PENAL CODE

OFFENSES
BY PUNISHMENT RANGE

Including Updates From the 85th Legislative Session

REV 3/18
 

 
Table of Contents

PUNISHMENT BY OFFENSE CLASSIFICATION........................................................................... 2

PENALTIES FOR REPEAT AND HABITUAL OFFENDERS .......................................................... 4
EXCEPTIONAL SENTENCES ................................................................................................... 7
CLASSIFICATION OF TITLE 4 ................................................................................................. 8
INCHOATE OFFENSES ........................................................................................................... 8
CLASSIFICATION OF TITLE 5 ............................................................................................... 11
OFFENSES AGAINST THE PERSON ....................................................................................... 11
CLASSIFICATION OF TITLE 6 ............................................................................................... 18
OFFENSES AGAINST THE FAMILY ......................................................................................... 18
CLASSIFICATION OF TITLE 7 ............................................................................................... 20
OFFENSES AGAINST PROPERTY .......................................................................................... 20
CLASSIFICATION OF TITLE 8 ............................................................................................... 43
OFFENSES AGAINST PUBLIC ADMINISTRATION .................................................................. 43
CLASSIFICATION OF TITLE 9 ............................................................................................... 51
OFFENSES AGAINST PUBLIC ORDER & DECENCY .............................................................. 51
CLASSIFICATION OF TITLE 10 ............................................................................................. 57
OFFENSES AGAINST PUBLIC HEALTH, SAFETY & MORALS ................................................ 57
TITLE 11. ORGANIZED CRIME ............................................................................................ 62
CLASSIFICATION AND PUNISHMENT ................................................................................... 62
CLASSIFICATION OF CONTROLLED SUBSTANCE OFFENSES ................................................. 64
HEALTH & SAFETY CODE .................................................................................................. 64
LIFE IMPRISONMENT AS POSSIBLE PUNISHMENT FOR CONTROLLED SUBSTANCE OFFENSES
................................................................................................................................................... 77
TITLE 3. PROGRESSIVE SANCTIONS MODEL ....................................................................... 79

 
 

PUNISHMENT BY OFFENSE CLASSIFICATION

TEXAS PENAL CODE

Offense Punishment
Capital Felony [Tex. Penal Code Ann. §12.31]
If the individual is found guilty and the state seeks the death penalty:
• Imprisonment in the institutional division for life without the
possibility of parole, or
• Death

If the individual is found guilty and the state does not seek the death
penalty:
• Imprisonment in the institutional division for life without the
possibility of parole
• However, an individual under the age of 18 at the time of the
offense as well as a certified juvenile are no longer eligible for life
without parole.

First Degree Felony [Tex. Penal Code §12.32]

• Imprisonment in the institutional division for life, or
• Imprisonment in the institutional division for not more than 99
years or less than five years with the exception of aggravated
sexual assault, which adds a 25-year minimum punishment if the
victim is younger than 6, or younger than 14 and the offense
contained threats of serious bodily injury or death, or use of a
deadly weapon
• In addition to imprisonment, may receive a fine not to exceed
$10,000

Second Degree Felony [Tex. Penal Code §12.33]

• Imprisonment in the institutional division for not more than 20
years or less than two years
• In addition to imprisonment, may receive a fine not to exceed
$10,000

Third Degree Felony [Tex. Penal Code §12.34]

• Imprisonment in the institutional division for not more than 10
years or less than two years
• In addition to imprisonment, may receive a fine not to exceed
$10,000

State Jail Felony [Tex. Penal Code §12.35 (a), (b)]

• Confinement in a state jail for not more than two years and not less
than 180 days
• In addition to confinement, may receive a fine not to exceed
$10,000

  Penal Code Offenses by Punishment Range Office of the Attorney General

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PUNISHMENT BY OFFENSE CLASSIFICATION

TEXAS PENAL CODE

Offense Punishment
Class A Misdemeanor [Tex. Penal Code §12.21]
• Confinement in jail for a term not to exceed one year
• Fine not to exceed $4,000
• Both such fine and confinement

Class B Misdemeanor [Tex. Penal Code §12.22]

• Confinement in jail for a term not to exceed 180 days
• Fine not to exceed $2,000
• Both such fine and confinement

Class C Misdemeanor [Tex. Penal Code §12.23]

• Fine not to exceed $500

  Penal Code Offenses by Punishment Range Office of the Attorney General

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PENALTIES FOR REPEAT AND HABITUAL OFFENDERS

TEXAS PENAL CODE

Offense Grade Enhancement

All Felonies [Tex. Penal Code §12.42(d)]
If a person is on trial for any felony (except a state jail felony) and it is
shown at the trial that the person has been previously 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 by
imprisonment in the institutional division for life, or for not more than
99 years or less than 25 years.

First Degree Felony [Tex. Penal Code §12.42(c)]

If a person is on trial for a first degree felony and it is shown at the
trial that the person has once before been convicted of a felony (but
not a state jail felony), on conviction the person shall be punished by
imprisonment in the institutional division for life, or not more than 99
years or less than 15 years. In addition to imprisonment, an individual
may receive a fine not to exceed $10,000.

