.07

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 31. Theft (Refs & Annos)

§ 31.07. Unauthorized Use of a Vehicle

(a) A person commits an offense if he intentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle without the effective consent of the owner.

(b) An offense under this section is a state jail felony.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 31.08

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 31. Theft (Refs & Annos)

§ 31.08. Value

(a) Subject to the additional criteria of Subsections (b) and (c), value under this chapter is:

(1) the fair market value of the property or service at the time and place of the offense; or

(2) if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the theft.

(b) The value of documents, other than those having a readily ascertainable market value, is:

(1) the amount due and collectible at maturity less that part which has been satisfied, if the document constitutes evidence of a debt; or

(2) the greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document, if the document is other than evidence of a debt.

(c) If property or service has value that cannot be reasonably ascertained by the criteria set forth in Subsections (a) and (b), the property or service is deemed to have a value of $500 or more but less than $1,500.

(d) If the actor proves by a preponderance of the evidence that he gave consideration for or had a legal interest in the property or service stolen, the amount of the consideration or the value of the interest so proven shall be deducted from the value of the property or service ascertained under Subsection (a), (b), or (c) to determine value for purposes of this chapter.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 2920, ch. 497, § 5, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 31.09

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 31. Theft (Refs & Annos)

§ 31.09. Aggregation of Amounts Involved in Theft

When amounts are obtained in violation of this chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the grade of the offense.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 31.10

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 31. Theft (Refs & Annos)

§ 31.10. Actor's Interest in Property

It is no defense to prosecution under this chapter that the actor has an interest in the property or service stolen if another person has the right of exclusive possession of the property.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 31.11

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 31. Theft (Refs & Annos)

§ 31.11. Tampering with Identification Numbers

(a) A person commits an offense if the person:

(1) knowingly or intentionally removes, alters, or obliterates the serial number or other permanent identification marking on tangible personal property; or

(2) possesses, sells, or offers for sale tangible personal property and:

(A) the actor knows that the serial number or other permanent identification marking has been removed, altered, or obliterated; or

(B) a reasonable person in the position of the actor would have known that the serial number or other permanent identification marking has been removed, altered, or obliterated.

(b) It is an affirmative defense to prosecution under this section that the person was:

(1) the owner or acting with the effective consent of the owner of the property involved;

(2) a peace officer acting in the actual discharge of official duties; or

(3) acting with respect to a number assigned to a vehicle by the Texas Department of Transportation or the Texas Department of Motor Vehicles, as applicable, and the person was:

(A) in the actual discharge of official duties as an employee or agent of the department; or

(B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department.

(c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property.

(d) An offense under this section is a Class A misdemeanor.

(e) In this section, “vehicle” has the meaning given by Section 541.201, Transportation Code.

CREDIT(S)

Added by Acts 1979, 66th Leg., p. 417, ch. 191, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 4525, ch. 741, § 2, eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 113, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 165, § 30.239, eff. Sept. 1, 1997; Acts 2009, 81st Leg., ch. 933, § 3J.02, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 31.12

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 31. Theft (Refs & Annos)

§ 31.12. Theft of or Tampering with Multichannel Video or Information Services

(a) A person commits an offense if, without the authorization of the multichannel video or information services provider, the person intentionally or knowingly:

(1) makes or maintains a connection, whether physically, electrically, electronically, or inductively, to:

(A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or

(B) a television set, videotape recorder, or other receiver attached to a multichannel video or information system;

(2) attaches, causes to be attached, or maintains the attachment of a device to:

(A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or

(B) a television set, videotape recorder, or other receiver attached to a multichannel video or information services system;

(3) tampers with, modifies, or maintains a modification to a device installed by a multichannel video or information services provider; or

(4) tampers with, modifies, or maintains a modification to an access device or uses that access device or any unauthorized access device to obtain services from a multichannel video or information services provider.

(b) In this section:

(1) “Access device,” “connection,” and “device” mean an access device, connection, or device wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried by a multichannel video or information services provider.

(2) “Encrypted, encoded, scrambled, or other nonstandard signal” means any type of signal or transmission not intended to produce an intelligible program or service without the use of a device, signal, or information provided by a multichannel video or information services provider.

(3) “Multichannel video or information services provider” means a licensed cable television system, video dialtone system, multichannel multipoint distribution services system, direct broadcast satellite system, or other system providing video or information services that are distributed by cable, wire, radio frequency, or other media.

(c) This section does not prohibit the manufacture, distribution, sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law.

(d) An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the actor:

(1) has been previously convicted one time of an offense under this section, in which event the offense is a Class B misdemeanor, or convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor; or

(2) committed the offense for remuneration, in which event the offense is a Class A misdemeanor, unless it is also shown on the trial of the offense that the actor has been previously convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor with a minimum fine of $2,000 and a minimum term of confinement of 180 days.

(e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense.

CREDIT(S)

Added by Acts 1995, 74th Leg., ch. 318, § 10, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 858, § 1, eff. Sept. 1, 1999.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 31.13

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 31. Theft (Refs & Annos)

§ 31.13. Manufacture, Distribution, or Advertisement of Multichannel Video or Information Services Device

(a) A person commits an offense if the person for remuneration intentionally or knowingly manufactures, assembles, modifies, imports into the state, exports out of the state, distributes, advertises, or offers for sale, with an intent to aid in the commission of an offense under Section 31.12, a device, a kit or part for a device, or a plan for a system of components wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried or caused by a multichannel video or information services provider.

(b) In this section, “device,” “encrypted, encoded, scrambled, or other nonstandard signal,” and “multichannel video or information services provider” have the meanings assigned by Section 31.12.

(c) This section does not prohibit the manufacture, distribution, advertisement, offer for sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law.

(d) An offense under this section is a Class A misdemeanor.

CREDIT(S)

Added by Acts 1995, 74th Leg., ch. 318, § 10, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 858, § 2, eff. Sept. 1, 1999.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 31.14

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 31. Theft (Refs & Annos)

§ 31.14. Sale or Lease of Multichannel Video or Information Services Device

(a) A person commits an offense if the person intentionally or knowingly sells or leases, with an intent to aid in the commission of an offense under Section 31.12, a device, a kit or part for a device, or a plan for a system of components wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried or caused by a multichannel video or information services provider.

(c) This section does not prohibit the sale or lease of satellite receiving antennas that are otherwise permitted by state or federal law without providing notice to the comptroller.

(d) An offense under this section is a Class A misdemeanor.

CREDIT(S)

Added by Acts 1999, 76th Leg., ch. 858, § 3, eff. Sept. 1, 1999.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 31.15

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 31. Theft (Refs & Annos)

§ 31.15. Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft

(a) Repealed by Acts 2011, 82nd Leg., ch. 323 (H.B. 2482), § 4.

(b) A person commits an offense if, with the intent to use the instrument to commit theft, the person:

(1) possesses a shielding or deactivation instrument; or

(2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument.

CREDIT(S)

Added by Acts 2001, 77th Leg., ch. 109, § 1, eff. Sept. 1, 2001. Amended by Acts 2011, 82nd Leg., ch. 323 (H.B. 2482), § 4, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 31.16

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 31. Theft (Refs & Annos)

§ 31.16. Organized Retail Theft

(a) Repealed by Acts 2011, 82nd Leg., ch. 323 (H.B. 2482), § 4.

(b) A person commits an offense if the person intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of:

(1) stolen retail merchandise; or

(2) merchandise explicitly represented to the person as being stolen retail merchandise.

(1) a Class B misdemeanor if the total value of the merchandise involved in the activity is less than $50;

(2) a Class A misdemeanor if the total value of the merchandise involved in the activity is $50 or more but less than $500;

(3) a state jail felony if the total value of the merchandise involved in the activity is $500 or more but less than $1,500;

(4) a felony of the third degree if the total value of the merchandise involved in the activity is $1,500 or more but less than $20,000;

(5) a felony of the second degree if the total value of the merchandise involved in the activity is $20,000 or more but less than $100,000; or

(6) a felony of the first degree if the total value of the merchandise involved in the activity is $100,000 or more.

(d) An offense described for purposes of punishment by Subsections (c)(1)-(5) is increased to the next higher category of offense if it is shown on the trial of the offense that:

(1) the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b); or

(2) during the commission of the offense, a person engaged in an activity described by Subsection (b) intentionally, knowingly, or recklessly:

(A) caused a fire exit alarm to sound or otherwise become activated;

(B) deactivated or otherwise prevented a fire exit alarm or retail theft detector from sounding; or

(C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector.

(e) Repealed by Acts 2011, 82nd Leg., ch. 323 (H.B. 2482), § 4.

CREDIT(S)

Added by Acts 2007, 80th Leg., ch. 1274, § 1, eff. Sept. 1, 2007. Amended by Acts 2011, 82nd Leg., ch. 323 (H.B. 2482), §§ 3, 4, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 31.17

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 31. Theft (Refs & Annos)

§ 31.17. Unauthorized Acquisition or Transfer of Certain Financial Information

(a) In this section:

(1) “Check” has the meaning assigned by Section 3.104, Business & Commerce Code.

(2) “Credit card” and “debit card” have the meanings assigned by Section 32.31.

(3) “Financial sight order or payment card information” means financial information that is:

(A) contained on either side of a check or similar sight order, check card, debit card, or credit card; or

(B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card.

(b) A person commits an offense if the person, knowing that the person is not entitled to obtain or possess that financial information:

(1) obtains the financial sight order or payment card information of another by use of an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner the financial sight order or payment card information; or

(2) transfers to a third party information obtained as described by Subdivision (1).

(c) An offense under Subsection (b)(1) is a Class B misdemeanor. An offense under Subsection (b)(2) is a Class A misdemeanor.

(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.

CREDIT(S)

Added by Acts 2011, 82nd Leg., ch. 260 (H.B. 1215), § 1, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 7, Ch. 32, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 7. Offenses Against Property

Chapter 32. Fraud

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 7, Ch. 32, Subch. A, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 7. Offenses Against Property

Chapter 32. Fraud

Subchapter A. General Provisions

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.01

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter A. General Provisions (Refs & Annos)

§ 32.01. Definitions

In this chapter:

(1) “Financial institution” means a bank, trust company, insurance company, credit union, building and loan association, savings and loan association, investment trust, investment company, or any other organization held out to the public as a place for deposit of funds or medium of savings or collective investment.

(2) “Property” means:

(A) real property;

(B) tangible or intangible personal property including anything severed from land; or

(3) “Service” includes:

(A) labor and professional service;

(B) telecommunication, public utility, and transportation service;

(D) the supply of a motor vehicle or other property for use.

(4) “Steal” means to acquire property or service by theft.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.02

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter A. General Provisions (Refs & Annos)

§ 32.02. Value

(a) Subject to the additional criteria of Subsections (b) and (c), value under this chapter is:

(1) the fair market value of the property or service at the time and place of the offense; or

(2) if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense.

