PENAL CODE CHAPTER 12.

TITLE 3. PUNISHMENTS

PUNISHMENTS

SUBCHAPTER A. GENERAL PROVISIONS

§ 12.01. PUNISHMENT IN ACCORDANCE WITH CODE. (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.
(b) Penal laws enacted after the effective date of this code
shall be classified for punishment purposes in accordance with this
chapter.
(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.

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

§ 12.02. CLASSIFICATION OF OFFENSES. Offenses are
designated as felonies or misdemeanors.

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

§ 12.03. CLASSIFICATION OF
MISDEMEANORS. (a) Misdemeanors are classified according to the
relative seriousness of the offense into three categories:
(1) Class A misdemeanors;
(2) Class B misdemeanors;
(3) Class C misdemeanors.
(b) An offense designated a misdemeanor in this code without
specification as to punishment or category is a Class C
misdemeanor.
(c) Conviction of a Class C misdemeanor does not impose any
legal disability or disadvantage.

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

§ 12.04. CLASSIFICATION OF FELONIES. (a) Felonies are
classified according to the relative seriousness of the offense
into five categories:
(1) capital felonies;
(2) felonies of the first degree;
(3) felonies of the second degree;
(4) felonies of the third degree; and
(5) state jail felonies.
(b) An offense designated a felony in this code without
specification as to category is a state jail felony.

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

SUBCHAPTER B. ORDINARY MISDEMEANOR PUNISHMENTS

 

§ 12.21. CLASS A MISDEMEANOR. An individual adjudged
guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one
year; or
(3) both such fine and confinement.

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

§ 12.22. CLASS B MISDEMEANOR. An individual adjudged
guilty of a Class B misdemeanor shall be punished by:
(1) a fine not to exceed $2,000;
(2) confinement in jail for a term not to exceed 180
days; or
(3) both such fine and confinement.

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

§ 12.23. CLASS C MISDEMEANOR. An individual adjudged
guilty of a Class C misdemeanor shall be punished by a fine not to
exceed $500.

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

SUBCHAPTER C. ORDINARY FELONY PUNISHMENTS

 

§ 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
institutional division for life 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 institutional division for life.
(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 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 a sentence
of life imprisonment is mandatory on conviction of the capital
felony.

Added by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, § 2, eff.
Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 652, § 12,
eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 838, § 4, eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept.
1, 1994.

§ 12.32. FIRST DEGREE FELONY PUNISHMENT. (a) An
individual adjudged guilty of a felony of the first degree shall be
punished by imprisonment in the institutional division for life or
for any term of not more than 99 years or less than 5 years.
(b) In addition to imprisonment, an individual adjudged
guilty of a felony of the first degree may be punished by a fine not
to exceed $10,000.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from V.T.C.A., Penal Code § 12.31 by Acts 1973, 63rd
Leg., p. 1124, ch. 426, art. 2, § 2, eff. Jan. 1, 1974. Amended
by Acts 1979, 66th Leg., p. 1058, ch. 488, § 1, eff. Sept. 1,
1979; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

§ 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) An
individual adjudged guilty of a felony of the second degree shall be
punished by imprisonment in the institutional division for any term
of not more than 20 years or less than 2 years.
(b) In addition to imprisonment, an individual adjudged
guilty of a felony of the second degree may be punished by a fine not
to exceed $10,000.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from V.T.C.A., Penal Code § 12.32 by Acts 1973, 63rd
Leg., p. 1124, ch. 426, art. 2, § 2, eff. Jan. 1, 1974. Amended
by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

§ 12.34. THIRD DEGREE FELONY PUNISHMENT. (a) An
individual adjudged guilty of a felony of the third degree shall be
punished by imprisonment in the institutional division for any term
of not more than 10 years or less than 2 years.
(b) In addition to imprisonment, an individual adjudged
guilty of a felony of the third degree may be punished by a fine not
to exceed $10,000.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from V.T.C.A., Penal Code § 12.33 by Acts 1973, 63rd
Leg., p. 1124, ch. 426, art. 2, § 2, eff. Jan. 1,1974. Amended by
Acts 1989, 71st Leg., ch. 785, § 4.01, eff. Sept. 1, 1989; Acts
1990, 71st Leg., 6th C.S., ch. 25, § 7, eff. June 18, 1990; Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

§ 12.35. STATE JAIL FELONY PUNISHMENT. (a) Except as
provided by Subsection (c), an individual adjudged guilty of a
state jail felony shall be punished by confinement in a state jail
for any term of not more than two years or less than 180 days.
(b) In addition to confinement, an individual adjudged
guilty of a state jail felony may be punished by a fine not to exceed
$10,000.
(c) An individual adjudged guilty of a state jail felony
shall be punished for a third degree felony if it is shown on the
trial of the offense that:
(1) a deadly weapon as defined by Section 1.07 was used
or exhibited during the commission of the offense or during
immediate flight following the commission of the offense, and that
the individual used or exhibited the deadly weapon or was a party to
the offense and knew that a deadly weapon would be used or
exhibited; or
(2) the individual has previously been finally
convicted of any felony:
(A) listed in Section 3g(a)(1), Article 42.12,
Code of Criminal Procedure; or
(B) for which the judgment contains an
affirmative finding under Section 3g(a)(2), Article 42.12, Code of
Criminal Procedure.