If a person is over the age of 18 and is on trial for a certain aggravated

sexual assault offense and it is determined that the person has
previously been convicted of certain listed violent sexual offenses, on
conviction the person shall be punished by imprisonment in the
institutional division for life without parole.

Second Degree Felony [Tex. Penal Code §12.42(b)]

If a person is on trial for a second degree felony and it is shown at the
trial that the person has once been previously convicted of a felony
(but not a state jail felony), on conviction the person shall be punished
for a first degree felony.

Third Degree Felony [Tex. Penal Code §12.42(a)(3)]

If a person is on trial for a third degree felony and it is shown at the
trial that the person has once been previously convicted of a felony
(but not a state jail felony), on conviction the person shall be punished
for a second degree felony.

State Jail Felony [Tex. Penal Code §12.425(a)]

If a person is on trial for a state jail felony and it is shown at the trial
that the person has previously been finally convicted of two state jail
felonies, on conviction the person shall be punished for a third degree
felony.

  Penal Code Offenses by Punishment Range Office of the Attorney General

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PENALTIES FOR REPEAT and HABITUAL OFFENDERS

TEXAS PENAL CODE

Offense Grade Enhancement

State Jail Felony [Tex. Penal Code §12.425(b)]
(cont.) If a person is on trial for a state jail felony and it is shown at the trial
that the person 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.

[Tex. Penal Code §12.425(c)]

If a person is on trial for a state jail felony that is punishable under
§12.35 (c) and it is shown at the trial that the person has been once
previously finally convicted of a felony [but not a state jail felony
under §12.35 (a)], on conviction the defendant shall be punished for a
second degree felony.

[Tex. Penal Code §12.35(c)]

State Jail Felony Punishment enhanced to third degree felony if:
• the person used or exhibited a deadly weapon* during the crime or
while fleeing the crime, and the person who used or exhibited the
deadly weapon or was a party to the offense knew that the deadly
weapon would be used or shown; or
• the person has previously been convicted of any felony under
§20A.03 or §21.02, or listed in Article 42A.054, Code of Criminal
Procedure** or for which the judgment contains an affirmative
finding under Article 42A.054, Code of Criminal Procedure.***

* Tex. Penal Code §1.07(a)(17): “Deadly weapon” is defined as:

(A) a firearm or anything manifestly designed, made, or adapted for the purpose of
inflicting death or serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or
serious bodily injury.

** Code of Criminal Procedure, Art. 42A.054

Tex. Penal Code §15.03, Criminal Solicitation, if punishable as a felony of the first degree
Tex. Penal Code §19.02, Murder
Tex. Penal Code §19.03, Capital Murder
Tex. Penal Code §20.04, Aggravated Kidnapping
Tex. Penal Code §20A.02, Trafficking of Persons
Tex. Penal Code §21.11(a)(1), Indecency with a Child
Tex. Penal Code §22.011, Sexual assault
Tex. Penal Code §22.021, Aggravated Sexual Assault
Tex. Penal Code §22.04, Injury to a Child, if punishable as a felony of the first degree
Tex. Penal Code §29.03, Aggravated Robbery
Tex. Penal Code §30.02, Burglary, if intent to commit listed sexual offense
Tex. Penal Code §43.05, Compelling prostitution
  Penal Code Offenses by Punishment Range Office of the Attorney General
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Tex. Penal Code §43.25, Sexual performance by a child

Tex. Health & Safety Code §481.140 or 481.134 (c), (d), (e), (f), Drug-Free Zones

*** Code of Criminal Procedure, Art. 42A.054(c)

If it was shown at the trial that a deadly weapon was used or exhibited during the
commission of a felony offense or while fleeing such a crime and the defendant used or
exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon
would be used or exhibited. If the court makes an affirmative finding, it must be entered
into the judgment. If the court makes an affirmative finding under this subdivision that the
weapon was a firearm, the court shall also enter that finding into its judgment.

Class A Misdemeanor [Tex. Penal Code §12.43(a)]

If a person is on trial for a Class A offense and it is shown that the
person has been previously convicted of any Class A misdemeanor or
any degree of felony, on conviction the defendant shall be punished
by:
• Confinement in jail for not more than one year or less than 90 days
• A fine not to exceed $4,000
• Both such fine and confinement

Class B Misdemeanor [Tex. Penal Code §12.43(b)]

If a person is on trial for a Class B offense and it is shown that the
person has been previously convicted of any Class A or a Class B
misdemeanor or any degree of felony, on conviction the defendant
shall be punished by:
• Confinement in jail for not more than 180 days or less than 30 days
• A fine not to exceed $2,000
• Both such fine and confinement

Class C Misdemeanor [Tex. Penal Code §12.43(c)]

If a person is on trial for a Class C offense under Section 42.01
(Disorderly Conduct) or 49.02 (Public Intoxication) and it is shown that
the person has been 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, on conviction the defendant shall be
punished by:
• Confinement in jail for not more than 180 days
• A fine not to exceed $2,000
• Both such fine and confinement

See also notes on enhancements for Riot (p. 55), Driving, Flying or Boating While Intoxicated
(p. 60 & 61), or weapons offenses committed within Weapon-Free School Zones (p.59).

