Texas Statutes / Penal Code

Front 1

PC 15.01
Criminal Attempt

Back 1

PC 15.01

One category lower than the offense attempted

Front 2

PC 15.02
Criminal Conspiracy

Back 2

PC 15.02

Variable penalty

An offense under this section is one category lower than the most
serious felony that is the object of the offense.

Front 3

PC 15.03
Criminal Solicitation

Back 3

PC 15.03

Felony of the 1st degree if the offense solicited is a
capital offense; or

Felony of the 2nd degree if the offense solicited is a
felony of the 1st degree.

Front 4

PC 15.031
Criminal solicitation of a minor

Back 4

PC 15.031

One category lower than the
solicited offense.

Front 5

PC 16.01
Use of criminal instrument

Back 5

PC 16.01

One category lower than offense intended if he possesses a criminal instrument with the intent to use it in thecommission of an offense

SJF if with knowledge of its characted and with intent to use or aid or permit another to use in the
commission of an offense, he manufacturs, adapts, sells, installs,
or sets up a criminal instrument.

Front 6

PC 16.06
Installation of tracking device

Back 6

PC 16.06

Class A misdemenaor if knowingly installs an electronic or mechanical tracking device on a motor vehicle owned or leased by another.

Front 7

PC 16.06
Installation of tracking device

Back 7

PC 16.06

Class A Misdemeanor if knowingly installs an electronic or mechanical tracking device on a motor vehicle owned or leased by another.

Front 8

PC 19.02
Murder

Back 8

PC 19.02

1st Degree Felony if intentionally cuases death of another.

2nd Degree Felony if under the immediate influence of sudden passion arising from an adequate cause.

Front 9

PC 19.03
Capital Murder

Back 9

PC 19.03

Capital felony if murders:
(1) peace officer or fireman in performance of duties;
(2) during course of kidnapping, burglary, robbery, aggravatued sexual assault, arson, obstruction or retaliation, terroristic threat;
(3) for renumeration or propmise of renumeration, employs another to commit murder;
(4) escaping or attempting to escape from penal institution.
(5) while incarcerated in penal institution murders employee of penal institution, or with intent ot establish, maintain or participate in a combinationor in profits of a combination;
(6) while incarcerated for murder, or serving a life or 99 year sentence;
(7) more than one person during same criminal transaction, or during different transactions but in pursuant to the same scheme or course of conduct;
(6) person under the age of 6 years.

Front 10

PC 19.04
Manslaughter

Back 10

PC 19.04

2nd degree felony if recklessly causes death of another.

Front 11

PC 19.05
Criminally negligent homicide

Back 11

PC 19.05.

SJF of causes death of another by criminal negligence.

Front 12

PC 6.02

Culpable mental states classified according to relative degree from highest to lowest.

Back 12

(1) Intentional
(2) Knowing
(3) Reckless
(4) Criminal Negligence

Front 13

PC 6.02
If offense does not prescribe a culpable mental state, the least required degree of culability

Back 13

Reckless is least degree of required culpability when not prescribed in an offense.

Front 14

PC 6.03
Culpable mental states

Define Intentional.

Back 14

Act intentionally, or with intent, with respect to nature of conduct or to a result of conduct when it is concious objective or desire to engage in conduct or cause the result.

Front 15

PC 6.03
Cuplable mental states

Define Knowing

Back 15

Act knowingly, or with knowledge, with respect to nature of conduct or to circumstances surrounding conduct when aware of the nature of conduct or that circumstances exist. Act knowingly, or with knowledge, with respect to a result of conduct when aware conduct is reasonably certain to the result.

Front 16

PC 6.03
Culpable mental states

Define recklessly

Back 16

Act recklessly, or is reckless, with respect to nature of conduct or to circumstances surrounding conduct when aware of but conciously diregards a substantial & unjustifiable risk that circumstances exist or result will occur. Risk must be of such nature & degree that its disregard consitutes a gross deviation from standard of care that an ordinary would exercise under all the circumstances.

Front 17

PC 6.03
Culpable mental states

Define Criminal Negligence

Back 17

Act criminal negligence, or is criminally negligent, with respect to circumstances surrounding conduct or result of conduct when he ought to be aware of a substantial & unjustifiable risk that circumstances exist or result will occur. Risk must be of such nature & degree that its disregard consitutes a gross deviation from standard of care that an ordinary would exercise under all the circumstances.