(b) The value of documents, other than those having a readily ascertainable market value, is:

(1) the amount due and collectible at maturity less any part that has been satisfied, if the document constitutes evidence of a debt; or

(2) the greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document, if the document is other than evidence of a debt.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.03

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter A. General Provisions (Refs & Annos)

§ 32.03. Aggregation of Amounts Involved in Fraud

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.21

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter B. Forgery

§ 32.21. Forgery

(a) For purposes of this section:

(1) “Forge” means:

(A) to alter, make, complete, execute, or authenticate any writing so that it purports:

(i) to be the act of another who did not authorize that act;

(ii) to have been executed at a time or place or in a numbered sequence other than was in fact the case; or

(iii) to be a copy of an original when no such original existed;

(B) to issue, transfer, register the transfer of, pass, publish, or otherwise utter a writing that is forged within the meaning of Paragraph (A); or

(C) to possess a writing that is forged within the meaning of Paragraph (A) with intent to utter it in a manner specified in Paragraph (B).

(2) “Writing” includes:

(A) printing or any other method of recording information;

(B) money, coins, tokens, stamps, seals, credit cards, badges, and trademarks; and

(b) A person commits an offense if he forges a writing with intent to defraud or harm another.

(d) An offense under this section is a state jail felony if the writing is or purports to be a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit an account at a financial institution, or similar sight order for payment of money, contract, release, or other commercial instrument.

(e) An offense under this section is a felony of the third degree if the writing is or purports to be:

(1) part of an issue of money, securities, postage or revenue stamps;

(2) a government record listed in Section 37.01(2)(C); or

(3) other instruments issued by a state or national government or by a subdivision of either, or part of an issue of stock, bonds, or other instruments representing interests in or claims against another person.

(e-1) An offense under this section is increased to the next higher category of offense if it is shown on the trial of the offense that the offense was committed against an elderly individual as defined by Section 22.04.

(f) A person is presumed to intend to defraud or harm another if the person acts with respect to two or more writings of the same type and if each writing is a government record listed in Section 37.01(2)(C).

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 113, § 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 189, § 1, eff. May 21, 1997; Acts 2003, 78th Leg., ch. 1104, § 1, eff. Sept. 1, 2003; Acts 2009, 81st Leg., ch. 670, § 1, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.22

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter B. Forgery

§ 32.22. Criminal Simulation

(a) A person commits an offense if, with intent to defraud or harm another:

(1) he makes or alters an object, in whole or in part, so that it appears to have value because of age, antiquity, rarity, source, or authorship that it does not have;

(2) he possesses an object so made or altered, with intent to sell, pass, or otherwise utter it; or

(3) he authenticates or certifies an object so made or altered as genuine or as different from what it is.

(b) An offense under this section is a Class A misdemeanor.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.23

Effective: September 1, 2012

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter B. Forgery

§ 32.23. Trademark Counterfeiting

(a) In this section:

(1) “Counterfeit mark” means a mark that is identical to or substantially indistinguishable from a protected mark the use or production of which is not authorized by the owner of the protected mark.

(2) “Identification mark” means a data plate, serial number, or part identification number.

(3) “Protected mark” means a trademark or service mark or an identification mark that is:

(A) registered with the secretary of state;

(B) registered on the principal register of the United States Patent and Trademark Office;

(D) protected by Section 16.105, Business & Commerce Code, or by 36 U.S.C. Section 371 et seq.

(4) “Retail value” means the actor's regular selling price for a counterfeit mark or an item or service that bears or is identified by a counterfeit mark, except that if an item bearing a counterfeit mark is a component of a finished product, the retail value means the actor's regular selling price of the finished product on or in which the component is used, distributed, or sold.

(5) “Service mark” has the meaning assigned by Section 16.001, Business & Commerce Code.

(6) “Trademark” has the meaning assigned by Section 16.001, Business & Commerce Code.

(b) A person commits an offense if the person intentionally manufactures, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute a counterfeit mark or an item or service that:

(1) bears or is identified by a counterfeit mark; or

(2) the person knows or should have known bears or is identified by a counterfeit mark.

(c) A state or federal certificate of registration of intellectual property is prima facie evidence of the facts stated in the certificate.

(d) For the purposes of Subsection (e), when items or services are the subject of counterfeiting in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense and the retail value of the items or services aggregated in determining the grade of offense.

(e) An offense under this section is a:

(1) Class C misdemeanor if the retail value of the item or service is less than $20;

(2) Class B misdemeanor if the retail value of the item or service is $20 or more but less than $500;

(3) Class A misdemeanor if the retail value of the item or service is $500 or more but less than $1,500;

(4) state jail felony if the retail value of the item or service is $1,500 or more but less than $20,000;

(5) felony of the third degree if the retail value of the item or service is $20,000 or more but less than $100,000;

(6) felony of the second degree if the retail value of the item or service is $100,000 or more but less than $200,000; or

(7) felony of the first degree if the retail value of the item or service is $200,000 or more.

CREDIT(S)

Added by Acts 1997, 75th Leg., ch. 1161, § 2, eff. Sept. 1, 1997. Amended by Acts 2011, 82nd Leg., ch. 563 (H.B. 3141), § 2, eff. Sept. 1, 2012.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.24

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter B. Forgery

§ 32.24. Stealing or Receiving Stolen Check or Similar Sight Order

(a) A person commits an offense if the person steals an unsigned check or similar sight order or, with knowledge that an unsigned check or similar sight order has been stolen, receives the check or sight order with intent to use it, to sell it, or to transfer it to a person other than the person from whom the check or sight order was stolen.

(b) An offense under this section is a Class A misdemeanor.

CREDIT(S)

Added by Acts 1999, 76th Leg., ch. 1413, § 1, eff. Sept. 1, 1999.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.31

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter C. Credit

§ 32.31. Credit Card or Debit Card Abuse

(a) For purposes of this section:

(1) “Cardholder” means the person named on the face of a credit card or debit card to whom or for whose benefit the card is issued.

(2) “Credit card” means an identification card, plate, coupon, book, number, or any other device authorizing a designated person or bearer to obtain property or services on credit. The term includes the number or description of the device if the device itself is not produced at the time of ordering or obtaining the property or service.

(3) “Expired credit card” means a credit card bearing an expiration date after that date has passed.

(4) “Debit card” means an identification card, plate, coupon, book, number, or any other device authorizing a designated person or bearer to communicate a request to an unmanned teller machine or a customer convenience terminal or obtain property or services by debit to an account at a financial institution. The term includes the number or description of the device if the device itself is not produced at the time of ordering or obtaining the benefit.

(5) “Expired debit card” means a debit card bearing as its expiration date a date that has passed.

(6) “Unmanned teller machine” means a machine, other than a telephone, capable of being operated by a customer, by which a customer may communicate to a financial institution a request to withdraw a benefit for himself or for another directly from the customer's account or from the customer's account under a line of credit previously authorized by the institution for the customer.

(7) “Customer convenience terminal” means an unmanned teller machine the use of which does not involve personnel of a financial institution.

(b) A person commits an offense if:

(1) with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that:

(A) the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder; or

(B) the card has expired or has been revoked or cancelled;

(2) with intent to obtain a benefit, he uses a fictitious credit card or debit card or the pretended number or description of a fictitious card;

(3) he receives a benefit that he knows has been obtained in violation of this section;

(4) he steals a credit card or debit card or, with knowledge that it has been stolen, receives a credit card or debit card with intent to use it, to sell it, or to transfer it to a person other than the issuer or the cardholder;

(5) he buys a credit card or debit card from a person who he knows is not the issuer;

(6) not being the issuer, he sells a credit card or debit card;

(7) he uses or induces the cardholder to use the cardholder's credit card or debit card to obtain property or service for the actor's benefit for which the cardholder is financially unable to pay;

(8) not being the cardholder, and without the effective consent of the cardholder, he possesses a credit card or debit card with intent to use it;

(9) he possesses two or more incomplete credit cards or debit cards that have not been issued to him with intent to complete them without the effective consent of the issuer. For purposes of this subdivision, a card is incomplete if part of the matter that an issuer requires to appear on the card before it can be used, other than the signature of the cardholder, has not yet been stamped, embossed, imprinted, or written on it;

(10) being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, he, with intent to defraud the issuer or the cardholder, furnishes goods or services on presentation of a credit card or debit card obtained or retained in violation of this section or a credit card or debit card that is forged, expired, or revoked; or

(11) being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, he, with intent to defraud the issuer or a cardholder, fails to furnish goods or services that he represents in writing to the issuer that he has furnished.

(c) It is presumed that a person who used a revoked, cancelled, or expired credit card or debit card had knowledge that the card had been revoked, cancelled, or expired if he had received notice of revocation, cancellation, or expiration from the issuer. For purposes of this section, notice may be either notice given orally in person or by telephone, or in writing by mail or by telegram. If written notice was sent by registered or certified mail with return receipt requested, or by telegram with report of delivery requested, addressed to the cardholder at the last address shown by the records of the issuer, it is presumed that the notice was received by the cardholder no later than five days after sent.

(d) An offense under this section is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the offense was committed against an elderly individual as defined by Section 22.04.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1104, §§ 2, 3, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 1054, § 1, eff. Sept. 1, 2005; Acts 2009, 81st Leg., ch. 670, § 2, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.32

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter C. Credit

§ 32.32. False Statement to Obtain Property or Credit or in the Provision of Certain Services

(a) For purposes of this section, “credit” includes:

(1) a loan of money;

(2) furnishing property or service on credit;

(3) extending the due date of an obligation;

(4) comaking, endorsing, or guaranteeing a note or other instrument for obtaining credit;

(5) a line or letter of credit;

(6) a credit card, as defined in Section 32.31 (Credit Card or Debit Card Abuse); and

(7) a mortgage loan.

(b) A person commits an offense if he intentionally or knowingly makes a materially false or misleading written statement to obtain property or credit, including a mortgage loan.

(b-1) A person commits an offense if the person intentionally or knowingly makes a materially false or misleading written statement in providing an appraisal of real property for compensation.

(1) a Class C misdemeanor if the value of the property or the amount of credit is less than $50;

(2) a Class B misdemeanor if the value of the property or the amount of credit is $50 or more but less than $500;

(3) a Class A misdemeanor if the value of the property or the amount of credit is $500 or more but less than $1,500;

(4) a state jail felony if the value of the property or the amount of credit is $1,500 or more but less than $20,000;

(5) a felony of the third degree if the value of the property or the amount of credit is $20,000 or more but less than $100,000;

(6) a felony of the second degree if the value of the property or the amount of credit is $100,000 or more but less than $200,000; or

(7) a felony of the first degree if the value of the property or the amount of credit is $200,000 or more.

(d) The following agencies shall assist a prosecuting attorney of the United States or of a county or judicial district of this state, a county or state law enforcement agency of this state, or a federal law enforcement agency in the investigation of an offense under this section involving a mortgage loan:

(1) the office of the attorney general;

(2) the Department of Public Safety;

(3) the Texas Department of Insurance;

(4) the Office of Consumer Credit Commissioner;

(5) the Texas Department of Banking;

(6) the credit union department;

(7) the Department of Savings and Mortgage Lending;

(8) the Texas Real Estate Commission;

(9) the Texas Appraiser Licensing and Certification Board; and

(10) the Texas Department of Housing and Community Affairs.