  Penal Code Offenses by Punishment Range Office of the Attorney General

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EXCEPTIONAL SENTENCES
TEXAS PENAL CODE

Offense Grade Enhancement

Other than a First [Tex. Penal Code §12.47(a)]
Degree Felony If an affirmative finding is made that the offense was
or a Class A committed because of bias or prejudice, the punishment is
Misdemeanor increased to the punishment prescribed for the next highest
category of offense.

[Tex. Penal Code §12.49]

If an affirmative finding is made that a controlled substance was
administered or provided to the victim of any type of robbery, theft or
offense against the person, the punishment is increased to the
punishment prescribed for the next highest category of offense.

[Tex. Penal Code §12.50]

If an offense of assault, robbery, burglary or theft is committed within
an area subject to a declaration of disaster or an emergency evacuation
order, the punishment is increased to the punishment prescribed for the
next highest category of offense.

Class A Misdemeanor [Tex. Penal Code §12.50]

If an offense of assault, burglary or theft is committed within an area
subject to a declaration of disaster or an emergency evacuation order,
the minimum punishment is increased to 180 days.

  Penal Code Offenses by Punishment Range Office of the Attorney General

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CLASSIFICATION OF TITLE 4
INCHOATE OFFENSES
TEXAS PENAL CODE

Inchoate Offenses include Preparatory Offenses, Criminal Solicitation, Criminal Instruments,

and Interception of Wire or Oral Communication.

Classification Offense
Preparatory Offenses Criminal Attempt
[Tex. Penal Code Ann. §15.01]

Criminal Conspiracy
[Tex. Penal Code Ann. §15.02]

Criminal Solicitation
[Tex. Penal Code Ann. §15.03]

Criminal Solicitation of a Minor (is same category as the solicited

offense if actor is 17 years or older, a member of a criminal street
gang, and committed the offense with the intent to further the criminal
activities of the gang or to avoid detection as a member of the gang)
[Tex. Penal Code Ann. §15.031]

Continuous Sexual Abuse of Young Child or Children

[Tex. Penal Code Ann. §15.031]

Unlawful Use of Criminal Instrument or Mechanical Security Device

[Tex. Penal Code Ann. §16.01(a)(1), (c)]

Note on Punishment: Punishment for a preparatory offense is based on the intended offense
and is one category lower than the punishment for the intended offense
except as specifically noted.

Capital Felony none

First Degree Felony Criminal Solicitation of a Capital Felony

[Tex. Penal Code Ann. §15.03(a), (d)(1)]

Second Degree Felony Criminal Solicitation of a First Degree Felony

[Tex. Penal Code Ann. §15.03(a), (d)(2)]

Unlawful Interception, Use or Disclosure of a Wire, Oral or Electronic

Communications (offense inapplicable to peace officers if acting in the
course of an investigation)
[Tex. Penal Code Ann. §16.02(b), (e-1), (f)]

Third Degree Felony none

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Classification Offense
State Jail Felony Unlawful Use of Criminal Instrument or Mechanical Security Device
(A criminal instrument is an otherwise legal instrument that has been
specially designed, made or adapted to commit a crime. A mechanical
security device is a device designed or manufactured for use by a
locksmith to perform services for a customer who seeks entry to a
structure, motor vehicle, or other property.)
[Tex. Penal Code Ann. §16.01(a)(2), (c)]

Unlawful Interception, Use or Disclosure of a Wire, Oral or Electronic

Communications (offense inapplicable to peace officers if acting in the
course of an investigation)
[Tex. Penal Code Ann. §16.02(d), (e-1), (g)]

Unlawful Use of Pen Register or Trap and Trace Device

[Tex. Penal Code Ann. §16.03(a), (d)]
(Pen registers and trap and trace devices are mechanical or electronic
devices used in identifying outgoing/incoming phone numbers.)
[Tex. Code of Criminal Procedure Ann. arts. 18.20 §1(14), 18.21
§1(7)]

Unlawful Access to Stored Communications (if committed to obtain a

benefit or to harm another)
[Tex. Penal Code Ann. §16.04(b), (d)]

Illegal Divulgence of Public Communications (involving a scrambled

or encrypted radio communication)
[Tex. Penal Code Ann. §16.05(b), (d)]

Class A Misdemeanor Unlawful Access to Stored Communications (unless committed to

obtain a benefit or harm another)
[Tex. Penal Code Ann. §16.04(b), (c)]

Illegal Divulgence of Public Communications (involving non-

scrambled or non-encrypted radio communication, other than from a
public land mobile radio service or paging service)
[Tex. Penal Code Ann. §16.05(b), (e)(1)]

Unlawful Installation of Tracking Device (offense inapplicable to

peace officers if acting in the course of an investigation)
[Tex. Penal Code Ann §16.06(b), (c), (d), (e)]

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Classification Offense
Class B Misdemeanor none

Class C Misdemeanor Illegal Divulgence of Public Communications (involving non-

scrambled or non-encrypted radio communication from a public land
mobile radio service or paging service)
[Tex. Penal Code Ann. §16.05(b), (e)(2)]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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CLASSIFICATION OF TITLE 5.
OFFENSES AGAINST THE PERSON
TEXAS PENAL CODE

Offenses Against the Person include Criminal Homicide, Kidnapping and Unlawful Restraint,
Sexual Offenses and Assaultive Offenses.