Front 18

PC 20.02
Unlawful restraint

Back 18

PC 20.02

Class A Misdemeanor if intentionally of knowingly restrains another.

SJF if person restrained was child younger than 17 yoa

3rd degree Felony if
(A) actor recklessly exposes the victim to substantial risk of SBI;
(B) actor restrains an individual the actor knows is a public servant while they are lawfully discharging an
official duty or in retaliation against public servant; or
(C) actor, while in custody, restrains any other person.

Front 19

PC 20.03
Kidnapping

Back 19

PC 20.03

3rd degree felony if intentionally or knowingly abducts another

Front 20

PC 20.04
Aggravated kidnapping

Back 20

PC 20.04.

1st degree felony kidnaps another with intent to:
(1) hold for ransom or reward;
(2) use as a shield or hostage;
(3) facilitate commission of felony or flight after attempt/commission of felony;
(4) inflict bodily injury, violate or abuse sexually;
(5) terrorize him or another;
(6) interfere with performance of government or political function;
(7) uses or exhiibts a deadly weapon during commission of offense.

2nd degree felony if defendant proves during punishment stage he voluntarily released the victim in a safe place.

Front 21

PC 20.05
Unlawful Transport

Back 21

PC 20.05

SJF if for pecuniary benefit transport another in a manner that: is designed to conceal them from local, state, federal law enforcement authorities; creates substantial likelihood of suffering SBI or death.

Front 22

PC 20A.02
Trafficking of persons

Back 22

PC 20A.02

2nd degree felony if knowingly trafficks another.

1st degree felony if person trafficked younger than 14 years.

Front 23

PC 21.06
Homosexual Conduct

Back 23

PC 21.06

Class C Misdemeanor if engages in deviate sexual conduct with another of same sex.

Front 24

PC 21.07
Public Lewdness

Back 24

PC 21.07

Class A Misdemeanor if knowingly engages in followings act:
(1) sexual intercourse;
(2) deviate sexual intercourse;
(3) sexual contact;
(4) act involving contact between person's mouth or genitals and the anus or genital of an animal or fowl;
in public place, if not in public place is reckless about whether another is present who will be offended:

Front 25

PC 21.08
Indecent Exposure

Back 25

PC 21.08

Class B Misdemeanor if with the intent to arouse or gratify the sexual desire of any person: exposes anus or genitals and reckless about another is present who would be offended or alarmed.

Front 26

PC 21.11
Indecency with a child

Back 26

PC 21.11

2nd Degree Felony if engages in sexual contact with child or causes the child to engage in sexual contact

3rd Degree Felony if with the intent to arouse or gratify the sexual desire of any person: exposes his anus or genitals knowing the child is present, or causes the child to expose the child's anus or genitals.

Front 27

PC 21.15
Improper photography or visual recording

Back 27

PC 21.15

SJF is photographs or video tapes another without consent with nitent to arouse o0r gratify sexual desire of any person; or promotes same.

Front 28

PC 22.011
Sexual Assault

Back 28

PC 22.011

2nd Degree Felony if has sexual contact, sexual intercourse, deviate sexual intercourse with another without consent as a matter of legal age, unconcious, physically unable to resist, mental disease or defect, threats or use of force, or unaware assault is occuring.

Front 29

PC 22.01
Assault

Back 29

PC 22.01

Class A Misdemeanor if intentionally, knowingly, or recklessly causes
bodily injury to another

3rd Degree Felony if knows the victim is a public servant while performing official duties, or the person is a public servant in an exercise of official power; or against a family member if the defendant has been previously convicted of an offense under this section against a family member.

Class C Misdemeanor if intentionally or knowingly threatens another with
imminent bodily injury; causes physical contact wih another person when the person knows or should reasonable believe that the other will regard the contact as offensive or provocative.

Front 30

PC 22.02
Aggravated Assault

Back 30

PC 22.02

2nd Degree Felony if commits assault and causes SBI or; uses or exhibits a deadly weapon.

1st degree felony if the victim is a public servant discharging
official duties or in retaliation

Front 31

PC 22.021
Aggravated Sexual Assault

Back 31

PC 2.021

1st Degree Felony if:
(1) causes SBI or attempts to cause death of victim;
(2) places victim in fear of SBI, death, or kidnapping will be inflicted on anyone;
(3)Threatens victim with SBI, death, or kidnapping will be inflicetd on anyone;
(4) uses or exhibits a deadly weapon;
(5) acts in concert with another;
(6) administers rohypnol, GHB, or ketamine;
(7) victim younger than 14 yoa;
(8) victim is elderly (65 yoa or older) or disabled.