Added by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

SUBCHAPTER D. EXCEPTIONAL SENTENCES

 

§ 12.41. CLASSIFICATION OF OFFENSES OUTSIDE THIS
CODE. For purposes of this subchapter, any conviction not obtained
from a prosecution under this code shall be classified as follows:
(1) "felony of the third degree" if imprisonment in a
penitentiary is affixed to the offense as a possible punishment;
(2) "Class B misdemeanor" if the offense is not a
felony and confinement in a jail is affixed to the offense as a
possible punishment;
(3) "Class C misdemeanor" if the offense is punishable
by fine only.

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

§ 12.42. PENALTIES FOR REPEAT AND HABITUAL FELONY
OFFENDERS. (a)(1) If it is shown on the trial of a state jail
felony punishable under Section 12.35(a) that the defendant has
previously been finally convicted of two state jail felonies, on
conviction the defendant shall be punished for a third-degree
felony.
(2) If it is shown on the trial of a state jail felony
punishable under Section 12.35(a) that the defendant has previously
been finally convicted of two felonies, and the second previous
felony conviction is for an offense that occurred subsequent to the
first previous conviction having become final, on conviction the
defendant shall be punished for a second-degree felony.
(3) If it is shown on the trial of a state jail felony
punishable under Section 12.35(c) or on the trial of a third-degree
felony that the defendant has been once before convicted of a
felony, on conviction he shall be punished for a second-degree
felony.
(b) If it is shown on the trial of a second-degree felony
that the defendant has been once before convicted of a felony, on
conviction he shall be punished for a first-degree felony.
(c)(1) Except as provided by Subdivision (2), if it is shown
on the trial of a first-degree felony that the defendant has been
once before convicted of a felony, on conviction he shall be
punished by imprisonment in the institutional division of the Texas
Department of Criminal Justice for life, or for any term of not more
than 99 years or less than 15 years. In addition to imprisonment,
an individual may be punished by a fine not to exceed $10,000.
(2) A defendant shall be punished by imprisonment in
the institutional division for life if:
(A) the defendant is convicted of an offense:
(i) under Section 22.021 or 22.011, Penal
Code;
(ii) under Section 20.04(a)(4), Penal Code,
if the defendant committed the offense with the intent to violate or
abuse the victim sexually; or
(iii) under Section 30.02, Penal Code,
punishable under Subsection (d) of that section, if the defendant
committed the offense with the intent to commit a felony described
by Subparagraph (i) or (ii) or a felony under Section 21.11 or
22.011, Penal Code; and
(B) the defendant has been previously convicted
of an offense:
(i) under Section 43.25 or 43.26, Penal
Code, or an offense under Section 43.23, Penal Code, punishable
under Subsection (h) of that section;
(ii) under Section 21.11, 22.011, 22.021,
or 25.02, Penal Code;
(iii) under Section 20.04(a)(4), Penal
Code, if the defendant committed the offense with the intent to
violate or abuse the victim sexually;
(iv) under Section 30.02, Penal Code,
punishable under Subsection (d) of that section, if the defendant
committed the offense with the intent to commit a felony described
by Subparagraph (ii) or (iii); or
(v) under the laws of another state
containing elements that are substantially similar to the elements
of an offense listed in Subparagraph (i), (ii), (iii), or (iv).
(d) If it is shown on the trial of a felony offense other
than a state jail felony punishable under Section 12.35(a) that the
defendant has previously been finally convicted of two felony
offenses, and the second previous felony conviction is for an
offense that occurred subsequent to the first previous conviction
having become final, on conviction he shall be punished by
imprisonment in the institutional division of the Texas Department
of Criminal Justice for life, or for any term of not more than 99
years or less than 25 years.
(e) A previous conviction for a state jail felony punished
under Section 12.35(a) may not be used for enhancement purposes
under Subsection (b), (c), or (d).
(f) For the purposes of Subsections (a), (b), (c)(1), and
(e), an adjudication by a juvenile court under Section 54.03,
Family Code, that a child engaged in delinquent conduct on or after
January 1, 1996, constituting a felony offense for which the child
is committed to the Texas Youth Commission under Section
54.04(d)(2), (d)(3), or (m), Family Code, or Section 54.05(f),
Family Code, is a final felony conviction.
(g) For the purposes of Subsection (c)(2):
(1) a defendant has been previously convicted of an
offense listed under Subsection (c)(2)(B) if the defendant was
adjudged guilty of the offense or entered a plea of guilty or nolo
contendere in return for a grant of deferred adjudication,
regardless of whether the sentence for the offense was ever imposed
or whether the sentence was probated and the defendant was
subsequently discharged from community supervision; and
(2) a conviction under the laws of another state for an
offense containing elements that are substantially similar to the
elements of an offense listed under Subsection (c)(2)(B) is a
conviction of an offense listed under Subsection (c)(2)(B).

