Texas Penal Code

The Texas Penal Code is a collection of most of the criminal laws of the State of Texas, defining various crimes and the corresponding penalties for committing them. 

The Penal Code is one of 28 codes, or books, of Texas laws, which are enacted by the Legislature. However, it doesn’t include all criminal laws of the state because certain crimes are codified in the Transportation Code or other codes, and because Texas cities are also able to enact their own local criminal ordinances.

An official version of the Texas Penal Code is available online from the state legislature. In print, Vernon’s Texas Statutes and Codes Annotated is considered the official version of the laws. 

Persons accused of crimes under the Penal Code are entitled to trial in a court of law. They are presumed innocent until proven guilty.

Crimes

The Penal Code defines various acts that constitute crimes, including homicide, kidnapping, smuggling of persons, assault, sexual assault, public lewdness, arson, burglary, theft, and fraud.

Some crimes involve acts of official corruption, including bribery, improper influence, obstruction, and retaliation against an employee for reporting a criminal offense. 

Texas also criminalizes the possession of certain narcotics, including marijuana, heroin, cocaine, and methamphetamine, though these laws are found in the Health and Safety Code, not in the Penal Code.

Punishments

The Penal Code classifies criminal offenses according to their relative seriousness: 

• Class A misdemeanors: punishable by a fine not to exceed $4,000, confinement in jail for a term not to exceed one year, or both fine and confinement.
• Class B misdemeanors: punishable by a fine not to exceed $2,000, confinement in jail for a term not to exceed 180 days, or both fine and confinement.
• Class C misdemeanors: punishable by a fine not to exceed $500.
• Capital felonies: punished by death, or imprisonment in state prison for life without parole, except in juvenile cases
• 1st-degree felonies: punishable by imprisonment in state prison for 5 to 99 years, or for life, plus a fine not to exceed $10,000.
• 2nd-degree felonies: punishable by imprisonment in state prison for 2 to 20 years, plus a fine not to exceed $10,000.
• 3rd-degree felonies: punishable by imprisonment in state prison for 2 to 10 years, plus a fine not to exceed $10,000.
• State jail felonies: punishable by imprisonment in a state jail for 180 days two 2 years, except in certain more certain cases involving prior convictions, or cases involving a deadly weapon; plus a fine not to exceed $10,000.

History

The Texas Penal Code has changed throughout the years, and typically undergoes at least minor revisions every two years when the Legislature meets in regular session. 

During the Texas Republic and first years of statehood, Texas was governed by the common law, apart from a few criminal statutes. The first full codification of a Penal Code took place in 1856. It underwent substantial revision in 1973 with the passage of a revision based largely on the American Law Institute’s Model Penal Code.