(e) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves a mortgage loan.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 76, § 14.50, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 1245, § 3, eff. Sept. 1, 2001; Acts 2007, 80th Leg., ch. 285, § 5, eff. Sept. 1, 2007; Acts 2009, 81st Leg., ch. 709, §§ 4, 5, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.33

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter C. Credit

§ 32.33. Hindering Secured Creditors

(a) For purposes of this section:

(1) “Remove” means transport, without the effective consent of the secured party, from the state in which the property was located when the security interest or lien attached.

(2) “Security interest” means an interest in personal property or fixtures that secures payment or performance of an obligation.

(b) A person who has signed a security agreement creating a security interest in property or a mortgage or deed of trust creating a lien on property commits an offense if, with intent to hinder enforcement of that interest or lien, he destroys, removes, conceals, encumbers, or otherwise harms or reduces the value of the property.

(c) For purposes of this section, a person is presumed to have intended to hinder enforcement of the security interest or lien if, when any part of the debt secured by the security interest or lien was due, he failed:

(1) to pay the part then due; and

(2) if the secured party had made demand, to deliver possession of the secured property to the secured party.

(d) An offense under Subsection (b) is a:

(1) Class C misdemeanor if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is less than $20;

(2) Class B misdemeanor if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $20 or more but less than $500;

(3) Class A misdemeanor if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $500 or more but less than $1,500;

(4) state jail felony if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $1,500 or more but less than $20,000;

(5) felony of the third degree if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $20,000 or more but less than $100,000;

(6) felony of the second degree if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $100,000 or more but less than $200,000; or

(7) felony of the first degree if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $200,000 or more.

(e) A person who is a debtor under a security agreement, and who does not have a right to sell or dispose of the secured property or is required to account to the secured party for the proceeds of a permitted sale or disposition, commits an offense if the person sells or otherwise disposes of the secured property, or does not account to the secured party for the proceeds of a sale or other disposition as required, with intent to appropriate (as defined in Chapter 31) the proceeds or value of the secured property. A person is presumed to have intended to appropriate proceeds if the person does not deliver the proceeds to the secured party or account to the secured party for the proceeds before the 11th day after the day that the secured party makes a lawful demand for the proceeds or account. An offense under this subsection is:

(1) a Class C misdemeanor if the proceeds obtained from the sale or other disposition are money or goods having a value of less than $20;

(2) a Class B misdemeanor if the proceeds obtained from the sale or other disposition are money or goods having a value of $20 or more but less than $500;

(3) a Class A misdemeanor if the proceeds obtained from the sale or other disposition are money or goods having a value of $500 or more but less than $1,500;

(4) a state jail felony if the proceeds obtained from the sale or other disposition are money or goods having a value of $1,500 or more but less than $20,000;

(5) a felony of the third degree if the proceeds obtained from the sale or other disposition are money or goods having a value of $20,000 or more but less than $100,000;

(6) a felony of the second degree if the proceeds obtained from the sale or other disposition are money or goods having a value of $100,000 or more but less than $200,000; or

(7) a felony of the first degree if the proceeds obtained from the sale or other disposition are money or goods having a value of $200,000 or more.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 501, ch. 232, § 1, eff. Sept. 1, 1979; Acts 1985, 69th Leg., ch. 914, § 5, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.34

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter C. Credit

§ 32.34. Fraudulent Transfer of a Motor Vehicle

(a) In this section:

(1) “Lease” means the grant of use and possession of a motor vehicle for consideration, whether or not the grant includes an option to buy the vehicle.

(2) “Motor vehicle” means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks.

(3) “Security interest” means an interest in personal property or fixtures that secures payment or performance of an obligation.

(4) “Third party” means a person other than the actor or the owner of the vehicle.

(5) “Transfer” means to transfer possession, whether or not another right is also transferred, by means of a sale, lease, sublease, lease assignment, or other property transfer.

(b) A person commits an offense if the person acquires, accepts possession of, or exercises control over the motor vehicle of another under a written or oral agreement to arrange for the transfer of the vehicle to a third party and:

(1) knowing the vehicle is subject to a security interest, lease, or lien, the person transfers the vehicle to a third party without first obtaining written authorization from the vehicle's secured creditor, lessor, or lienholder;

(2) intending to defraud or harm the vehicle's owner, the person transfers the vehicle to a third party;

(3) intending to defraud or harm the vehicle's owner, the person disposes of the vehicle in a manner other than by transfer to a third party; or

(4) the person does not disclose the location of the vehicle on the request of the vehicle's owner, secured creditor, lessor, or lienholder.

(c) For the purposes of Subsection (b)(2), the actor is presumed to have intended to defraud or harm the motor vehicle's owner if the actor does not take reasonable steps to determine whether or not the third party is financially able to pay for the vehicle.

(d) It is a defense to prosecution under Subsection (b)(1) that the entire indebtedness secured by or owed under the security interest, lease, or lien is paid or satisfied in full not later than the 30th day after the date that the transfer was made.

(e) It is not a defense to prosecution under Subsection (b)(1) that the motor vehicle's owner has violated a contract creating a security interest, lease, or lien in the motor vehicle.

(f) An offense under Subsection (b)(1), (b)(2), or (b)(3) is:

(1) a state jail felony if the value of the motor vehicle is less than $20,000; or

(2) a felony of the third degree if the value of the motor vehicle is $20,000 or more.

(g) An offense under Subsection (b)(4) is a Class A misdemeanor.

CREDIT(S)

Added by Acts 1989, 71st Leg., ch. 954, § 1, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Penal Code, § 32.36 and amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.35

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter C. Credit

§ 32.35. Credit Card Transaction Record Laundering

(a) In this section:

(1) “Agent” means a person authorized to act on behalf of another and includes an employee.

(2) “Authorized vendor” means a person authorized by a creditor to furnish property, service, or anything else of value upon presentation of a credit card by a cardholder.

(3) “Cardholder” means the person named on the face of a credit card to whom or for whose benefit the credit card is issued, and includes the named person's agents.

(4) “Credit card” means an identification card, plate, coupon, book, number, or any other device authorizing a designated person or bearer to obtain property or services on credit. It includes the number or description on the device if the device itself is not produced at the time of ordering or obtaining the property or service.

(5) “Creditor” means a person licensed under Chapter 342, Finance Code, a bank, savings and loan association, credit union, or other regulated financial institution that lends money or otherwise extends credit to a cardholder through a credit card and that authorizes other persons to honor the credit card.

(b) A person commits an offense if the person is an authorized vendor who, with intent to defraud the creditor or cardholder, presents to a creditor, for payment, a credit card transaction record of a sale that was not made by the authorized vendor or the vendor's agent.

(c) A person commits an offense if, without the creditor's authorization, the person employs, solicits, or otherwise causes an authorized vendor or the vendor's agent to present to a creditor, for payment, a credit card transaction record of a sale that was not made by the authorized vendor or the vendor's agent.

(d) It is presumed that a person is not the agent of an authorized vendor if a fee is paid or offered to be paid by the person to the authorized vendor in connection with the vendor's presentment to a creditor of a credit card transaction record.

(e) An offense under this section is a:

(1) Class C misdemeanor if the amount of the record of a sale is less than $20;

(2) Class B misdemeanor if the amount of the record of a sale is $20 or more but less than $500;

(3) Class A misdemeanor if the amount of the record of a sale is $500 or more but less than $1,500;

(4) state jail felony if the amount of the record of a sale is $1,500 or more but less than $20,000;

(5) felony of the third degree if the amount of the record of a sale is $20,000 or more but less than $100,000;

(6) felony of the second degree if the amount of the record of a sale is $100,000 or more but less than $200,000; or

(7) felony of the first degree if the amount of the record of a sale is $200,000 or more.

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 792, § 1, eff. Aug. 26, 1991. Renumbered from V.T.C.A., Penal Code § 32.37 and amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 1997, 75th Leg., ch. 1396, § 38, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, § 7.83, eff. Sept. 1, 1999.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.41

Effective: September 1, 2007

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter D. Other Deceptive Practices

§ 32.41. Issuance of Bad Check

(a) A person commits an offense if he issues or passes a check or similar sight order for the payment of money knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders outstanding at the time of issuance.

(b) This section does not prevent the prosecution from establishing the required knowledge by direct evidence; however, for purposes of this section, the issuer's knowledge of insufficient funds is presumed (except in the case of a postdated check or order) if:

(1) he had no account with the bank or other drawee at the time he issued the check or order; or

(2) payment was refused by the bank or other drawee for lack of funds or insufficient funds on presentation within 30 days after issue and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal.

(1) is sent by:

(A) first class mail, evidenced by an affidavit of service; or

(B) registered or certified mail with return receipt requested;

(2) is addressed to the issuer at the issuer's address shown on:

(A) the check or order;

(B) the records of the bank or other drawee; or

(3) contains the following statement:

(d) If notice is given in accordance with Subsection (c), it is presumed that the notice was received no later than five days after it was sent.

(e) A person charged with an offense under this section may make restitution for the bad checks. Restitution shall be made through the prosecutor's office if collection and processing were initiated through that office. In other cases restitution may be, with the approval of the court in which the offense is filed:

(1) made through the court; or

(2) collected by a law enforcement agency if a peace officer of that agency executes a warrant against the person charged with the offense.

(f) Except as otherwise provided by this subsection, an offense under this section is a Class C misdemeanor. If the check or similar sight order that was issued or passed was for a child support payment the obligation for which is established under a court order, the offense is a Class B misdemeanor.

(g) An offense under this section is not a lesser included offense of an offense under Section 31.03 or 31.04.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 5050, ch. 911, § 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 687, § 2, eff. June 18, 1987; Acts 1989, 71st Leg., ch. 1038, § 1, eff. June 16, 1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 753, § 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 702, § 14, eff. Sept. 1, 1997; Acts 2007, 80th Leg., ch. 976, § 2, eff. Sept. 1, 2007; Acts 2007, 80th Leg., ch. 1393, § 1, eff. Sept. 1, 2007.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.42

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter D. Other Deceptive Practices

§ 32.42. Deceptive Business Practices

(a) For purposes of this section:

(1) “Adulterated” means varying from the standard of composition or quality prescribed by law or set by established commercial usage.

(2) “Business” includes trade and commerce and advertising, selling, and buying service or property.

(3) “Commodity” means any tangible or intangible personal property.

(4) “Contest” includes sweepstake, puzzle, and game of chance.

(5) “Deceptive sales contest” means a sales contest:

(A) that misrepresents the participant's chance of winning a prize;

(B) that fails to disclose to participants on a conspicuously displayed permanent poster (if the contest is conducted by or through a retail outlet) or on each card game piece, entry blank, or other paraphernalia required for participation in the contest (if the contest is not conducted by or through a retail outlet):

(i) the geographical area or number of outlets in which the contest is to be conducted;

(ii) an accurate description of each type of prize;

(iii) the minimum number and minimum amount of cash prizes; and

(iv) the minimum number of each other type of prize; or

(C) that is manipulated or rigged so that prizes are given to predetermined persons or retail establishments. A sales contest is not deceptive if the total value of prizes to each retail outlet is in a uniform ratio to the number of game pieces distributed to that outlet.