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1983, 68th Leg., p. 1750, ch. 339, § 1, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 582, § 1, eff. Sept. 1,
1985; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
Acts 1995, 74th Leg., ch. 250, § 1, eff. Sept. 1, 1995; Acts
1995, 74th Leg., ch. 262, § 78, eff. Jan. 1, 1996; Acts 1995,
74th Leg., ch. 318, § 1, eff. Jan. 1, 1996; Acts 1997, 75th Leg.,
ch. 665, § 1, 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch.
667, § 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, §
15.01, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 283, § 53,
eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1005, § 2, eff.
Sept. 1, 2003.

§ 12.43. PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR
OFFENDERS. (a) If it is shown on the trial of a Class A
misdemeanor that the defendant has been before convicted of a Class
A misdemeanor or any degree of felony, on conviction he shall be
punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for any term of not more than
one year or less than 90 days; or
(3) both such fine and confinement.
(b) If it is shown on the trial of a Class B misdemeanor that
the defendant has been before convicted of a Class A or Class B
misdemeanor or any degree of felony, on conviction he shall be
punished by:
(1) a fine not to exceed $2,000;
(2) confinement in jail for any term of not more than
180 days or less than 30 days; or
(3) both such fine and confinement.
(c) If it is shown on the trial of an offense punishable as a
Class C misdemeanor under Section 42.01 or 49.02 that the defendant
has been before convicted under either of those sections three
times or three times for any combination of those offenses and each
prior offense was committed in the 24 months preceding the date of
commission of the instant offense, the defendant shall be punished
by:
(1) a fine not to exceed $2,000;
(2) confinement in jail for a term not to exceed 180
days; or
(3) both such fine and confinement.
(d) If the punishment scheme for an offense contains a
specific enhancement provision increasing punishment for a
defendant who has previously been convicted of the offense, the
specific enhancement provision controls over this section.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 1995, 74th Leg., ch. 318, § 2, eff. Sept. 1, 1995;
Acts 1999, 76th Leg., ch. 564, § 1, eff. Sept. 1, 1999.

§ 12.44. REDUCTION OF STATE JAIL FELONY PUNISHMENT TO
MISDEMEANOR PUNISHMENT. (a) A court may punish a defendant who is
convicted of a state jail felony by imposing the confinement
permissible as punishment for a Class A misdemeanor if, after
considering the gravity and circumstances of the felony committed
and the history, character, and rehabilitative needs of the
defendant, the court finds that such punishment would best serve
the ends of justice.
(b) When a court is authorized to impose punishment for a
lesser category of offense as provided in Subsection (a), the court
may authorize the prosecuting attorney to prosecute initially for
the lesser category of offense.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1989, 71st Leg., ch. 785, § 4.02, eff. Sept. 1,
1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
Acts 1995, 74th Leg., ch. 318, § 3, eff. Sept. 1, 1995.

§ 12.45. ADMISSION OF UNADJUDICATED OFFENSE. (a) A
person may, with the consent of the attorney for the state, admit
during the sentencing hearing his guilt of one or more
unadjudicated offenses and request the court to take each into
account in determining sentence for the offense or offenses of
which he stands adjudged guilty.
(b) Before a court may take into account an admitted offense
over which exclusive venue lies in another county or district, the
court must obtain permission from the prosecuting attorney with
jurisdiction over the offense.
(c) If a court lawfully takes into account an admitted
offense, prosecution is barred for that offense.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1983, 68th Leg., p. 4131, ch. 649, § 1, eff. Aug.
29, 1983; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

§ 12.46. USE OF PRIOR CONVICTIONS. The use of a
conviction for enhancement purposes shall not preclude the
subsequent use of such conviction for enhancement purposes.

Added by Acts 1979, 66th Leg., p. 1027, ch. 459, § 1, eff. June 7,
1979. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff.
Sept. 1, 1994.

