Tex. Penal Code § 1.01
SHORT TITLE
This code shall be known and may be cited as the Penal Code.
Texas Penal Code
Texas · statute · Tex. Penal Code · 464 active provisions
Tex. Penal Code § 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 a…
Tex. Penal Code § 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 apply to offenses defined by other laws, unless the statute defining…
Tex. Penal Code § 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…
Tex. Penal Code § 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 311.01…
Tex. Penal Code § 1.06
COMPUTATION OF AGE
A person attains a specified age on the day of the anniversary of his birthdate.
Tex. Penal Code § 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, commi…
Tex. Penal Code § 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.
Tex. Penal Code § 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 misapplicat…
Tex. Penal Code § 1.10
ENFORCEMENT OF CERTAIN FEDERAL LAWS REGULATING FIREARMS, FIREARM ACCESSORIES, AND FIREARM AMMUNITION
(a) In this section: (1) "Ammunition" has the meaning assigned by Section 229.001, Local Government Code. (2) "Firearm" has the meaning assigned by Section 46.01. (3) "Firearm accessory" means an item that is used in conjunction with or mounted on a firearm but is not essential to the basic function of the firearm. The…
Tex. Penal Code § 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.
Tex. Penal Code § 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 co…
Tex. Penal Code § 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 submit…
Tex. Penal Code § 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…
Tex. Penal Code § 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 th…
Tex. Penal Code § 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 tr…
Tex. Penal Code § 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 pri…
Tex. Penal Code § 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 the accused has been found guilty shall be pronounced. Except as otherwise provided by this section, the sentences shall run concurrently.…
Tex. Penal Code § 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…
Tex. Penal Code § 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 contr…
Tex. Penal Code § 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…
Tex. Penal Code § 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 circumstance…
Tex. Penal Code § 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…
Tex. Penal Code § 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 a…
Tex. Penal Code § 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 as…
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