(6) “Mislabeled” means varying from the standard of truth or disclosure in labeling prescribed by law or set by established commercial usage.

(7) “Prize” includes gift, discount, coupon, certificate, gratuity, and any other thing of value awarded in a sales contest.

(8) “Sales contest” means a contest in connection with the sale of a commodity or service by which a person may, as determined by drawing, guessing, matching, or chance, receive a prize and which is not regulated by the rules of a federal regulatory agency.

(9) “Sell” and “sale” include offer for sale, advertise for sale, expose for sale, keep for the purpose of sale, deliver for or after sale, solicit and offer to buy, and every disposition for value.

(b) A person commits an offense if in the course of business he intentionally, knowingly, recklessly, or with criminal negligence commits one or more of the following deceptive business practices:

(1) using, selling, or possessing for use or sale a false weight or measure, or any other device for falsely determining or recording any quality or quantity;

(2) selling less than the represented quantity of a property or service;

(3) taking more than the represented quantity of property or service when as a buyer the actor furnishes the weight or measure;

(4) selling an adulterated or mislabeled commodity;

(5) passing off property or service as that of another;

(6) representing that a commodity is original or new if it is deteriorated, altered, rebuilt, reconditioned, reclaimed, used, or secondhand;

(7) representing that a commodity or service is of a particular style, grade, or model if it is of another;

(8) advertising property or service with intent:

(A) not to sell it as advertised, or

(B) not to supply reasonably expectable public demand, unless the advertising adequately discloses a time or quantity limit;

(9) representing the price of property or service falsely or in a way tending to mislead;

(10) making a materially false or misleading statement of fact concerning the reason for, existence of, or amount of a price or price reduction;

(11) conducting a deceptive sales contest; or

(12) making a materially false or misleading statement:

(A) in an advertisement for the purchase or sale of property or service; or

(B) otherwise in connection with the purchase or sale of property or service.

(1) a Class C misdemeanor if the actor commits an offense with criminal negligence and if he has not previously been convicted of a deceptive business practice; or

(2) a Class A misdemeanor if the actor commits an offense intentionally, knowingly, recklessly or if he has been previously convicted of a Class B or C misdemeanor under this section.

(d) An offense under Subsections (b)(7), (b)(8), (b)(9), (b)(10), (b)(11), and (b)(12) is a Class A misdemeanor.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 1350, ch. 508, §§ 1, 2, eff. Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.43

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter D. Other Deceptive Practices

§ 32.43. Commercial Bribery

(a) For purposes of this section:

(1) “Beneficiary” means a person for whom a fiduciary is acting.

(2) “Fiduciary” means:

(A) an agent or employee;

(B) a trustee, guardian, custodian, administrator, executor, conservator, receiver, or similar fiduciary;

(D) an officer, director, partner, manager, or other participant in the direction of the affairs of a corporation or association.

(b) A person who is a fiduciary commits an offense if, without the consent of his beneficiary, he intentionally or knowingly solicits, accepts, or agrees to accept any benefit from another person on agreement or understanding that the benefit will influence the conduct of the fiduciary in relation to the affairs of his beneficiary.

(c) A person commits an offense if he offers, confers, or agrees to confer any benefit the acceptance of which is an offense under Subsection (b).

(d) An offense under this section is a state jail felony.

(e) In lieu of a fine that is authorized by Subsection (d), and in addition to the imprisonment that is authorized by that subsection, if the court finds that an individual who is a fiduciary gained a benefit through the commission of an offense under Subsection (b), the court may sentence the individual to pay a fine in an amount fixed by the court, not to exceed double the value of the benefit gained. This subsection does not affect the application of Section 12.51(c) to an offense under this section committed by a corporation or association.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 1942, ch. 357, § 1, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.44

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter D. Other Deceptive Practices

§ 32.44. Rigging Publicly Exhibited Contest

(a) A person commits an offense if, with intent to affect the outcome (including the score) of a publicly exhibited contest:

(1) he offers, confers, or agrees to confer any benefit on, or threatens harm to:

(A) a participant in the contest to induce him not to use his best efforts; or

(B) an official or other person associated with the contest; or

(2) he tampers with a person, animal, or thing in a manner contrary to the rules of the contest.

(b) A person commits an offense if he intentionally or knowingly solicits, accepts, or agrees to accept any benefit the conferring of which is an offense under Subsection (a).

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.441

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter D. Other Deceptive Practices

§ 32.441. Illegal Recruitment of an Athlete

(a) A person commits an offense if, without the consent of the governing body or a designee of the governing body of an institution of higher education, the person intentionally or knowingly solicits, accepts, or agrees to accept any benefit from another on an agreement or understanding that the benefit will influence the conduct of the person in enrolling in the institution and participating in intercollegiate athletics.

(b) A person commits an offense if he offers, confers, or agrees to confer any benefit the acceptance of which is an offense under Subsection (a).

(c) It is an exception to prosecution under this section that the person offering, conferring, or agreeing to confer a benefit and the person soliciting, accepting, or agreeing to accept a benefit are related within the second degree of consanguinity or affinity, as determined under Chapter 573, Government Code.

(d) It is an exception to prosecution under Subsection (a) that, not later than the 60th day after the date the person accepted or agreed to accept a benefit, the person contacted a law enforcement agency and furnished testimony or evidence about the offense.

(e) An offense under this section is a:

(1) Class C misdemeanor if the value of the benefit is less than $20;

(2) Class B misdemeanor if the value of the benefit is $20 or more but less than $500;

(3) Class A misdemeanor if the value of the benefit is $500 or more but less than $1,500;

(4) state jail felony if the value of the benefit is $1,500 or more but less than $20,000;

(5) felony of the third degree if the value of the benefit is $20,000 or more but less than $100,000;

(6) felony of the second degree if the value of the benefit is $100,000 or more but less than $200,000; or

(7) felony of the first degree if the value of the benefit is $200,000 or more.

CREDIT(S)

Added by Acts 1989, 71st Leg., ch. 125, § 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 561, § 41, eff. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 76, § 5.95(27), eff. Sept. 1, 1995.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.45

Effective: September 1, 2005

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter D. Other Deceptive Practices

§ 32.45. Misapplication of Fiduciary Property or Property of Financial Institution

(a) For purposes of this section:

(1) “Fiduciary” includes:

(A) a trustee, guardian, administrator, executor, conservator, and receiver;

(B) an attorney in fact or agent appointed under a durable power of attorney as provided by Chapter XII, Texas Probate Code;

(C) any other person acting in a fiduciary capacity, but not a commercial bailee unless the commercial bailee is a party in a motor fuel sales agreement with a distributor or supplier, as those terms are defined by Section 153.001, Tax Code; and

(D) an officer, manager, employee, or agent carrying on fiduciary functions on behalf of a fiduciary.

(2) “Misapply” means deal with property contrary to:

(A) an agreement under which the fiduciary holds the property; or

(B) a law prescribing the custody or disposition of the property.

(b) A person commits an offense if he intentionally, knowingly, or recklessly misapplies property he holds as a fiduciary or property of a financial institution in a manner that involves substantial risk of loss to the owner of the property or to a person for whose benefit the property is held.

(1) a Class C misdemeanor if the value of the property misapplied is less than $20;

(2) a Class B misdemeanor if the value of the property misapplied is $20 or more but less than $500;

(3) a Class A misdemeanor if the value of the property misapplied is $500 or more but less than $1,500;

(4) a state jail felony if the value of the property misapplied is $1,500 or more but less than $20,000;

(5) a felony of the third degree if the value of the property misapplied is $20,000 or more but less than $100,000;

(6) a felony of the second degree if the value of the property misapplied is $100,000 or more but less than $200,000; or

(7) a felony of the first degree if the value of the property misapplied is $200,000 or more.

(d) An offense described for purposes of punishment by Subsections (c)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that the offense was committed against an elderly individual as defined by Section 22.04.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 565, § 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1036, § 14, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1047, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, § 2.137, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 257, § 14, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 432, § 3, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 728, § 23.001(77), eff. Sept. 1, 2005.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.46

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter D. Other Deceptive Practices

§ 32.46. Securing Execution of Document by Deception

(a) A person commits an offense if, with intent to defraud or harm any person, he, by deception:

(1) causes another to sign or execute any document affecting property or service or the pecuniary interest of any person; or

(2) causes or induces a public servant to file or record any purported judgment or other document purporting to memorialize or evidence an act, an order, a directive, or process of:

(A) a purported court that is not expressly created or established under the constitution or the laws of this state or of the United States;

(B) a purported judicial entity that is not expressly created or established under the constitution or laws of this state or of the United States; or

(b) An offense under Subsection (a)(1) is a:

(1) Class C misdemeanor if the value of the property, service, or pecuniary interest is less than $20;

(2) Class B misdemeanor if the value of the property, service, or pecuniary interest is $20 or more but less than $500;

(3) Class A misdemeanor if the value of the property, service, or pecuniary interest is $500 or more but less than $1,500;

(4) state jail felony if the value of the property, service, or pecuniary interest is $1,500 or more but less than $20,000;

(5) felony of the third degree if the value of the property, service, or pecuniary interest is $20,000 or more but less than $100,000;

(6) felony of the second degree if the value of the property, service, or pecuniary interest is $100,000 or more but less than $200,000; or

(7) felony of the first degree if the value of the property, service, or pecuniary interest is $200,000 or more.

(c-1) An offense described for purposes of punishment by Subsections (b)(1)-(6) and (c) is increased to the next higher category of offense if it is shown on the trial of the offense that the offense was committed against an elderly individual as defined by Section 22.04 or involves the state Medicaid program.

(d) In this section:

(1) “Deception” has the meaning assigned by Section 31.01.

(2) “Document” includes electronically stored data or other information that is retrievable in a readable, perceivable form.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 189, § 2, eff. May 21, 1997; Acts 2003, 78th Leg., ch. 198, § 2.138, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 257, § 15, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 432, § 4, eff. Sept. 1, 2003; Acts 2007, 80th Leg., ch. 127, § 4, eff. Sept. 1, 2007; Acts 2011, 82nd Leg., ch. 620 (S.B. 688), § 6, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.47

Effective: September 1, 2001

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter D. Other Deceptive Practices

§ 32.47. Fraudulent Destruction, Removal, or Concealment of Writing

(a) A person commits an offense if, with intent to defraud or harm another, he destroys, removes, conceals, alters, substitutes, or otherwise impairs the verity, legibility, or availability of a writing, other than a governmental record.

(b) For purposes of this section, “writing” includes:

(1) printing or any other method of recording information;

(2) money, coins, tokens, stamps, seals, credit cards, badges, trademarks;

(3) symbols of value, right, privilege, or identification; and

(4) universal product codes, labels, price tags, or markings on goods.

(d) An offense under this section is a state jail felony if the writing:

(1) is a will or codicil of another, whether or not the maker is alive or dead and whether or not it has been admitted to probate; or

(2) is a deed, mortgage, deed of trust, security instrument, security agreement, or other writing for which the law provides public recording or filing, whether or not the writing has been acknowledged.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 21, § 1, eff. Sept. 1, 2001.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.48

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter D. Other Deceptive Practices

§ 32.48. Simulating Legal Process

(a) A person commits an offense if the person recklessly causes to be delivered to another any document that simulates a summons, complaint, judgment, or other court process with the intent to:

(1) induce payment of a claim from another person; or

(2) cause another to:

(A) submit to the putative authority of the document; or

(B) take any action or refrain from taking any action in response to the document, in compliance with the document, or on the basis of the document.

