Texas Penal Code - Overview

[**Sec. 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 of...

[**Sec. 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](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=12.23). **[Ch. 8 GENERAL DEFENSES TO CRIMINAL RESPONSIBILITY]** 1. Insanity 2. Mistake of Fact 3. Mistake of Law 4. Intoxication 5. Duress 6. Entrapment 7. Age Affecting Criminal Responsibility 8. Child with Mental Illness, Disability, or Lack of Capacity **[Sec. 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. **[Sec. 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 was as he believed. **[Sec. 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. **[Sec. 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**. **[Sec. 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**. **[Sec. 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**. **[Sec. 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 **[Sec. 12.31. CAPITAL FELONY. ]** \(a) An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for life without parole or by death. An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for: 1. life, if the individual committed the offense when younger than 18 years of age; or 2. life without parole, if the individual committed the offense when 18 years of age or older. **[Ch. 15 PREPARATORY OFFENSES]** 1. Criminal Attempt 2. Criminal Conspiracy 3. Criminal Solicitation 4. Criminal Solicitation of a Minor 5. Child Grooming 6. Renunciation Defense 7. No Offense **[Sec. 15.01. CRIMINAL ATTEMPT.]** \(a) A person **commits an offense** if, with **specific intent to commit** an offense, he **does an act amounting to more than mere preparation** that tends but fails to effect the commission of the offense intended. \(b) If a person attempts an offense that **may be aggravated**, his conduct constitutes an attempt to commit the aggravated offense **if an element that aggravates the offense accompanies the attempt**. \(c) It is **no defense to prosecution** for criminal attempt **that the offense attempted was actually committed**. \(d) An offense under this section is **one category lower than the offense attempted**, and if the offense attempted is a state jail felony, the offense is a Class A misdemeanor. **[Sec. 15.02. CRIMINAL CONSPIRACY. ]** \(a) A person commits **criminal conspiracy** if, with intent that a felony be committed: \(b) An agreement constituting a conspiracy **may be inferred from acts of the parties**. \(c) **It is no defense to prosecution** for criminal conspiracy that 1. **one or more of the coconspirators is not criminally responsible** for the object offense; 2. **one or more of the coconspirators has been acquitted**, so long as two or more coconspirators have not been acquitted; 3. **one or more of the coconspirators has not been prosecuted or convicted**, has been convicted of a different offense, or is immune from prosecution; 4. **the actor belongs to a class of persons** that by definition of the object offense is **legally incapable of committing the object** offense in an individual capacity; or 5. the object offense was actually committed. \(d) An offense under this section is **one category lower than the most serious felony that is the object of the conspiracy**, and if the most serious felony that is the object of the conspiracy is a state jail felony, the offense is a **Class A misdemeanor**. **[Sec. 15.03. CRIMINAL SOLICITATION.]** a. A person commits an offense if, **with intent that a capital felony or felony of the first degree be committed**, he **requests, commands, or attempts to induce another** **to engage in specific conduct** that, under the circumstances surrounding his conduct as the actor believes them to be, would constitute the felony or **make the other a party to its commission**. b. A person **may not be convicted** under this section **on the uncorroborated testimony** of the **person allegedly solicited** and **unless the solicitation is made under circumstances strongly corroborative** of both the solicitation itself and the actor\'s intent that the other person act on the solicitation. **[Sec. 15.031. CRIMINAL SOLICITATION OF A MINOR. ]** \(a) A person commits an offense if, **with intent that an offense** listed by Article 42A.054(a), 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 Article 42A.054(a) **or make the minor a party to the commission of an offense** listed by Article 42A.054(a). **[Sec. 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 the person: 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; **[Sec. 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. \(c) An offense under this section is a **felony of the first degree**. **[Sec. 37.02. PERJURY. ]** \(a) A person commits an offense if, **with intent to deceive and with knowledge of the statement\'s meaning**: 1. He **makes a false statement under oath or swears to the truth of a false statement** previously made **and the statement is required or authorized by law to be made under oath**; or 2. He **makes a false unsworn declaration under Chapter 132, Civil Practice and Remedies Code**. \(b) An offense under this section is a **Class A misdemeanor**. **[Sec. 37.03. AGGRAVATED PERJURY. ]** \(a) A person commits an offense if he commits **perjury as defined in Section 37.02**, and the false statement: 1. is **made during or in connection with an official proceeding**; and 2. **is material**. \(b) An offense under this section is a **felony of the third degree**. **[Sec. 43.05. COMPELLING PROSTITUTION. ]** \(a) A person commits an offense if **the person knowingly**: 1. **causes another by force, threat, coercion, or fraud to commit prostitution**; 2. **causes by any means a child younger than 18 years** **to commit prostitution**, regardless of **whether the actor knows the age of the child** at