Classification Offense
Capital Felony Capital Murder
[Tex. Penal Code Ann. §19.03(a), (b)]

First Degree Felony Murder (other than under immediate influence of sudden passion from
an adequate cause)
[Tex. Penal Code Ann. §19.02(b), (c)]

Trafficking of Persons (person trafficked is younger than 18 or results

in death, including the death of victim’s unborn child; knowingly, not
intentionally)
[Tex. Penal Code Ann. §20A.02(a), (b)]

Continuous Trafficking of Persons

[Tex. Penal Code Ann. §20A.03(a)-(e)]

Aggravated Kidnapping (without voluntary release of victim in a safe

place)
[Tex. Penal Code Ann. §20.04(a) - (c)]

Continuous Smuggling of Persons (if substantial likelihood that a

smuggled person would suffer serious bodily injury or death, or the
smuggled person is under 18 years of age)
[Tex. Penal Code Ann. §20.06(f)]

Continuous Smuggling of Persons (if smuggled person becomes victim

of sexual assault or aggravated sexual assault or a smuggled person
suffers serious bodily injury or death)
[Tex. Penal Code Ann. §20.06(g)]

Continuous Sexual Abuse of Young Child or Children

[Tex. Penal Code Ann. §21.02(c) (3), (4)]

Aggravated Assault (by or against a public servant, in retaliation

against a prospective witness, informant, or person reporting a crime,
against a security officer, or against a family member who suffered
serious bodily injury, or during drive-by shooting at a house, building,
or vehicle which causes serious bodily injury)
[Tex. Penal Code Ann. §22.02(a), (b), (b-3)]

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Classification Offense
First Degree Felony
(cont.) Aggravated Sexual Assault
[Tex. Penal Code Ann. §22.021(a), (c), (3), (e), (f)]

Sexual Assault (against a victim whom the actor was prohibited from
marrying or purporting to marry or with whom the actor was
prohibited from living under the appearance of being married under
the bigamy law)
[Tex. Penal Code Ann. §22.011(f)]

Injury to a Child, Elderly Individual, or Disabled Individual

(committed intentionally or knowingly)
[Tex. Penal Code Ann. §22.04(a)(1) and (2), (e)]

Tampering with Consumer Product (resulting in serious bodily injury)

[Tex. Penal Code Ann. §22.09(b), (d)]

Second Degree Felony Murder (committed under immediate influence of sudden passion from
adequate cause)
[Tex. Penal Code Ann. §19.02(b), (d)]

Manslaughter
[Tex. Penal Code Ann. §19.04]

Trafficking of Persons (for forced labor or prostitution; knowingly, not

intentionally)
[Tex. Penal Code Ann. §20A.02(a), (b)]

Aggravated Kidnapping (with voluntary release of victim in a safe

place)
[Tex. Penal Code Ann. §20.04(d)]

Smuggling of Persons (if substantial likelihood smuggled person

would suffer serious bodily injury or death, or the smuggled person is
under 18 years of age)
[Tex. Penal Code Ann. §20.05(b)(1)]

Bestiality (occurs in presence of child under 18 or causes SBI or death

of animal)
[Tex. Penal Code Ann. §21.09(b)]

Indecency with a Child (by sexual contact or by causing a child to

engage in sexual contact)
[Tex. Penal Code Ann. §21.11(a)(1), (c), (d)]

Improper Relationship between Educator and Student

[Tex. Penal Code Ann. §21.12(a), (b)]

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Classification Offense
Second Degree Felony (cont.)

Assault (by strangulation or suffocation or against a peace officer or

judge)
[Tex. Penal Code Ann. §22.01(a)(1), (b-2)]

Sexual Assault
[Tex. Penal Code Ann. §22.011(a), (f)]

Aggravated Assault (not committed by or against a public servant or in

retaliation against a prospective witness, informant, or person
reporting a crime, against a security officer, or against a family
member who suffered serious bodily injury, or in a drive-by)
[Tex. Penal Code Ann. §22.02(a), (b)]

Injury to a Child, Elderly Individual, or Disabled Individual (by

reckless conduct or if victim is disabled and institutionalized
(MH/MR), and actor is an employee providing care to the victim
[Tex. Penal Code Ann. §22.04(a)(1), (a)(3), (2)(e), (3), (4)]

Abandoning or Endangering a Child (exposure to imminent danger of

death, bodily injury, physical or mental impairment)
[Tex. Penal Code Ann. §22.041(b), (e)]

Tampering with Consumer Product (without serious bodily injury)

[Tex. Penal Code Ann. §22.09(b), (d)]

Third Degree Felony Unlawful Restraint (by reckless exposure to substantial risk of serious
bodily injury; restraint of a public servant; or while actor in custody)
[Tex. Penal Code Ann. §20.02(a), (c)(2)]

Kidnapping
[Tex. Penal Code Ann. §20.03(a), (c)]

Smuggling of Persons
[Tex. Penal Code Ann. §20.05(b)]

Indecency with a Child (by exposure or by causing child to expose

self)
[Tex. Penal Code Ann. §21.11(a)(2), (d)]

Sexual Coercion (previously convicted of Sexual Coercion)