(b) Proof that the document was mailed to any person with the intent that it be forwarded to the intended recipient is a sufficient showing that the document was delivered.

(1) states that it is not legal process; or

(2) purports to have been issued or authorized by a person or entity who did not have lawful authority to issue or authorize the document.

(d) If it is shown on the trial of an offense under this section that the simulating document was filed with, presented to, or delivered to a clerk of a court or an employee of a clerk of a court created or established under the constitution or laws of this state, there is a rebuttable presumption that the document was delivered with the intent described by Subsection (a).

(e) Except as provided by Subsection (f), an offense under this section is a Class A misdemeanor.

(f) If it is shown on the trial of an offense under this section that the defendant has previously been convicted of a violation of this section, the offense is a state jail felony.

CREDIT(S)

Added by Acts 1997, 75th Leg., ch. 189, § 3, eff. May 21, 1997.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.49

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter D. Other Deceptive Practices

§ 32.49. Refusal to Execute Release of Fraudulent Lien or Claim

(a) A person commits an offense if, with intent to defraud or harm another, the person:

(1) owns, holds, or is the beneficiary of a purported lien or claim asserted against real or personal property or an interest in real or personal property that is fraudulent, as described by Section 51.901(c), Government Code; and

(2) not later than the 21st day after the date of receipt of actual or written notice sent by either certified or registered mail, return receipt requested, to the person's last known address, or by telephonic document transfer to the recipient's current telecopier number, requesting the execution of a release of the fraudulent lien or claim, refuses to execute the release on the request of:

(A) the obligor or debtor; or

(B) any person who owns any interest in the real or personal property described in the document or instrument that is the basis for the lien or claim.

(b) A person who fails to execute a release of the purported lien or claim within the period prescribed by Subsection (a)(2) is presumed to have had the intent to harm or defraud another.

CREDIT(S)

Added by Acts 1997, 75th Leg., ch. 189, § 4, eff. May 21, 1997.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.50

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter D. Other Deceptive Practices

§ 32.50. Deceptive Preparation and Marketing of Academic Product

(a) For purposes of this section:

(1) “Academic product” means a term paper, thesis, dissertation, essay, report, recording, work of art, or other written, recorded, pictorial, or artistic product or material submitted or intended to be submitted by a person to satisfy an academic requirement of the person.

(2) “Academic requirement” means a requirement or prerequisite to receive course credit or to complete a course of study or degree, diploma, or certificate program at an institution of higher education.

(3) “Institution of higher education” means an institution of higher education or private or independent institution of higher education as those terms are defined by Section 61.003, Education Code, or a private postsecondary educational institution as that term is defined by Section 61.302, Education Code.

(b) A person commits an offense if, with intent to make a profit, the person prepares, sells, offers or advertises for sale, or delivers to another person an academic product when the person knows, or should reasonably have known, that a person intends to submit or use the academic product to satisfy an academic requirement of a person other than the person who prepared the product.

(c) A person commits an offense if, with intent to induce another person to enter into an agreement or obligation to obtain or have prepared an academic product, the person knowingly makes or disseminates a written or oral statement that the person will prepare or cause to be prepared an academic product to be sold for use in satisfying an academic requirement of a person other than the person who prepared the product.

(d) It is a defense to prosecution under this section that the actor's conduct consisted solely of action taken as an employee of an institution of higher education in providing instruction, counseling, or tutoring in research or writing to students of the institution.

(e) It is a defense to prosecution under this section that the actor's conduct consisted solely of offering or providing tutorial or editing assistance to another person in connection with the other person's preparation of an academic product to satisfy the other person's academic requirement, and the actor does not offer or provide substantial preparation, writing, or research in the production of the academic product.

(f) It is a defense to prosecution under this section that the actor's conduct consisted solely of typing, transcribing, or reproducing a manuscript for a fee, or of offering to do so.

(g) An offense under this section is a Class C misdemeanor.

CREDIT(S)

Added by Acts 1997, 75th Leg., ch. 730, § 1, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Penal Code § 32.49 by Acts 1999, 76th Leg., ch. 62, § 19.01(87), (88), eff. Sept. 1, 1999.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.51

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter D. Other Deceptive Practices

§ 32.51. Fraudulent Use or Possession of Identifying Information

(a) In this section:

(1) “Identifying information” means information that alone or in conjunction with other information identifies a person, including a person's:

(A) name and date of birth;

(B) unique biometric data, including the person's fingerprint, voice print, or retina or iris image;

(D) telecommunication identifying information or access device; and

(E) social security number or other government-issued identification number.

(2) “Telecommunication access device” means a card, plate, code, account number, personal identification number, electronic serial number, mobile identification number, or other telecommunications service, equipment, or instrument identifier or means of account access that alone or in conjunction with another telecommunication access device may be used to:

(A) obtain money, goods, services, or other thing of value; or

(B) initiate a transfer of funds other than a transfer originated solely by paper instrument.

(b) A person commits an offense if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses an item of:

(1) identifying information of another person without the other person's consent;

(2) information concerning a deceased natural person, including a stillborn infant or fetus, that would be identifying information of that person were that person alive, if the item of information is obtained, possessed, transferred, or used without legal authorization; or

(3) identifying information of a child younger than 18 years of age.

(b-1) For the purposes of Subsection (b), the actor is presumed to have the intent to harm or defraud another if the actor possesses:

(1) the identifying information of three or more other persons;

(2) information described by Subsection (b)(2) concerning three or more deceased persons; or

(3) information described by Subdivision (1) or (2) concerning three or more persons or deceased persons.

(b-2) The presumption established under Subsection (b-1) does not apply to a business or other commercial entity or a government agency that is engaged in a business activity or governmental function that does not violate a penal law of this state.

(1) a state jail felony if the number of items obtained, possessed, transferred, or used is less than five;

(2) a felony of the third degree if the number of items obtained, possessed, transferred, or used is five or more but less than 10;

(3) a felony of the second degree if the number of items obtained, possessed, transferred, or used is 10 or more but less than 50; or

(4) a felony of the first degree if the number of items obtained, possessed, transferred, or used is 50 or more.

(c-1) An offense described for purposes of punishment by Subsections (c)(1)-(3) is increased to the next higher category of offense if it is shown on the trial of the offense that the offense was committed against an elderly individual as defined by Section 22.04.

(d) If a court orders a defendant convicted of an offense under this section to make restitution to the victim of the offense, the court may order the defendant to reimburse the victim for lost income or other expenses, other than attorney's fees, incurred as a result of the offense.

(e) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

CREDIT(S)

Added by Acts 1999, 76th Leg., ch. 1159, § 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1104, § 4, eff. Sept. 1, 2003; Acts 2007, 80th Leg., ch. 631, § 1, eff. Sept. 1, 2007; Acts 2007, 80th Leg., ch. 1163, § 1, eff. Sept. 1, 2007; Acts 2007, 80th Leg., ch. 1173, §§ 1, 2, eff. Sept. 1, 2007; Acts 2009, 81st Leg., ch. 87, § 19.002, eff. Sept. 1, 2009; Acts 2009, 81st Leg., ch. 670, § 3, eff. Sept. 1, 2009; Acts 2011, 82nd Leg., ch. 276 (H.B. 1529), § 1, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.52

Effective: September 1, 2005

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter D. Other Deceptive Practices

§ 32.52. Fraudulent, Substandard, or Fictitious Degree

(a) In this section, “fraudulent or substandard degree” has the meaning assigned by Section 61.302, Education Code.

(b) A person commits an offense if the person:

(1) uses or claims to hold a postsecondary degree that the person knows:

(A) is a fraudulent or substandard degree;

(B) is fictitious or has otherwise not been granted to the person; or

(2) uses or claims to hold that degree:

(A) in a written or oral advertisement or other promotion of a business; or

(B) with the intent to:

(i) obtain employment;

(ii) obtain a license or certificate to practice a trade, profession, or occupation;

(iii) obtain a promotion, a compensation or other benefit, or an increase in compensation or other benefit, in employment or in the practice of a trade, profession, or occupation;

(iv) obtain admission to an educational program in this state; or

(v) gain a position in government with authority over another person, regardless of whether the actor receives compensation for the position.

(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.

CREDIT(S)

Added by Acts 2005, 79th Leg., ch. 1039, § 8, eff. Sept. 1, 2005.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.53

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter D. Other Deceptive Practices

§ 32.53. Exploitation of Child, Elderly Individual, or Disabled Individual

(a) In this section:

(1) “Child,” “elderly individual,” and “disabled individual” have the meanings assigned by Section 22.04.

(2)“Exploitation” means the illegal or improper use of a child, elderly individual, or disabled individual or of the resources of a child, elderly individual, or disabled individual for monetary or personal benefit, profit, or gain.

(b) A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.

(d) A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently.

CREDIT(S)

Added by Acts 2011, 82nd Leg., ch. 620 (S.B. 688), § 7, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.54

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter D. Other Deceptive Practices

§ 32.54. Fraudulent or Fictitious Military Record

(a) In this section:

(1) “Military record” means an enlistment record, occupation specialty, medal, award, decoration, or certification obtained by a person through the person's service in the armed forces of the United States or the state military forces.

(2) “State military forces” has the meaning assigned by Section 431.001, Government Code.

(b) A person commits an offense if the person:

(1) uses or claims to hold a military record that the person knows:

(A) is fraudulent;

(B) is fictitious or has otherwise not been granted or assigned to the person; or

(2) uses or claims to hold that military record:

(A) in a written or oral advertisement or other promotion of a business; or

(B) with the intent to:

(i) obtain priority in receiving services or resources under Subchapter G, Chapter 302, Labor Code;

(ii) qualify for a veteran's employment preference under Chapter 657, Government Code;

(iii) obtain a license or certificate to practice a trade, profession, or occupation;

(iv) obtain a promotion, compensation, or other benefit, or an increase in compensation or other benefit, in employment or in the practice of a trade, profession, or occupation;

(v) obtain a benefit, service, or donation from another person;

(vi) obtain admission to an educational program in this state; or

(vii) gain a position in state government with authority over another person, regardless of whether the actor receives compensation for the position.

(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.

CREDIT(S)

Added by Acts 2011, 82nd Leg., ch. 386 (S.B. 431), § 1, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.55

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter D. Other Deceptive Practices

§ 32.55. Deleted by Acts 1993, 73rd Leg., ch. 900, § 13.02

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.71

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter E. Savings and Loan Associations [Deleted]

§§ 32.71, 32.72. Deleted by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 32.72

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 32. Fraud (Refs & Annos)

Subchapter E. Savings and Loan Associations [Deleted]

§§ 32.71, 32.72. Deleted by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 7, Ch. 33, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 7. Offenses Against Property

Chapter 33. Computer Crimes

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 33.01

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 33. Computer Crimes (Refs & Annos)

§ 33.01. Definitions

In this chapter:

(1) “Access” means to approach, instruct, communicate with, store data in, retrieve or intercept data from, alter data or computer software in, or otherwise make use of any resource of a computer, computer network, computer program, or computer system.