the time of the offense; or 3. **causes by any means a disabled individual**, as defined by Section [22.021](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=22.021)(b), **to commit prostitution**, **regardless of whether the actor knows the individual is disabled** at the time of the offense. \(b) An offense under this section is a **felony of the first degree**. **[Sec. 71.01. ORGANIZED CRIME - DEFINITIONS]** \(d) **\"Criminal street gang\"** means **three or more persons** having a **common identifying sign** or symbol or **an identifiable leadership** who **continuously or regularly associate in the commission of criminal activities**. **[Sec. 101.04. CONSENT TO INSPECTION; PENALTY]**. \(a) **By accepting a license or permit, the holder consents** to the commission, an authorized representative of the commission, or a peace officer entering the licensed premises at any time to conduct an investigation or inspect the premises for the purpose of performing any duty imposed by this code. \(b) A person commits an offense if the person refuses to allow the commission, an authorized representative of the commission, or a peace officer to enter a licensed or permitted premises as required by Subsection (a). An offense under this section is a Class A misdemeanor. **[Sec. 101.31. ALCOHOLIC BEVERAGES IN DRY AREAS. ]** \(a) Except as otherwise provided in this code, no person in a dry area may manufacture, distill, brew, sell, import into the state, export from the state, transport, distribute, warehouse, store, solicit or take orders for, or possess **with intent to sell an alcoholic beverage**. \(b) An offense under this section is a **Class B misdemeanor**. \(c) If it is shown on the trial of an offense under this section that the person has **previously been convicted two or more times of an offense under this section, the offense is a state jail felony**. **[Sec. 101.63. SALE OR DELIVERY TO CERTAIN PERSONS.]** \(a) A person commits an offense if the person with **criminal negligence** sells an alcoholic beverage to a **habitual drunkard or an intoxicated or insane person**. (a-1) A person commits an offense if the person with criminal negligence delivers for commercial purposes an alcoholic beverage to an intoxicated person. \(b) Except as provided in Subsection (c) of this section, **a violation of this section is a misdemeanor punishable by a fine of not less than \$100 nor more than \$500, by confinement in jail for not more than one year, or by both**. \(c) If a person has been previously convicted of a violation of this section or of Section [106.03](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=AL&Value=106.03) of this code, **a violation is a misdemeanor punishable by a fine of not less than \$500 nor more than \$1,000, by confinement in jail for not more than one year, or by both**. **[Sec. 101.75. CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR SCHOOLS. ]** \(a) A person commits an offense if the person possesses an open container or consumes an alcoholic beverage on a public street, public alley, or public sidewalk within **1,000 feet** of the property line of a facility that is a public or private school, including a parochial school, that provides all or any part of prekindergarten through twelfth grade. \(b) This section does not apply to the possession of an open container or the consumption at an event duly authorized by appropriate authorities and held in compliance with all other applicable provisions of this code. \(c) An offense under this section is a **Class C misdemeanor**. **[Sec. 106.071. PUNISHMENT FOR ALCOHOL-RELATED OFFENSE BY MINOR. ]** In this code, \"minor\" means a person **under 21 years of age**. \(b) Except as provided by Subsection (c), an offense to which this section applies is a **Class C misdemeanor**. \(c) If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense to which this section applies, the offense is punishable by: 1. a fine of not less than **\$250 or more than \$2,000**; 2. confinement in jail for a term not to exceed **180 days**; or 3. both the fine and confinement. **[Sec. 106.03. SALE TO MINORS. ]** \(a) A person commits an offense if with criminal negligence he sells an alcoholic beverage to a minor. \(b) A person who sells a minor an alcoholic beverage does not commit an offense if the minor falsely represents himself to be 21 years old or older by displaying an apparently valid proof of identification that contains a physical description and photograph consistent with the minor\'s appearance, purports to establish that the minor is 21 years of age or older and was issued by a governmental agency. The proof of identification may include a driver\'s license or identification card issued by the Department of Public Safety, a passport, or a military identification card. \(c) An offense under this section is a **Class A misdemeanor**. **[Sec. 106.15. PROHIBITED ACTIVITIES BY PERSONS YOUNGER THAN 18. ]** \(a) A **permittee or licensee commits an offense if he employs, authorizes, permits, or induces a person younger than 18 years of age to dance with another person in exchange for a benefit**, as defined by Section [1.07](https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=1.07), Penal Code, on the **premises covered by the permit or license**. \(b) An offense under Subsection (a) is a **Class A misdemeanor**. \(c) In addition to a penalty imposed under Subsection (b), the commission or administrator shall: \(1) **suspend for a period of five days** the license or permit of a person convicted of a **first offense** under Subsection (a); \(2) **suspend for a period of 60 days** the license or permit of a person convicted of a **second offense** under Subsection (a); and \(3) **cancel the license or permit** of a person convicted of a **third offense** under Subsection (a).