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Texas Laws | Penal Code

Added by Acts 2003, 78th Leg., ch. 549, Sec. 32, eff. Sept. 1, 2003. (2060)

Amended by: (2061)

Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.056, eff. September 1, 2017. (2062)


(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. (2064)

(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). (2065)

(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: (2066)

(1) is charged in the alternative; (2067)

(2) occurred outside the period in which the offense alleged under Subsection (a) was committed; or (2068)

(3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a). (2069)

(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. (2070)

(e) An offense under this section is a felony of the third degree. (2071)

Added by Acts 2009, 81st Leg., R.S., Ch. 665 (H.B. 2240), Sec. 1, eff. September 1, 2009. (2072)



Sec. 28.01. DEFINITIONS. (2075)(Text)

In this chapter: (2076)

(1) "Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons and includes: (2077)

(A) each separately secured or occupied portion of the structure or vehicle; and (2078)

(B) each structure appurtenant to or connected with the structure or vehicle. (2079)

(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. (2080)

(3) "Property" means: (2081)

(A) real property; (2082)

(B) tangible or intangible personal property, including anything severed from land; or (2083)

(C) a document, including money, that represents or embodies anything of value. (2084)

(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. (2085)

(5) "Open-space land" means real property that is undeveloped for the purpose of human habitation. (2086)

(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. (2087)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1216, ch. 588, Sec. 1, eff. Sept. 1, 1979; Acts 1989, 71st Leg., ch. 31, Sec. 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (2088)

Sec. 28.02. ARSON. (2089)(Text)

(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: (2090)

(1) any vegetation, fence, or structure on open-space land; or (2091)

(2) any building, habitation, or vehicle: (2092)

(A) knowing that it is within the limits of an incorporated city or town; (2093)

(B) knowing that it is insured against damage or destruction; (2094)

(C) knowing that it is subject to a mortgage or other security interest; (2095)

(D) knowing that it is located on property belonging to another; (2096)

(E) knowing that it has located within it property belonging to another; or (2097)

(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. (2098)

(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. (2099)

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