[Tex. Penal Code Ann. §21.18(e)]

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Classification Offense
Third Degree Felony
(cont.)
Assault (against a public servant or a security officer on official duty
or a contract employee who works in a correctional or juvenile
detention facility or a civil commitment facility)
[Tex. Penal Code Ann. §22.01(a)(1), (b)(1), (b-1)]

Assault (against a family member if the defendant has been previously

convicted of an offense against a family member, including assault,
homicide, kidnapping, aggravated kidnapping, Continuous Family
Violence, and indecency with a child, or against a pregnant woman to
force an abortion)
[Tex. Penal Code Ann. §22.01(a)(1), (b), (b)(6), (f)]

For assault family violence enhancements, previous convictions

include similar out-of-state family violence convictions.
[Tex. Penal Code Ann. §22.01(f)(2)]

Injury to a Child, Elderly Individual, or Disabled Individual

(intentionally or knowingly)
[Tex. Penal Code Ann. §22.04(a)(3), (f)]

Abandoning or Endangering a Child (without intent to return for the

child)
[Tex. Penal Code Ann. §22.041(b), (d)(2)]

Deadly Conduct (discharging a firearm toward one or more people, a

habitation, building, or vehicle)
[Tex. Penal Code Ann. §22.05(b), (e), See also §22.02(b-3)]

Terroristic Threat (impairing or interrupting public services, placing

public in fear of serious bodily injury or influencing conduct or
activities of federal, state or local government)
[Tex. Penal Code Ann. §22.07(a)(4) - (6), (b)]

Tampering with Consumer Product (threatening to tamper with intent

to cause fear, affect sale of product or cause bodily injury)
[Tex. Penal Code Ann. §22.09(c), (d)]

Harassment by Persons in Certain Correctional Facilities (includes

TJJD secure correctional or detention facilities)
[Tex. Penal Code Ann. §22.11(a), (b)]

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Classification Offense
State Jail Felony Criminally Negligent Homicide
[Tex. Penal Code Ann. §19.05]

Unlawful Restraint (victim is younger than 17)

[Tex. Penal Code Ann. §20.02(a), (c)(1)]

Smuggling of Persons (if not committed for pecuniary benefit or in a

manner that creates a substantial likelihood of serious bodily injury or
death)
[Tex. Penal Code Ann. §20.05]

Bestiality
[Tex. Penal Code Ann. §21.09]

Invasive Visual Recording

[Tex. Penal Code Ann. §21.15(c)]

Unlawful Disclosure or Promotion of Intimate Visual Material

[Tex. Penal Code Ann. 21.16]

Voyeurism (if the person observed was under 14 years of age)

[Tex. Penal Code Ann. §21.17(d)]

Sexual Coercion
[Tex. Penal Code Ann. §21.18]

Injury to a Child, Elderly Individual, or Disabled Individual (by

recklessly causing bodily injury)
[Tex. Penal Code Ann. §22.04(a)(3), (f)]

Injury to a Child, Elderly Individual, or Disabled Individual (by

criminal negligence)
[Tex. Penal Code Ann. §22.04(a), (g)]

Abandoning or Endangering a Child (with intent to return for the

child)
[Tex. Penal Code Ann. §22.041(b), (d)(1)]

Abandoning or Endangering a Child (exposing a child younger than 15

to imminent danger of death, bodily injury, or physical or mental
impairment)
[Tex. Penal Code Ann. §22.041(c), (f)]

Presumption of endangerment if the person manufactured the

controlled substance methamphetamine in the presence of the child or
evidence of the presence of controlled substance in the child’s body.
[Tex. Penal Code Ann. §22.041(c-1)(3)]

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Classification Offense
State Jail Felony (cont.)

Terroristic Threat (by causing pecuniary loss of $1500 or more to

owner of a building, room, place or conveyance or peace officer or
judge)
[Tex. Penal Code Ann. §22.07(a)(3), (b), (c-1)]

Aiding Suicide (causing suicide or serious bodily injury)

[Tex. Penal Code Ann. §22.08]

Class A Misdemeanor Unlawful Restraint

[Tex. Penal Code Ann. §20.02(a), (c)]

Public Lewdness
[Tex. Penal Code Ann. §21.07]

Assault (causing bodily injury)

[Tex. Penal Code Ann. §22.01(a)(1), (b)]
 
Assault (offensive physical contact with elderly or disabled individual)
[Tex. Penal Code Ann. §22.01(a)(3), (c)(1)]

Enhancement Minimum increased if committed in Disaster/ Evacuation Area

[Tex. Penal Code Ann. §12.50]

Deadly Conduct (recklessly placing another in imminent danger of

serious bodily injury)
[Tex. Penal Code Ann. §22.05(a), (e)]

Terroristic Threat (involving family violence, against a public servant,

or against public places or forms of conveyance)
[Tex. Penal Code Ann. §22.07(a)(2) and (3), (c)]

Class B Misdemeanor Indecent Exposure

[Tex. Penal Code Ann. §21.08]

Voyeurism (if previously convicted 2 or more times under this

subsection)
[Tex. Penal Code Ann. 21.17(c)]

Assault (against a sports participant by a non-participant)