§ 12.47. PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS OR
PREJUDICE. (a) If an affirmative finding under Article 42.014,
Code of Criminal Procedure, is made in the trial of an offense other
than a first degree felony or a Class A misdemeanor, the punishment
for the offense is increased to the punishment prescribed for the
next highest category of offense. If the offense is a Class A
misdemeanor, the minimum term of confinement for the offense is
increased to 180 days. This section does not apply to the trial of
an offense of injury to a disabled individual under § 22.04, if
the affirmative finding in the case under Article 42.014, Code of
Criminal Procedure, shows that the defendant intentionally
selected the victim because the victim was disabled.
(b) The attorney general, if requested to do so by a
prosecuting attorney, may assist the prosecuting attorney in the
investigation or prosecution of an offense committed because of
bias or prejudice. The attorney general shall designate one
individual in the division of the attorney general's office that
assists in the prosecution of criminal cases to coordinate
responses to requests made under this subsection.

Added by Acts 1993, 73rd Leg., ch. 987, § 1, eff. Sept. 1, 1993.
Amended by Acts 1997, 75th Leg., ch. 751, § 1, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 85, § 1.01, eff. Sept. 1, 2001.

§ 12.48. CERTAIN OFFENSES RESULTING IN LOSS TO NURSING
AND CONVALESCENT HOMES. If it is shown on the trial of an offense
under Chapter 31 or 32 that, as a result of a loss incurred because
of the conduct charged, a trustee was appointed and emergency
assistance funds, other than funds used to pay the expenses of the
trustee, were used for a nursing or convalescent home under
Subchapter D, Chapter 242, Health and Safety Code, the punishment
for the offense is increased to the punishment prescribed for the
next higher category of offense except that a felony of the first
degree is punished as a felony of the first degree.

Added by Acts 1999, 76th Leg., ch. 439, § 4, eff. Sept. 1, 1999.

§ 12.49. PENALTY IF CONTROLLED SUBSTANCE USED TO COMMIT
OFFENSE. If the court makes an affirmative finding under Article
42.012, Code of Criminal Procedure, in the punishment phase of the
trial of an offense under Chapter 29, Chapter 31, or Title 5, other
than a first degree felony or a Class A misdemeanor, the punishment
for the offense is increased to the punishment prescribed for the
next highest category of offense. If the offense is a Class A
misdemeanor, the minimum term of confinement for the offense is
increased to 180 days.

Added by Acts 1999, 76th Leg., ch. 417, § 2(a), eff. Sept. 1,
1999. Renumbered from V.T.C.A., Penal Code § 12.48 and amended
by Acts 2001, 77th Leg., ch. 1420, § 21.001(93), 21.002(15),
eff. Sept. 1, 2001.

SUBCHAPTER E. CORPORATIONS AND ASSOCIATIONS

 

§ 12.51. AUTHORIZED PUNISHMENTS FOR CORPORATIONS AND
ASSOCIATIONS. (a) If a corporation or association is adjudged
guilty of an offense that provides a penalty consisting of a fine
only, a court may sentence the corporation or association to pay a
fine in an amount fixed by the court, not to exceed the fine
provided by the offense.
(b) If a corporation or association is adjudged guilty of an
offense that provides a penalty including imprisonment, or that
provides no specific penalty, a court may sentence the corporation
or association to pay a fine in an amount fixed by the court, not to
exceed:
(1) $20,000 if the offense is a felony of any category;
(2) $10,000 if the offense is a Class A or Class B
misdemeanor;
(3) $2,000 if the offense is a Class C misdemeanor; or
(4) $50,000 if, as a result of an offense classified as
a felony or Class A misdemeanor, an individual suffers serious
bodily injury or death.
(c) In lieu of the fines authorized by Subsections (a),
(b)(1), (b)(2), and (b)(4), if a court finds that the corporation or
association gained money or property or caused personal injury or
death, property damage, or other loss through the commission of a
felony or Class A or Class B misdemeanor, the court may sentence the
corporation or association to pay a fine in an amount fixed by the
court, not to exceed double the amount gained or caused by the
corporation or association to be lost or damaged, whichever is
greater.
(d) In addition to any sentence that may be imposed by this
section, a corporation or association that has been adjudged guilty
of an offense may be ordered by the court to give notice of the
conviction to any person the court deems appropriate.
(e) On conviction of a corporation or association, the court
shall notify the attorney general of that fact.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1977, 65th Leg., p. 1917, ch. 768, § 1, eff. June
16, 1977; Acts 1987, 70th Leg., ch. 1085, § 1, eff. Sept. 1,
1987; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994

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