Front 32

PC 22.041
Abandoning or Endangering child

Back 32

PC 22.041

Abandons child younger than 15 years in place under circumstances that expose them to unresonable risk of harm.

SJF if had intent to return for the child

3rd degree felony if had no intent to return for the child

2nd Degree Felony if leaves the child in places that would cause them to be in imminent danger of bodily injury or death, physical or mental impairment

Front 33

PC 22.015
Coercing, soliciting, or inducing gang membership

Back 33

PC 22.015

With intent to coerce, induce or solicit a child to actively participate in activites of criminal street gang

SJF if threatens with imminent bodily injury.

3rd Degree Felony if causes bodily injury.

Front 34

PC 21.12
Sexual relationship between educator and student

Back 34

PC 21.12

2nd degree felony if engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a student (of any age) of primary or secondary school at which the actor is employed.

Front 35

PC 22.04
INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL

Back 35

PC 22.04

1st degree felony if intentionally, knowingly, by act or omission, causes to a child, elderly individual, or disabled individual:
(1) SBI
(2) serious mental deficiency, impairment, or injury;

2nd degree felony if done recklessly.

3rd degree felony if intentionally, knowingly causes bodily injury;

SJF is done recklessly.

SJF if with criminal negligence causes:
(1) SBI
(2) serious mental deficiency, impairment, or injury;
(3) bodily injury

Front 36

PC 22.05
DEADLY CONDUCT

Back 36

PC 22.05

Class A misdemeanor if recklessly engages in conduct that places another in imminent danger of serious bodily injury.

3rd degree felony if knowingly discharges a firearm at or in the direction of:
(1) one or more persons;
(2) habitation, building, or vehicle and is reckless as to whether they are occupied.

Front 37

PC 22.07
TERRORISTIC THREAT

Back 37

PC 22.07

Class B misdemeanor (Class A if family violence) if threatens to commit any offense involving violence to any person or property with intent to:

(1) cause a reaction of any type by an official or volunteer agency organized to deal with emergencies;

(2) place any person in fear of imminent SBI;

Class A misdemeanor if intent to:

(3) prevent or interrupt the occupation or use of a building, room or any public place

3rd degree felony if intent to:

(4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;

(5) place the public or a substantial group of the public in fear of SBI;

(6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state

Front 38

PC 22.08
AIDING SUICIDE

Back 38

PC 22.08

Aids or attempts to aid another to commit or attempt to commit suicide.

Class C misdemeanor; unless SBI occurs as result, then it is SJF.

Front 39

PC 22.10
LEAVING A CHILD IN A VEHICLE.

Back 39

PC 22.10

Class C misdemeanor if leaves child younger than 7 yoa, not attended by person of 14 yoa, in vehicle longer than 5 minutes.

Front 40

PC 22.11
HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL FACILITIES

Back 40

PC 22.11

3rd degree felony if causes the another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any person, or an
animal.

Front 41

PC 25.01
BIGAMY

Back 41

PC 25.01

Class A misdemeanor if legally married and purports to or does marry a person other than spouse; or lives with a person other than his spouse under appearance of being married

Front 42

PC 25.02
PROHIBITED SEXUAL CONDUCT

Back 42

PC 25.02

3rd degree felony if engages in sexual intercourse or deviate sexual intercourse with a person known to be:

(1) ancestor or descendant by blood or adoption
(2) stepchild or stepparent
(3) Aunt or uncle of the whole or half
blood
(4) brother or sister of the whole or half blood or by adoption
(5) Neice or nephew of the whole
or half blood or by adoption.

Front 43

PC 25.03
INTERFERENCE WITH CHILD CUSTODY

Back 43

PC 25.03

SJF if takes or retains a child younger than 18 years and knows that the it violates a judgment or order of a court.

Front 44

PC 25.031

AGREEMENT TO ABDUCT FROM CUSTODY

Back 44

PC 25.031

SJF

Front 45

PC 25.04
ENTICING A CHILD

Back 45

PC 25.04

Class B misdemeanor if intends to interfere with the lawful custody of
a child younger than 18 years, knowingly entices, persuades, or
takes child from custody of parent, guardian, or person standing in the stead.