[Tex. Penal Code Ann. §22.01(a)(2) and (3), (c)(2)]

Enhancement Penalty if an assault is committed in a Disaster or Evacuation Area

[Tex. Penal Code Ann. §12.50]

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Classification Offense
Class B (cont.)
Terroristic Threat (by causing official or volunteer emergency
response or by placing any person in fear of imminent SBI)
[Tex. Penal Code Ann. §22.07(a)(1) and (2), (b)]

Class C Misdemeanor Voyeurism

[Tex. Penal Code Ann. 21.17(b)]

Assault (by threatening imminent bodily injury or by causing offensive

or provocative physical contact)
[Tex. Penal Code Ann. §22.01(a)(2) and (3), (c)]

Enhancement Penalty if an assault is committed in a Disaster or Evacuation Area

[Tex. Penal Code Ann. §12.50]

Aiding Suicide (without causing suicide or resulting in serious bodily

injury)
[Tex. Penal Code Ann. §22.08]

Leaving a Child in a Vehicle

[Tex. Penal Code Ann. §22.10]

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CLASSIFICATION OF TITLE 6.
OFFENSES AGAINST THE FAMILY
TEXAS PENAL CODE

Classification Offense
Capital Felony none

First Degree Felony Bigamy (prohibited spouse is 16 years of age or younger)

[Tex. Penal Code Ann. §25.01(e)]

Second Degree Felony Bigamy (prohibited spouse is 17 years of age)

[Tex. Penal Code Ann. §25.01(e)]

Prohibited Sexual Conduct (incest against actor’s son or daughter or

against actor’s parent)
[Tex. Penal Code Ann. §25.02(c)]

Sale or Purchase of Child (with intent to commit sexual performance

by a child under §43.25, P.C.; Trafficking of Persons under §20A.02,
P.C.; Prostitution under §43.02, P.C.; or Compelling Prostitution under
§43.05, P.C.)
[Tex. Penal Code Ann. §25.08(a), (c)]

Third Degree Felony Bigamy (without reference to age of prohibited spouse)

[Tex. Penal Code Ann. §25.01(e)]

Prohibited Sexual Conduct (incest against all other listed relationships,

including actor’s current or former step-child or step-parent)
[Tex. Penal Code §25.02(c)]

Enticing a Child (with intent to commit a felony against child)

[Tex. Penal Code §25.04]

Violation of Certain Court Orders or Conditions of Bond in a Family

Violence, Sexual Assault or Abuse, Stalking or Trafficking Case (if
previously convicted two or more times under this section or has
violated a protective order by committing assault, sexual assault,
aggravated sexual assault, the offense of stalking or trafficking)
[Tex. Penal Code Ann. §25.07(a), (g)]

Violation of Protective Order Preventing Offense Caused by Bias or

Prejudice (if previously convicted two or more times under this section
or has violated a protective order by committing an assault)
[Tex. Penal Code Ann. §25.071(a), (d)]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
Third Degree Felony Repeated Violation of Certain Court Orders or Conditions of Bond in a
(cont.) Family Violence, Sexual Assault or Abuse, Stalking or Trafficking
Case
[Tex. Penal Code Ann. §25.072 (a), (e)]

Sale or Purchase of a Child

[Tex. Penal Code §25.08(a), (c)]

Unregulated Custody Transfer of Adopted Child

[Tex. Penal Code §25.081]

Advertising for Placement of Child (if previously convicted)

[Tex. Penal Code Ann. §25.09(a), (c)]

Interference with Child Custody

[Tex. Penal Code §25.03]

Agreement to Abduct from Custody

[Tex. Penal Code Ann. §25.031]

Criminal Nonsupport
[Tex. Penal Code Ann. §25.05(a), (f)]

Interference with Rights of Guardian of the Person

[Tex. Penal Code Ann. §25.10]

Continuous Family Violence (engaging in conduct that constitutes

assault with bodily injury two or more times in twelve months, against
anyone the defendant is related to, lives with, has children with, dates,
used to date, is married to, or is divorced from)
[Tex. Penal Code Ann. §25.11]

Class A Misdemeanor Harboring a Runaway Child

[Tex. Penal Code Ann. §25.06(a), (d)]

Violation of a Protective Order or Magistrate's Order

[Tex. Penal Code Ann. §25.07(a), (g)]

Violation of Protective Order Offense Caused by Bias or Prejudice

[Tex. Penal Code Ann. §25.071(a), (d)]

Advertising for Placement of Child

[Tex. Penal Code Ann. §25.09(a), (c)]
________________________________________________________________________________
Class B Misdemeanor Enticing a Child
[Tex. Penal Code Ann. §25.04]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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CLASSIFICATION OF TITLE 7.
OFFENSES AGAINST PROPERTY
TEXAS PENAL CODE

Offenses Against Property include Arson; Criminal Mischief and Other Property Damage or
Destruction; Robbery; Burglary and Criminal Trespass; Theft; Fraud; Computer Crimes;
Telecommunications Crimes; Money Laundering and Insurance Fraud.

