Title

Penal, Chapter 12 - Punishments

Text

TITLE 3 - PUNISHMENTS

CHAPTER 12 - PUNISHMENTS

SUBCHAPTER A - GENERAL PROVISIONS

Sec.

12.01. Punishment in accordance with code.

12.02. Classification of offenses.

12.03. Classification of misdemeanors.

12.04. Classification of felonies.

SUBCHAPTER B - ORDINARY MISDEMEANOR PUNISHMENTS

12.21. Class A misdemeanor.

12.22. Class B misdemeanor.

12.23. Class C misdemeanor.

SUBCHAPTER C - ORDINARY FELONY PUNISHMENTS

12.31. Capital felony.

12.32. First degree felony punishment.

12.33. Second degree felony punishment.

12.34. Third degree felony punishment.

12.35. State jail felony punishment.

SUBCHAPTER D - EXCEPTIONAL SENTENCES

12.41. Classification of offenses outside this code.

12.42. Penalties for repeat and habitual felony offenders.

12.422. (Deleted.)

12.43. Penalties for repeat and habitual misdemeanor

offenders.

12.44. Reduction of state jail felony punishment to

misdemeanor punishment.

12.45. Admission of unadjudicated offense.

12.46. Use of prior convictions.

12.47. Penalty if offense committed because of bias or

prejudice.

SUBCHAPTER E - CORPORATIONS AND ASSOCIATIONS

12.51. Authorized punishments for corporations and

associations.

SUBCHAPTER A - GENERAL PROVISIONS

Section 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.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

Section 12.02. Classification of offenses.

Offenses are designated as felonies or misdemeanors.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

Section 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.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

Section 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.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

SUBCHAPTER B - ORDINARY MISDEMEANOR PUNISHMENTS

Section 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.

(Chgd. by L.1991, chap. 108(1); L.1993, chap. 900(1.01),

eff. 9/1/94.)

Section 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.

(Chgd. by L.1991, chap. 108(1); L.1993, chap. 900(1.01),

eff. 9/1/94.)

Section 12.23. Class C misdemeanor.

An individual adjudged guilty of a Class C misdemeanor

shall be punished by a fine not to exceed $500. (Chgd. by

L.1991, chap. 108(1); L.1993, chap. 900(1.01), eff.

9/1/94.)

SUBCHAPTER C - ORDINARY FELONY PUNISHMENTS

Section 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.

(Chgd. by L.1991, chaps. 652(12), 838(4); L.1993, chap.

900(1.01), eff. 9/1/94. This Section is exempt from the

repeal of the Penal Code, L.1991, 2nd C.S., chap.

10(11.17), eff. 9/1/94.)

Section 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.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

Section 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.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

Section 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.

(Chgd. by L.1989, chap. 785(4.01); L.1990, 6th C. S.,

chap. 25(7); L.1993, chap. 900(1.01), eff. 9/1/94.)

Section 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 L.1993, chap. 900(1.01), eff. 9/1/94.)

SUBCHAPTER D - EXCEPTIONAL SENTENCES

Section 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.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

Section 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;

(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)-(c) and (e), an

adjudication by a juvenile court under Section 54.03,

Family Code, that a child engaged in delinquent conduct

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 (d)(2):

(1) a defendant has been previously convicted of an

offense listed under Subsection (d)(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

(d)(2)(B) is a conviction of an offense listed under

Subsection (d)(2)(B).

(Chgd. by L.1993, chap. 900(1.01); L.1995, chaps. 250(1),

262(78), 318(1); L.1997, chaps. 665(1), (2); 667(4), eff.

9/1/97.)

Section 12.422. (Deleted by amendment by L.1993, chap.

900(1.01), eff. 9/1/93.)

Section 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 a 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 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 provisions controls over this

section.

(Chgd. by L.1993, chap. 900(1.01); L.1995, chap. 318(2),

eff. 9/1/95.)

Section 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.

(Chgd. by L.1989, chap. 785(4.02); L.1993, chap.

900(1.01); L.1995, chap. 318(3), eff. 9/1/95.)

Section 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.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

Section 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. (Chgd. by L.1993, chap. 900(1.01),

eff. 9/1/94.)

Section 12.47. Penalty if offense committed because of

bias or prejudice.

If the judge or jury, whichever assesses punishment in

the case, makes an affirmative finding under Article

42.014, Code of Criminal Procedure, in the punishment phase

of 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. (Added by L.1993, chap.

987(1); chgd. by L.1997, chap. 751(1), eff. 9/1/97. Former

12.47 deleted by amendment by L.1993, chap. 900(1.01), eff.

9/1/94.)

SUBCHAPTER E - CORPORATIONS AND ASSOCIATIONS

Section 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.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)