(2) “Aggregate amount” means the amount of:

(A) any direct or indirect loss incurred by a victim, including the value of money, property, or service stolen or rendered unrecoverable by the offense; or

(B) any expenditure required by the victim to verify that a computer, computer network, computer program, or computer system was not altered, acquired, damaged, deleted, or disrupted by the offense.

(3) “Communications common carrier” means a person who owns or operates a telephone system in this state that includes equipment or facilities for the conveyance, transmission, or reception of communications and who receives compensation from persons who use that system.

(4) “Computer” means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device that performs logical, arithmetic, or memory functions by the manipulations of electronic or magnetic impulses and includes all input, output, processing, storage, or communication facilities that are connected or related to the device.

(5) “Computer network” means the interconnection of two or more computers or computer systems by satellite, microwave, line, or other communication medium with the capability to transmit information among the computers.

(6) “Computer program” means an ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data or perform specific functions.

(7) “Computer services” means the product of the use of a computer, the information stored in the computer, or the personnel supporting the computer, including computer time, data processing, and storage functions.

(8) “Computer system” means any combination of a computer or computer network with the documentation, computer software, or physical facilities supporting the computer or computer network.

(9) “Computer software” means a set of computer programs, procedures, and associated documentation related to the operation of a computer, computer system, or computer network.

(10) “Computer virus” means an unwanted computer program or other set of instructions inserted into a computer's memory, operating system, or program that is specifically constructed with the ability to replicate itself or to affect the other programs or files in the computer by attaching a copy of the unwanted program or other set of instructions to one or more computer programs or files.

(10-a) “Critical infrastructure facility” means:

(A) a chemical manufacturing facility;

(B) a refinery;

(C) an electrical power generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility;

(D) a water intake structure, water treatment facility, wastewater treatment plant, or pump station;

(E) a natural gas transmission compressor station;

(F) a liquid natural gas terminal or storage facility;

(G) a telecommunications central switching office;

(H) a port, railroad switching yard, trucking terminal, or other freight transportation facility;

(I) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas;

(J) a transmission facility used by a federally licensed radio or television station; or

(K) a cable television or video service provider headend.

(11) “Data” means a representation of information, knowledge, facts, concepts, or instructions that is being prepared or has been prepared in a formalized manner and is intended to be stored or processed, is being stored or processed, or has been stored or processed in a computer. Data may be embodied in any form, including but not limited to computer printouts, magnetic storage media, laser storage media, and punchcards, or may be stored internally in the memory of the computer.

(12) “Effective consent” includes consent by a person legally authorized to act for the owner. Consent is not effective if:

(A) induced by deception, as defined by Section 31.01, or induced by coercion;

(B) given by a person the actor knows is not legally authorized to act for the owner;

(C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions;

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

(E) used for a purpose other than that for which the consent was given.

(13) “Electric utility” has the meaning assigned by Section 31.002, Utilities Code.

(14) “Harm” includes partial or total alteration, damage, or erasure of stored data, interruption of computer services, introduction of a computer virus, or any other loss, disadvantage, or injury that might reasonably be suffered as a result of the actor's conduct.

(14-a) “Identifying information” has the meaning assigned by Section 32.51.

(15) “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;

(B) has the right to restrict access to the property; or

(16) “Property” means:

(A) tangible or intangible personal property including a computer, computer system, computer network, computer software, or data; or

(B) the use of a computer, computer system, computer network, computer software, or data.

CREDIT(S)

Added by Acts 1985, 69th Leg., ch. 600, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 306, § 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 306, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, § 18.44, eff. Sept. 1, 1999; Acts 2011, 82nd Leg., ch. 1044 (H.B. 3396), § 1, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 33.02

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 33. Computer Crimes (Refs & Annos)

§ 33.02. Breach of Computer Security

(a) A person commits an offense if the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.

(b) An offense under Subsection (a) is a Class B misdemeanor, except that the offense is a state jail felony if:

(1) the defendant has been previously convicted two or more times of an offense under this chapter; or

(2) the computer, computer network, or computer system is owned by the government or a critical infrastructure facility.

(b-1) A person commits an offense if with the intent to defraud or harm another or alter, damage, or delete property, the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.

(b-2) An offense under Subsection (b-1) is:

(1) a state jail felony if the aggregate amount involved is less than $20,000;

(2) a felony of the third degree if the aggregate amount involved is $20,000 or more but less than $100,000;

(3) a felony of the second degree if:

(A) the aggregate amount involved is $100,000 or more but less than $200,000;

(B) the aggregate amount involved is any amount less than $200,000 and the computer, computer network, or computer system is owned by the government or a critical infrastructure facility; or

(C) the actor obtains the identifying information of another by accessing only one computer, computer network, or computer system; or

(4) a felony of the first degree if:

(A) the aggregate amount involved is $200,000 or more; or

(B) the actor obtains the identifying information of another by accessing more than one computer, computer network, or computer system.

(c) When benefits are obtained, a victim is defrauded or harmed, or property is altered, damaged, or deleted in violation of this section, whether or not in a single incident, the conduct may be considered as one offense and the value of the benefits obtained and of the losses incurred because of the fraud, harm, or alteration, damage, or deletion of property may be aggregated in determining the grade of the offense.

(d) A person who is subject to prosecution under this section and any other section of this code may be prosecuted under either or both sections.

(e) It is a defense to prosecution under this section that the person acted with the intent to facilitate a lawful seizure or search of, or lawful access to, a computer, computer network, or computer system for a legitimate law enforcement purpose.

CREDIT(S)

Added by Acts 1985, 69th Leg., ch. 600, § 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 306, § 2, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 306, § 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1411, § 1, eff. Sept. 1, 2001; Acts 2011, 82nd Leg., ch. 1044 (H.B. 3396), § 2, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 33.021

Effective: September 1, 2007

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 33. Computer Crimes (Refs & Annos)

§ 33.021. Online Solicitation of a Minor

(a) In this section:

(1) “Minor” means:

(A) an individual who represents himself or herself to be younger than 17 years of age; or

(B) an individual whom the actor believes to be younger than 17 years of age.

(2) “Sexual contact,” “sexual intercourse,” and “deviate sexual intercourse” have the meanings assigned by Section 21.01.

(3) “Sexually explicit” means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section 43.25.

(b) A person who is 17 years of age or older commits an offense if, with the intent to arouse or gratify the sexual desire of any person, the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, intentionally:

(1) communicates in a sexually explicit manner with a minor; or

(2) distributes sexually explicit material to a minor.

(c) A person commits an offense if the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.

(d) It is not a defense to prosecution under Subsection (c) that:

(1) the meeting did not occur;

(2) the actor did not intend for the meeting to occur; or

(3) the actor was engaged in a fantasy at the time of commission of the offense.

(e) It is a defense to prosecution under this section that at the time conduct described by Subsection (b) or (c) was committed:

(1) the actor was married to the minor; or

(2) the actor was not more than three years older than the minor and the minor consented to the conduct.

(f) An offense under Subsection (b) is a felony of the third degree, except that the offense is a felony of the second degree if the minor is younger than 14 years of age or is an individual whom the actor believes to be younger than 14 years of age at the time of the commission of the offense. An offense under Subsection (c) is a felony of the second degree.

(g) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

CREDIT(S)

Added by Acts 2005, 79th Leg., ch. 1273, § 1, eff. June 18, 2005. Amended by Acts 2007, 80th Leg., ch. 610, § 2, eff. Sept. 1, 2007; Acts 2007, 80th Leg., ch. 1291, § 7, eff. Sept. 1, 2007.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 33.03

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 33. Computer Crimes (Refs & Annos)

§ 33.03. Defenses

It is an affirmative defense to prosecution under Section 33.02 that the actor was an officer, employee, or agent of a communications common carrier or electric utility and committed the proscribed act or acts in the course of employment while engaged in an activity that is a necessary incident to the rendition of service or to the protection of the rights or property of the communications common carrier or electric utility.

CREDIT(S)

Added by Acts 1985, 69th Leg., ch. 600, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Penal Code § 33.04 and amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 33.04

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 33. Computer Crimes (Refs & Annos)

§ 33.04. Assistance by Attorney General

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 under this chapter or of any other offense involving the use of a computer.

CREDIT(S)

Added by Acts 1985, 69th Leg., ch. 600, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Penal Code § 33.05 by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 33.05

Effective: September 1, 2009

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 33. Computer Crimes (Refs & Annos)

§ 33.05. Tampering with Direct Recording Electronic Voting Machine

(a) In this section:

(1) “Direct recording electronic voting machine” has the meaning assigned by Section 121.003, Election Code.

(2) “Measure” has the meaning assigned by Section 1.005, Election Code.

(b) A person commits an offense if the person knowingly accesses a computer, computer network, computer program, computer software, or computer system that is a part of a voting system that uses direct recording electronic voting machines and by means of that access:

(1) prevents a person from lawfully casting a vote;

(2) changes a lawfully cast vote;

(3) prevents a lawfully cast vote from being counted; or

(4) causes a vote that was not lawfully cast to be counted.

(c) An offense under this section does not require that the votes as affected by the person's actions described by Subsection (b) actually be the votes used in the official determination of the outcome of the election.

(d) An offense under this section is a felony of the first degree.

(e) Notwithstanding Section 15.01(d), an offense under Section 15.01(a) is a felony of the third degree if the offense the actor intends to commit is an offense under this section.

(f) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to investigate or prosecute an offense under this section.

CREDIT(S)

Added by Acts 2005, 79th Leg., ch. 470, § 1, eff. Sept. 1, 2005. Amended by Acts 2009, 81st Leg., ch. 503, § 1, eff. Sept. 1, 2009.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 33.07

Effective: September 1, 2011

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 33. Computer Crimes (Refs & Annos)

§ 33.07. Online Impersonation

(a) A person commits an offense if the person, without obtaining the other person's consent and with the intent to harm, defraud, intimidate, or threaten any person, uses the name or persona of another person to:

(1) create a web page on a commercial social networking site or other Internet website; or

(2) post or send one or more messages on or through a commercial social networking site or other Internet website, other than on or through an electronic mail program or message board program .

(b) A person commits an offense if the person sends an electronic mail, instant message, text message, or similar communication that references a name, domain address, phone number, or other item of identifying information belonging to any person:

(1) without obtaining the other person's consent;

(2) with the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication; and

(3) with the intent to harm or defraud any person.

(c) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (b) is a Class A misdemeanor, except that the offense is a felony of the third degree if the actor commits the offense with the intent to solicit a response by emergency personnel.

(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

(e) It is a defense to prosecution under this section that the actor is any of the following entities or that the actor's conduct consisted solely of action taken as an employee of any of the following entities:

(1) a commercial social networking site;

(2) an Internet service provider;

(3) an interactive computer service, as defined by 47 U.S.C. Section 230;

(4) a telecommunications provider, as defined by Section 51.002, Utilities Code; or

(5) a video service provider or cable service provider, as defined by Section 66.002, Utilities Code.