Classification Offense
Capital Felony none

First Degree Felony Arson (resulting in bodily injury or death or intending to damage or
destroy a habitation, or a place of assembly or worship)
[Tex. Penal Code Ann. §28.02(a), (d)]

Criminal Mischief (pecuniary loss of $300,000 or more, or if property

is livestock and damage is caused by introducing mad cow disease or
another disease described by Section 161.041(a) Agriculture Code)
[Tex. Penal Code Ann. §28.03(a), (b)(7), (I)]

Interference with Railroad Property (pecuniary loss of $300,000 or

more)
[Tex. Penal Code Ann. §28.07(b), (e)(6)]

Graffiti (pecuniary loss of $300,000 or more; can involve any type of

paint, not just aerosol)
[Tex. Penal Code Ann. §28.08(a), (b)(6)]

Aggravated Robbery
[Tex. Penal Code Ann. §29.03]

Burglary (of a habitation with intent to commit a felony other than

felony theft)
[Tex. Penal Code Ann. §30.02(a), (d)]

Theft (property value of $300,000 or more; or $150,000 or more but

less than $300,000, or less than $300,000 and the property stolen is an
ATM or the contents or components of an ATM, and the actor was a
public servant at the time of the offense, and the property came into the
actor’s possession, custody, or control by virtue of his or her status
as a public servant; or the actor was in a contractual relationship with a
governmental body at time of offense and the property came into the
actor’s possession, custody, or control by virtue of the contractual
relationship; or the owner of the appropriated property was an elderly
individual or a nonprofit organization; or the actor was a Medicare
provider in a contractual relationship with the federal government at
the time of the offense and the property appropriated came into the
actor’s custody, possession, or control by virtue of the contractual

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
First Degree Felony relationship; or during the commission of the offense the actor
(cont.) intentionally, knowingly, or recklessly caused a fire exit alarm to
sound or become activated, deactivated or otherwise prevented a fire
exit alarm or retail theft detector from sounding, or used a shielding or
deactivation instrument to prevent or attempt to prevent detection of
the offense by a retail theft detector.)
[Tex. Penal Code Ann. §31.03(a), (e)(6), (e)(7), (f)]

Theft of Service (value of service stolen is $300,000 or more)

[Tex. Penal Code Ann. §31.04(a), (e)(7)]

Trademark Counterfeiting (retail value of item or service is $300,000

or more)
[Tex. Penal Code Ann. §32.23(b), (e)(7)]

False Statement to Obtain Property or Credit (value of property or

amount of credit is $300,000 or more; (Includes mortgages and
property appraisal fraud)
[Tex. Penal Code Ann. §32.32(b), (b-1), (c)(7), (d), (e)]

Hindering Secured Creditors (value of property or proceeds is

$300,000 or more)
[Tex. Penal Code Ann. §32.33(b), (d)(7), (e)(7)]

Fraudulent Transfer of a Motor Vehicle (value of vehicle is more than

$300,000)
[Tex. Penal Code Ann. §32.34(b)(1)-(3), (f)(4)]

Credit Card Transaction Record Laundering (record of sale is

$300,000 or more)
[Tex. Penal Code Ann. §32.35(b), (c), (e)(7)]

Illegal Recruitment of an Athlete (value of benefit is $300,000 or

more)
[Tex. Penal Code Ann. §32.441(a), (b), (e)(7)]

Misapplication of Fiduciary Property or Property of Financial

Institution (value of property misapplied is $300,000 or more; or
$150,000 or more but less than $300,000 if committed against an
elderly individual)
[Tex. Penal Code Ann. §32.45(b), (c)(7), (d)]

Securing Execution of Document by Deception (value of property,

service or pecuniary interest is $300,000 or more; or $150,000 or more
but less than $300,000 if committed against an elderly individual)
[Tex. Penal Code Ann. §32.46(a)(1), (b)(7), (c-1)]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
First Degree Felony Breach of Computer Security (aggregate amount involved is $300,000
(cont.) or more, or the actor obtains the identifying information of another by
accessing more than one computer, computer network, or computer
system)
[Tex. Penal Code Ann. §33.02(b-1), (b-2)(4)]

Electronic Data Tampering (if aggregate amount is $300,000 or more)

[Tex. Penal Code Ann. §33.023]

Unlawful Decryption (if aggregate amount is $300,000 or more)

[Tex. Penal Code Ann. §33.024]

Tampering with Direct Recording Electronic Voting Machine

[Tex. Penal Code Ann. §33.025]

Unauthorized Use of Telecommunications Service (value of service

used or diverted is $200,000 or more)
[Tex. Penal Code Ann. §33A.02(a), (b)(6)]

Theft of Telecommunications Service (value of service obtained or

attempted to be obtained is $200,000 or more)
[Tex. Penal Code Ann. §33A.04(a), (b)(6)]

Money Laundering (value of funds is $300,000 or more)

[Tex. Penal Code Ann. §34.02(a), (e)(3)]

Insurance Fraud (value of claim is $300,000 or more; or value of claim

is less than $300,000 and commission of offense placed someone at
risk of death or serious bodily injury)
[Tex. Penal Code Ann. §35.02(a), (b), (d)(7)]

Second Degree Felony Arson (not resulting in bodily injury or death or property intended to
be damaged or destroyed is not a habitation or a place of assembly or
worship)
[Tex. Penal Code Ann. §28.02(a), (d)]

