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Texas Laws | Penal Code
PENAL CODE
TITLE 3. PUNISHMENTS

TITLE 3. PUNISHMENTS (537)(Text)

CHAPTER 12. PUNISHMENTS (538)(Text)

Sec. 12.01. PUNISHMENT IN ACCORDANCE WITH CODE. (539)(Text)

(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. (540)

(b) Penal laws enacted after the effective date of this code shall be classified for punishment purposes in accordance with this chapter. (541)

(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. (542)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (543)

Sec. 12.02. CLASSIFICATION OF OFFENSES. (544)(Text)

Offenses are designated as felonies or misdemeanors. (545)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (546)

Sec. 12.03. CLASSIFICATION OF MISDEMEANORS. (547)(Text)

(a) Misdemeanors are classified according to the relative seriousness of the offense into three categories: (548)

(1) Class A misdemeanors; (549)

(2) Class B misdemeanors; (550)

(3) Class C misdemeanors. (551)

(b) An offense designated a misdemeanor in this code without specification as to punishment or category is a Class C misdemeanor. (552)

(c) Conviction of a Class C misdemeanor does not impose any legal disability or disadvantage. (553)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (554)

Sec. 12.04. CLASSIFICATION OF FELONIES. (555)(Text)

(a) Felonies are classified according to the relative seriousness of the offense into five categories: (556)

(1) capital felonies; (557)

(2) felonies of the first degree; (558)

(3) felonies of the second degree; (559)

(4) felonies of the third degree; and (560)

(5) state jail felonies. (561)

(b) An offense designated a felony in this code without specification as to category is a state jail felony. (562)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1973, 63rd Leg., p. 1125, ch. 426, art. 2, Sec. 3, eff. Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (563)

SUBCHAPTER B. ORDINARY MISDEMEANOR PUNISHMENTS (564)(Text)
Sec. 12.21. CLASS A MISDEMEANOR. (565)(Text)

An individual adjudged guilty of a Class A misdemeanor shall be punished by: (566)

(1) a fine not to exceed $4,000; (567)

(2) confinement in jail for a term not to exceed one year; or (568)

(3) both such fine and confinement. (569)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (570)

Sec. 12.22. CLASS B MISDEMEANOR. (571)(Text)

An individual adjudged guilty of a Class B misdemeanor shall be punished by: (572)

(1) a fine not to exceed $2,000; (573)

(2) confinement in jail for a term not to exceed 180 days; or (574)

(3) both such fine and confinement. (575)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (576)

Sec. 12.23. CLASS C MISDEMEANOR. (577)(Text)

An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500. (578)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (579)

SUBCHAPTER C. ORDINARY FELONY PUNISHMENTS (580)(Text)
Sec. 12.31. CAPITAL FELONY. (581)(Text)

(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: (582)

(1) life, if the individual committed the offense when younger than 18 years of age; or (583)

(2) life without parole, if the individual committed the offense when 18 years of age or older. (584)

(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: (585)

(1) a sentence of life imprisonment is mandatory on conviction of the capital felony, if the individual committed the offense when younger than 18 years of age; or (586)

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