(f) In this section:

(1) “Commercial social networking site” means any business, organization, or other similar entity operating a website that permits persons to become registered users for the purpose of establishing personal relationships with other users through direct or real-time communication with other users or the creation of web pages or profiles available to the public or to other users. The term does not include an electronic mail program or a message board program.

(2) “Identifying information” has the meaning assigned by Section 32.51.

CREDIT(S)

Added by Acts 2009, 81st Leg., ch. 911, § 1, eff. Sept. 1, 2009. Amended by Acts. 2011, 82nd Leg., ch. 282 (H.B. 1666), §§ 1, 2, eff. Sept. 1, 2011.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 7, Ch. 33A, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code

Title 7. Offenses Against Property

Chapter 33A. Telecommunications Crimes

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 33A.01

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 33A. Telecommunications Crimes (Refs & Annos)

§ 33A.01. Definitions

In this chapter:

(1) “Counterfeit telecommunications access device” means a telecommunications access device that is false, fraudulent, not issued to a legitimate telecommunications access device subscriber account, or otherwise unlawful or invalid.

(2) “Counterfeit telecommunications device” means a telecommunications device that has been altered or programmed alone or with another telecommunications device to acquire, intercept, receive, or otherwise facilitate the use of a telecommunications service without the authority or consent of the telecommunications service provider and includes a clone telephone, clone microchip, tumbler telephone, tumbler microchip, or wireless scanning device capable of acquiring, intercepting, receiving, or otherwise facilitating the use of a telecommunications service without immediate detection.

(3) “Deliver” means to actually or constructively sell, give, loan, or otherwise transfer a telecommunications device, or a counterfeit telecommunications device or any telecommunications plans, instructions, or materials, to another person.

(4) “Publish” means to communicate information or make information available to another person orally, in writing, or by means of telecommunications and includes communicating information on a computer bulletin board or similar system.

(5) “Telecommunications” means the origination, emission, transmission, or reception of data, images, signals, sounds, or other intelligence or equivalence of intelligence over a communications system by any method, including an electronic, magnetic, optical, digital, or analog method.

(6) “Telecommunications access device” means an instrument, device, card, plate, code, account number, personal identification number, electronic serial number, mobile identification number, counterfeit number, or financial transaction device that alone or with another telecommunications access device can acquire, intercept, provide, receive, use, or otherwise facilitate the use of a telecommunications device, counterfeit telecommunications device, or telecommunications service.

(7) “Telecommunications device” means any instrument, equipment, machine, or device that facilitates telecommunications and includes a computer, computer chip or circuit, telephone, pager, personal communications device, transponder, receiver, radio, modem, or device that enables use of a modem.

(8) “Telecommunications service” means the provision, facilitation, or generation of telecommunications through the use of a telecommunications device or telecommunications access device over a telecommunications system.

(9) “Value of the telecommunications service obtained or attempted to be obtained” includes the value of:

(A) a lawful charge for telecommunications service avoided or attempted to be avoided;

(B) money, property, or telecommunications service lost, stolen, or rendered unrecoverable by an offense; and

(C) an expenditure incurred by a victim to verify that a telecommunications device or telecommunications access device or telecommunications service was not altered, acquired, damaged, or disrupted as a result of an offense.

CREDIT(S)

Added by Acts 1997, 75th Leg., ch. 306, § 3, eff. Sept. 1, 1997.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 33A.02

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 33A. Telecommunications Crimes (Refs & Annos)

§ 33A.02. Unauthorized Use of Telecommunications Service

(a) A person commits an offense if the person is an officer, shareholder, partner, employee, agent, or independent contractor of a telecommunications service provider and the person knowingly and without authority uses or diverts telecommunications service for the person's own benefit or to the benefit of another.

(b) An offense under this section is:

(1) a Class B misdemeanor if the value of the telecommunications service used or diverted is less than $500;

(2) a Class A misdemeanor if:

(A) the value of the telecommunications service used or diverted is $500 or more but less than $1,500; or

(B) the value of the telecommunications service used or diverted is less than $500 and the defendant has been previously convicted of an offense under this chapter;

(3) a state jail felony if:

(A) the value of the telecommunications service used or diverted is $1,500 or more but less than $20,000; or

(B) the value of the telecommunications service used or diverted is less than $1,500 and the defendant has been previously convicted two or more times of an offense under this chapter;

(4) a felony of the third degree if the value of the telecommunications service used or diverted is $20,000 or more but less than $100,000;

(5) a felony of the second degree if the value of the telecommunications service used or diverted is $100,000 or more but less than $200,000; or

(6) a felony of the first degree if the value of the telecommunications service used or diverted is $200,000 or more.

(c) When telecommunications service is used or diverted in violation of this section pursuant to one scheme or continuing course of conduct, whether or not in a single incident, the conduct may be considered as one offense and the values of the service used or diverted may be aggregated in determining the grade of the offense.

CREDIT(S)

Added by Acts 1997, 75th Leg., ch. 306, § 3, eff. Sept. 1, 1997.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 33A.03

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 33A. Telecommunications Crimes (Refs & Annos)

§ 33A.03. Manufacture, Possession, or Delivery of Unlawful Telecommunications Device

(a) A person commits an offense if the person manufactures, possesses, delivers, offers to deliver, or advertises:

(1) a counterfeit telecommunications device; or

(2) a telecommunications device that is intended to be used to:

(A) commit an offense under Section 33A.04; or

(B) conceal the existence or place of origin or destination of a telecommunications service.

(b) A person commits an offense if the person delivers, offers to deliver, or advertises plans, instructions, or materials for manufacture of:

(1) a counterfeit telecommunications device; or

(2) a telecommunications device that is intended to be used to commit an offense under Subsection (a).

(d) It is a defense to prosecution under this section that the person was an officer, agent, or employee of a telecommunications service provider who engaged in the conduct for the purpose of gathering information for a law enforcement investigation related to an offense under this chapter.

CREDIT(S)

Added by Acts 1997, 75th Leg., ch. 306, § 3, eff. Sept. 1, 1997.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 33A.04

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 33A. Telecommunications Crimes (Refs & Annos)

§ 33A.04. Theft of Telecommunications Service

(a) A person commits an offense if the person knowingly obtains or attempts to obtain telecommunications service to avoid or cause another person to avoid a lawful charge for that service by using:

(1) a telecommunications access device without the authority or consent of the subscriber or lawful holder of the device or pursuant to an agreement for an exchange of value with the subscriber or lawful holder of the device to allow another person to use the device;

(2) a counterfeit telecommunications access device;

(3) a telecommunications device or counterfeit telecommunications device; or

(4) a fraudulent or deceptive scheme, pretense, method, or conspiracy, or other device or means, including a false, altered, or stolen identification.

(b) An offense under this section is:

(1) a Class B misdemeanor if the value of the telecommunications service obtained or attempted to be obtained is less than $500;

(2) a Class A misdemeanor if:

(A) the value of the telecommunications service obtained or attempted to be obtained is $500 or more but less than $1,500; or

(B) the value of the telecommunications service obtained or attempted to be obtained is less than $500 and the defendant has been previously convicted of an offense under this chapter;

(3) a state jail felony if:

(A) the value of the telecommunications service obtained or attempted to be obtained is $1,500 or more but less than $20,000; or

(B) the value of the telecommunications service obtained or attempted to be obtained is less than $1,500 and the defendant has been previously convicted two or more times of an offense under this chapter;

(4) a felony of the third degree if the value of the telecommunications service obtained or attempted to be obtained is $20,000 or more but less than $100,000;

(5) a felony of the second degree if the value of the telecommunications service obtained or attempted to be obtained is $100,000 or more but less than $200,000; or

(6) a felony of the first degree if the value of the telecommunications service obtained or attempted to be obtained is $200,000 or more.

(c) When telecommunications service is obtained or attempted to be obtained in violation of this section pursuant to one scheme or continuing course of conduct, whether or not in a single incident, the conduct may be considered as one offense and the values of the service obtained or attempted to be obtained may be aggregated in determining the grade of the offense.

CREDIT(S)

Added by Acts 1997, 75th Leg., ch. 306, § 3, eff. Sept. 1, 1997.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 33A.05

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 33A. Telecommunications Crimes (Refs & Annos)

§ 33A.05. Publication of Telecommunications Access Device

(a) A person commits an offense if the person with criminal negligence publishes a telecommunications access device or counterfeit telecommunications access device that is designed to be used to commit an offense under Section 33A.04.

(b) Except as otherwise provided by this subsection, an offense under this section is a Class A misdemeanor. An offense under this section is a felony of the third degree if the person has been previously convicted of an offense under this chapter.

CREDIT(S)

Added by Acts 1997, 75th Leg., ch. 306, § 3, eff. Sept. 1, 1997.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 33A.06

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 7. Offenses Against Property (Refs & Annos)

Chapter 33A. Telecommunications Crimes (Refs & Annos)

§ 33A.06. Assistance by Attorney General

CREDIT(S)

Added by Acts 1997, 75th Leg., ch. 306, § 3, eff. Sept. 1, 1997.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code T. 7, Ch. 34, Refs & Annos

Vernon's Texas Statutes and Codes Annotated Currentness

Submitted by
	ROBERT E. FREEMAN
	Revisor of Statutes
	Texas Legislative Council
Austin, Texas
October, 1973