3rd degree felony if actors intends to commit felony against child

Front 46

PC 25.05
CRIMINAL NONSUPPORT

Back 46

PC 25.05

SJF if you don't pay your child support.

Front 47

PC 25.06
HARBORING RUNAWAY CHILD

Back 47

PC 25.06

Class A misdemeanor if harbors a child and is criminally negligent about whether the child is younger than 18 years and has escaped from custody of peace officer, probation officer, TYC, detention facility for children, or is voluntarily absent from the child's home without the consent parent or guardian.

Front 48

PC 25.07
VIOLATION OF PROTECTIVE ORDER OR MAGISTRATE'S ORDER

Back 48

PC 25.07

Class A misdemeanor unless actor has two or more convictions for same offence, then enhance to 3rd degree felony.

Front 49

PC 25.071
VIOLATION OF PROTECTIVE ORDER PREVENTING OFFENSE CAUSED BY BIAS OR PREJUDICE

Back 49

PC 15.071

Class A misdemeanor unless actor has two or more convictions for same offence, then enhance to 3rd degree felony.

Front 50

PC 25.10
INTERFERENCE WITH RIGHTS OF GUARDIAN

Back 50

PC 25.10

SJF if person takes, retains, or conceals a ward when the person knows that it interferes with a possessory
right with respect to the ward.

Front 51

PC 28.02
ARSON

Back 51

PC 28.02

2nd degree felony if starts a fire or causes an explosion with intent to destroy:
(1) any vegetation, fence, or structure on open-space land; or
(2) any building, habitation, or vehicle: knowing it is within city limits, or insured against damage or destruction, or subject to mortgage or security interset, or located on property of another, or contains property of another, or is reckless as to whether danger to life or property of another.

1st degree felony if bodily injury or death is suffered, or property is place of assembly or worship.

Front 52

PC 28.03
CRIMINAL MISCHIEF

Back 52

PC 28.03

Without effective consent damages property of another.

Class C misdemeanor if loss less than $50.
Class B misdemeanor if loss $50 to $500.
Class A misdemeanor if loss $500 to $1500.

SJF if loss $1500 to $20,000. Less than $1500 if damage occurs to habitation and caused by firearm or explosive weapon; or fence used to contain livestock.

3rd degree felony if loss $20,000 to $100,000.

2nd degree felony if loss $100,000 to $200,000.

1st degree felony if loss more than $200,000.

Front 53

PC 28.04
RECKLESS DAMAGE OR DESTRUCTION

Back 53

PC 28.04

Class C misdemeanor if without effective consent recklessly damages or destroys property of owner.

Front 54

PC 28.07
INTERFERENCE WITH RAILROAD PROPERTY

Back 54

PC 28.07

Class B misdemeanor if throws an object or discharges a firearm or weapon at a train or rail-mounted work equipment.

Class C misdemeanor without effective consent enters or remains on railroad property.

tampers with railroad property; places an obstruction on a railroad track or right-of-way; causes derailment of a train, railroad car, or other railroad property:

Class C misdemeanor if (no)loss less than $20.

Class B misdemeanor if loss $20 to $500.

Class A misdemeanor if loss $500 to $1500.

SJF if loss $1500 to $20,000.

3rd degree felony if loss $20,000 to $100,000.

2nd degree felony if loss $100,000 to $200,000.

1st degree felony if loss more than $200,000.

Front 55

PC 28.08
GRAFFITI

Back 55

makes markings, inscriptions,
slogans, drawings, or paintings, on property of another with:
(1) aerosol paint;
(2) indelible marker;
(3) etching or engraving device

Class B misdemeanor if damage $500 or less.

Class A misdemeanor if damage $500 to $1500.

SJF if damage $1500 to $20,000. or school, institution of higher education, place of worship or human burial, public monument, or community center that provides medical, social, or educational programs

3rd degree felony if damage $20,000 to $100,000.

2nd degree felony if damage $100,000 to $200,000.

1st degree felony if damage more than $200,000.

Front 56

PC 29.02
ROBBERY

Back 56

PC 29.02

2nd degree felony if in course of committing theft causes bodily injury, or place another in fear of bodily injury or death.

Front 57

PC 29.03
AGGRAVATED ROBBERY

Back 57

PC 29.03

1st degree felony if commits robbery and:
(1) causes SBI to another;
(2) uses or exhibits a deadly weapon;
(3) victim is elderly or disabled.