Vernon's Ann.P.C. Article	V.T.C.A. Penal Code Section
1, 2	1.02
3	1.03(a)
4, 5	1.05(b)
6	1.02
7	1.05(a)
8	1.05(b)
9	2.01edito
10	1.03
11	----
12	8.03
13 to 18	----
19	1.05(b)
	1.07(a)(17)
20, 21	1.05(b)
22	1.07(a)(27)
23	1.07(a)(2)
24 to 26	----
27	1.07(a)(22)
28	----
29	1.04(a)
30	8.07
31	8.07
32	8.05
33	----
34	8.01
35	----
36	8.04
37	9.21
38	8.05
39	6.01
40	8.03
41	8.02
42
to
44	6.04
45	2.05
46	2.03
	2.04
47	12.02
	12.03
	12.04
48	12.03
49, 50	----
51	12.01(c)
52	12.03
53 to 60	----
61	12.43
62 to 64	12.42
65	7.01
	7.02
66 to 71	7.02
72	7.01
73	6.04
74 to 76	----
77 to 79	38.05
80	7.03(2)
81	38.05
83 to 85	----
86, 87	39.01
88	----
89 to 91	39.01
92	1.07(a)(30)
93 to 96	39.01
98, 99	----
100, 101	39.01
107f	39.01
108	39.01
109	----
110	39.01
111	----
112 to 119	39.01
120	36.03
	39.01
121 to 131	----
132 to 139	----
141	----
142, 143	39.01
144	39.03
145, 146	39.01
147, 147c	37.11
147d § 2	----
148	42.09
149	----
152	42.09
153 to 157	----
158 to 160	36.02
160-a to 165	36.02
166, 167	32.43
168 to 174	36.02
177 to 178a	36.02
178b	32.44
184 to 187	----
188 to 197	36.02
198 to 200a	----
201 to 205	----
253	42.02
254	36.03
	42.02
255	42.01
	42.02
256	36.03
257	46.04(a)(2)
258	36.03
261	39.02
281	42.01
	42.05
282 to 287	----
302	37.02
	37.03
303	37.02
	37.03
304	37.07
305	37.01
306	37.03
307	37.03
	37.04
308	37.02
	37.03
309	----
310	37.02
311	37.01
312 to 314	----
315	7.02
316	36.05
317 to 322	38.08
323, 324	39.01
325	----
326	38.08
	38.10
327	38.08
	38.10
328 to 330	38.08
331 to 333a	25.03
334	38.08
335	38.05
336, 337	----
338, 339	38.03
340	----
341	38.03
	38.04
342 to 345	----
346	1.07(a)(25)
347	1.07(a)(11)
348	----
349	39.02
350 to 352	----
353	39.02
353a, 353b	38.07
353d	38.07
354 to 364	37.10
365 to 371	39.01
372	36.08
373	----
379, 380	----
381 to 383	39.01
384 to 395	39.01
396 to 403	39.01
407 to 414	39.01
415 to 418	39.01
418a	----
419	39.01
420 to 422	39.01
423	39.01
425	39.01
426, 427	39.01
427c	----
428	38.06
428a	36.05
429	37.11
430	38.12
438c, 438d	37.10
439	42.02
440, 441	36.03
442 to 446	38.07
	38.08
447, 448	36.03
449 to 452	42.02
453, 454	42.04
454a to 454g	----
455, 456	42.02
457	36.03
	42.02
458 to 463	38.06
	42.02
464	42.02
465	42.01
	42.02
466	42.02
466a	42.01
467 to 470	2.02
471	----
472	42.04
472a	42.02
	42.03
473	42.01
474	42.01
	42.03
	42.05
475, 475a	42.01
476	42.07
477	42.08
478	----
479	30.05
480	42.01
480a	42.12
481	----
482, 482a	42.01
483	46.02
484	46.03
485	42.01
	46.04
486	46.03
	46.04
487	----
488	46.02
489	46.06
	46.07
489a	----
489b	46.06
489c	46.05
489d	46.08
490 to 491	25.01
494	25.01
495	25.02
498 to 509	----
510 to 512	43.04
513	43.21
	43.22
	43.24
514	43.03
515	43.04
516	43.05
517, 518	----
519	43.03
	to
	43.05
520	1.04
521	43.06
522	43.04
523	----
524	21.04
	to
	21.06
525	43.03
	43.04
527	43.21
	to
	43.23
528, 528a	42.09
529, 530	42.10
534b	43.24
535	25.03
	25.04
535a	----
535b	25.04
535c, 535d	21.11
560	32.45
565	32.35
567	32.45
567b	31.06
	32.41
602	25.05
602-A	25.05
603	1.04
	C.C.P. 13.16
604	25.05
605	25.05
	C.C.P. 38.11
606	----
607	§§ (1) to (8)	----
	§ (9)	43.02
	§§ (10) to (13)	----
	§ (14)	43.02
		43.03
	§ (15)	43.03
	§ (16)	21.07
		43.02
	§§ (17), (18)	43.02
	§ (19)	43.03
	§ (20)	43.02
	§ (21)	43.06
607a	43.02
608	----
609	C.C.P. 14.03
610 to 612	----
613	42.11
614	----
614b	----
615 to 618	47.02
619 to 621	47.06
	47.07
622	----
623	----
624	47.02
625	47.04
	47.06
	47.07
626 to 629	47.04
630	47.04
	47.06
631	----
632	----
633	C.C.P. ch. 18
634	R.C.S. 4667
635	----
636 to 638	C.C.P. 18.18
639	47.09
640, 641	39.01
642	----
642a to 642c	47.02 to 47.07
642c	47.09
643, 643a	47.02
644	----
645	47.01
646	47.02
646a to 648-2	47.02 to 47.04
649	47.04
650	47.03
	47.04
651	47.02
652	47.09
652a	47.02 to 47.07
654, 655	47.02 to 47.04
655a, 655b	----
695, 696	----
698c	Water Code
	§§ 21.551
	to
	21.564
	C.C.P. 17A.02
	to
	C.C.P. 17A.07
698d	§ 7	C.C.P. 17A.02
	§ 8	C.C.P. 17A.03
	§ 9	C.C.P. 17A.04
	§ 10	C.C.P. 17A.06
	§ 11	C.C.P. 17A.07
	§ 12	----
699	----
701	----
702, 703	----
710 to 713	32.42
714 to 716	----
718	32.42
755 to 758	----
784	42.03
785, 786	42.03
790	----
791	9.22
796 to 797b	----
799	----
800, 801	----
802a	----
802a-1	19.05
802c	19.05
803	C.C.P. 14.03
813 to 817	----
831, 832	39.01
856	30.05
857	42.03
858	30.05
859	28.03
860	----
861	30.03
862	28.03
864	28.03
978o	31.04
979 to 993	32.21
995, 996	32.21
997	16.01
998	32.21
999	----
1000, 1001	32.46
1002	32.21
	32.47
	37.10
1002a	32.21
	32.47
	37.10
1003	32.46
1004	32.21
1005	3.01
	to
	3.04
1006 to 1008	32.21
1009	1.04
1010, 1011	32.21
1012 to 1017	32.21
1026	32.21
1030	32.42
1041	39.01
1042	----
1044, 1045	32.42
1050, 1051	32.42
1053	32.42
1056	31.04
1057	----
1094 to 1100	----
1106a	32.42
1111b	28.03
1111m	----
1117	----
1118 to 1121	37.03
1123	32.21
1137e, 1137e-1	31.04
1137f	28.03
	28.04
1137g	31.04
1137j	----
1138 to 1141	22.01
1142,	subd. 1	9.61
		to
		9.63
	subd. 2	9.21
	subd. 3	9.22
		9.32
	subd. 4	9.41
		to
		9.43
	subd. 5	9.51
	subd. 6	9.31
		9.33
		9.43
	subd. 7	9.31
1143	9.31
1144, 1145	22.01
1146	22.01
	22.07
	42.01
1146a	22.01
	22.05
1147	1.07(a)(11)
	22.02
	22.03
	22.04
1148	22.02
1148a	22.04
1149	22.02
1150	----
1151	22.02
1157	39.01
	39.02
1158	39.01
	39.02
1159	15.01
	22.01
	22.02
1160	15.01
	19.02
	22.01
	22.02
1160a	15.01
	19.02
	22.03
1161	46.01
1162	15.01
	21.02
1163	15.01
	29.02
1164	15.01
	30.02
1165	15.01
1166	22.02
1167	22.01
	22.02
1168	22.02
1169 to 1172	20.02
1173	9.03
1174	20.02
1175, 1176	39.02
1177	20.02
	20.03
	25.03
1177a	20.04
1178	20.03
1179 to 1182	20.02
	43.05
1183 to 1186	21.02
	21.03
	21.09
1187	21.01
1188	8.07
1189	21.02
	21.03
	21.09
1190	15.01
	21.02
1197 to 1200	----
1201	19.01
1202, 1203	6.04
	19.01
1204, 1205	----
1206	6.04
1207	9.32
1208 to 1211	9.21
1212	9.21
	9.51
	9.52
1213	----
1214 to 1218	9.21
	9.51
	9.52
1219	9.32
	9.33
1220	----
1221	9.32
1222	9.32
	9.33
	9.42
1223	----
1224 to 1226	9.32
	9.33
	9.41
1227	9.41
	to
	9.44
1228	6.01
	to
	6.04
1229	6.01
	to
	6.04
	9.61
	to
	9.63
1230	19.07
1231	19.07
1232	6.03
1233	6.03
1234, 1235	19.05
1236	6.04
	19.05
1237 to 1243	19.05
1256, 1257	19.02
1257a	19.06
1257b	----
1257c	19.04
	19.05
1258	19.06
1259 to 1260a	19.02
	19.04
	22.01
	22.02
1265, 1266	22.07
1267	9.04
	22.07
1268, 1268a	22.07
1269, 1270	----
1271	32.21
1272 to 1294	----
1295, 1296	42.07
1297	----
1298	31.03
	38.12
1299	37.08
1300 to 1303	----
1304 to 1309	28.02
1310, 1311	9.22
1312	28.02
1313	28.05
1314, 1315	28.02
1316	15.01
	28.02
1317 to 1321b	28.03
	28.04
1322	31.03
1323	28.03
	28.04
1324	----
1325	19.02
1326	15.01
1329	----
1331	19.02
	28.03
1332	19.02
	28.03
1333	31.07
1334	28.03
1335	19.02
	42.03
1336, 1337	28.03
1338	28.03
	28.04
1339	22.01
	22.02
	22.05
1339b	42.01
1340	----
1341, 1342	31.07
1343	28.03
1347	22.05
	28.03
	42.03
1348, 1349	31.03
1350	28.03
	28.04
	32.47
1350a	28.03
	28.04
1351	28.03
	30.05
1352 to 1355	28.03
	28.04
1358	28.03
	28.04
1359	28.03
	28.04
1364 to 1366	28.03
	28.04
1367	31.04
1368	28.03
	30.05
1372	28.03
	28.04
1373	28.03
	28.04
	42.11
1373-a	28.03
	28.04
	42.11
1374 to 1376	42.11
1377a	42.11
1377b	30.05
1377c	30.05
1379	28.03
	28.04
	31.03
1379a	28.03
	28.04
1380, 1381	----
1382	31.03
1383	28.03
	28.04
1384	28.03
	28.04
	31.03
1388a	28.03
	28.04
1388b-1	15.01
	28.03
	28.04
1389 to 1400	30.02
1401	31.03
1402	15.01
	30.02
1402a	30.03
1402b	16.01
1403	30.04
1404	30.04
1404-a	15.01
	30.02
1404b	30.04
1405, 1406	30.02
1407	31.03
1407a	30.05
1408	29.02
	29.03
1409	29.02
	29.03
	31.03
1410	31.03
1411	31.01
1412 to 1414	31.03
1415	1.07(a)(28)
	31.01
1416, 1417	31.03
1418, 1419	31.01
1420 to 1423	31.03
1424	----
1425	31.01
1426 to 1426c	31.03
1427	31.03
	32.47
	37.09
	37.10
1428 to 1430	31.03
1436b	31.03
1436c	31.03
1436e to 1436g	31.03
1437, 1438	31.03
1439	15.01
	31.03
1440 to 1442c	31.03
1443, 1444	31.03
1445	31.03
1458, 1459	31.03
1462 to 1466	31.03
1467, 1468	28.03
1469	31.03
	32.21
1470	31.03
1534 to 1536	31.03
1537	32.34
1538	31.03
1539 to 1541	31.03
	39.01
1542, 1543	31.03
1544	31.01
1544a	31.03
1544b	31.03
	39.01
1545	31.03
	31.04
1546	31.03
1546a	31.03
	32.32
1547	31.01
1548 to 1550	31.03
1551	31.04
1553a	31.04
1555	----
1555b, 1555c	32.31
1556	32.33
1559	1.04
	31.03
1560	1.04
	31.03
1621b	42.02
1622 to 1627	15.02
1628	1.04
	15.02
1629	1.04
	15.02