Front 58

PC 30.02
BURGLARY

Back 58

PC 30.02

Enters or remains concealed in a building, or any portion of a building with the intent to commit: Theft; assault; any other felony.

SJF if not habitation.

2nd degree felony if habitation.

1st degree felony if habitation and intent was a felony other than theft.

Front 59

PC 30.03
BURGLARY OF COIN-OPERATED OR COIN COLLECTION MACHINES.

Back 59

PC 30.03

Class A misdemeanor if breaks into coin operated machine.

Front 60

PC 30.04
BURGLARY OF VEHICLES

Back 60

PC 30.04

Class A misdemeanor if breaks into or enters any part of a vehicle with intent to commit felony or theft.

SJF if vehicle is railcar.

Front 61

PC 30.05
CRIMINAL TRESPASS

Back 61

PC 30.05

Class B misdemeanor if enters or remains on property without effective consent, or refuses to leave:

Class C misdemeanor if on crop land.

Class A if habitation, superfund site, shelter center, or actor carries deadly weapon.

Front 62

PC 30.06
TRESPASS BY HOLDER OF LICENSE TO CARRY
CONCEALED HANDGUN

Back 62

PC 30.06

Class A misdemeanor if commits criminal trespass and is a CHL holder armed at the time.

Front 63

PC 31.03
THEFT

Back 63

PC 31.03

Unlawfully appropriates property with intent to deprive the owner
of property.

Class C misdemeanor if less than $50 ($20 with check).

Class B misdemeanor if $50 ($20 with check) to $500.

Class A misdemeanor if $500 to $1500.

SJF if $1500 to $20,000; from a person, grave or corpse; item stolen is firearm; two prior convictions; less than 10 head cattle, horses or exotic livestock/fowl; less than 100 sheep, swine, goats.

3rd degree felony if $20,000 to $100,000; more than 10 head cattle, horses or exotic livestock/fowl; more than 100 sheep, swine, goats.

2nd degree felony if $100,000 to $200,000.

1st degree felony if more than $200,000.

Front 64

PC 31.04
THEFT OF SERVICE

Back 64

PC 31.04

Commits theft of service if, with intent to avoid payment for service:

Class C misdemeanor if less than $20.

Class B misdemeanor if $20 to $500.

Class A misdemeanor if $500 to $1500.

SJF if $1500 to $20,000.

3rd degree felony if $20,000 to $100,000

2nd degree felony if $100,000 to $200,000.

1st degree felony if more than $200,000.

Front 65

PC 31.07
UNAUTHORIZED USE OF A VEHICLE

Back 65

PC 31.07

SJF if intentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle without effective consent.

Front 66

PC 31.11
TAMPERING WITH IDENTIFICATION NUMBERS

Back 66

PC 31.11

Class A misdemeanor if knowingly or intentionally removes, alters, or
obliterates the serial number or other permanent identification marking on tangible personal property.

Front 67

PC 31.15 POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT

Back 67

PC 31.15

Class A misdemeanor ir with intent to commit theft:

(1) possesses a shielding or deactivation instrument;

(2) manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument.

Front 68

PC 32.21
FORGERY

Back 68

PC 32.21

Class A misdemeanor if forges a writing with intent to defraud or harm another.

SJF if forgery is a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit an account at a financial institution, or similar sight order for payment of money, contract, release, or other commercial instrument.

3rd degree felony if forgery is part of an issue of money, securities, postage or revenue stamps; government record other instruments issued by a state or national government or by a subdivision of either, or part of an issue of stock, bonds, or other instruments representing interests in or claims against another person.

Front 69

PC 32.22
CRIMINAL SIMULATION

Back 69

PC 32.22

Class A misdemeanor if possesses, makes or alters an object, in whole or in part,so that it appears to have value because of age, antiquity, rarity, source, or authorship that it does not have with intent to sell, pass, or otherwise utter it; or authenticates or certifies an object so made or altered as genuine or as different from what it is.

Front 70

PC 32.24
STEALING OR RECEIVING STOLEN CHECK OR SIMILAR SIGHT ORDER

Back 70

PC 32.24

Class A misdemeanor if steals or receives an unsigned check or similar sight order with intent to use transfer or sell it to another, other than from whom it was stolen.

Front 71

PC 32.31
CREDIT CARD OR DEBIT CARD ABUSE

Back 71

PC 32.31

SJF