Criminal Mischief (pecuniary loss of $150,000 or more but less than

$300,000)
[Tex. Penal Code Ann. §28.03(a), (b)(6)]

Interference with Railroad Property (pecuniary loss of $150,000 or

more but less than $300,000)
[Tex. Penal Code Ann. §28.07(b), (e)(5)]

Graffiti (pecuniary loss of $150,000 or more but less than $300,000;

can involve any type of paint, not just aerosol)
[Tex. Penal Code Ann. §28.08(a), (b)(5)]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
Second Degree Felony
(cont.)
Robbery
[Tex. Penal Code Ann. §29.02]

Enhancement Penalty if a robbery is committed in a Disaster or Evacuation Area

[Tex. Penal Code Ann. §12.50]

Burglary (of a habitation)

[Tex. Penal Code Ann. §30.02(a), (c)(2)]

Enhancement Penalty if a burglary is committed in a Disaster or Evacuation Area

[Tex. Penal Code Ann. §12.50]

Theft (value of property is $150,000 or more but less than $300,000, or

less than $300,000 and the property stolen is an ATM or the
contents or components of an ATM; or value of property is $30,000 or
more but less than $150,000, and the actor was a public servant at the
time of the offense and the property came into the actor’s possession,
custody, or control by virtue of his or her status as a public servant; or
the actor was in a contractual relationship with a governmental body at
time of offense and the property came into the actor’s possession,
custody, or control by virtue of the contractual relationship; or the
owner of the appropriated property was an elderly individual or a
nonprofit organization; or the actor was a Medicare provider in a
contractual relationship with the federal government at the time of the
offense and the property appropriated came into the actor’s custody,
possession, or control by virtue of the contractual relationship; or
during the commission of the offense the actor intentionally,
knowingly, or recklessly caused a fire exit alarm to sound or become
activated, deactivated or otherwise prevented a fire exit alarm or retail
theft detector from sounding, or used a shielding or deactivation
instrument to prevent or attempt to prevent detection of the offense by
a retail theft detector.)
[Tex. Penal Code Ann. §31.03(a), (e)(6), (f)]

Enhancement Penalty if a theft is committed in a Disaster or Evacuation Area

[Tex. Penal Code Ann. §12.50]

Enhancement Increase in offense level by one if theft is from a nonprofit or theft is

by a Medicare provider
[Tex. Penal Code Ann §31.03(f)]

Theft of Service (value of service stolen is $150,000 or more but less

than $300,000)
[Tex. Penal Code Ann. §31.04(a), (e)(6)]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
Second Degree Felony
(cont.) Trademark Counterfeiting (retail value of item or service is $150,000
or more but less than $300,000)
[Tex. Penal Code Ann. §32.23(b), (e)(6)]

False Statement to Obtain Property or Credit (value of property or

amount of credit is $150,000 or more but less than $300,000, includes
mortgages and property appraisal fraud)
[Tex. Penal Code Ann. §32.32(b), (b-1), (c)(6), (d), (e)]

Hindering Secured Creditors (value of property or proceeds is

$150,000 or more but less than $300,000)
[Tex. Penal Code Ann. §32.33(b), (d)(6), (e)(6)]

Fraudulent Transfer of a Motor Vehicle (value of vehicle is $150,000

or more but less than $300,000)
[Tex. Penal Code Ann. §32.34(b)(1)-(3), (f)(3)]

Credit Card Transaction Record Laundering (record of sale is

$150,000 or more but less than $300,000)
[Tex. Penal Code Ann. §32.35(b), (c), (e)(6)]

Illegal Recruitment of an Athlete (value of benefit is $150,000 or more

but less than $300,000)
[Tex. Penal Code Ann. §32.441(a), (b), (e)(6)]

Misapplication of Fiduciary Property or Property of Financial

Institution (value of property is $150,000 or more but less than
$300,000; or value of property is $30,000 or more but less than
$150,000 if committed against an elderly individual)
[Tex. Penal Code Ann. §32.45(b), (c)(6), (d)]

Securing Execution of Document by Deception (value of property,

service or pecuniary interest is $150,000 or more but less than
$300,000; or value of property is $30,000 or more but less than
$150,000 if committed against an elderly individual) If the offense
involves the state Medicaid program the offense is treated as a First
Degree Felony.
[Tex. Penal Code Ann. §32.46(a)(1), (b)(6), (c-1)]

Breach of Computer Security (aggregate amount involved is $150,000

or more but less than $300,000; the aggregate amount involved is any
amount less than $300,000 and the computer, network, or computer
system is owned by the government or a critical infrastructure facility;
or the actor obtains the identifying information of another by accessing
only one computer, computer network, or computer system)
[Tex. Penal Code Ann. §33.02(b-1), (b-2)(3)]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
Second Degree Felony (cont.)
Online Solicitation of a Minor (against a victim or purported victim
under 14 years of age)
[Tex. Penal Code Ann. §33.021(f)]
 
Electronic Data Tampering (if aggregate amount is $150,000 or more
but less than $300,000)
[Tex. Penal Code Ann. §33.023]

Unlawful Decryption (if aggregate amount is $150,000 or more but

less than $300,000)
[Tex. Penal Code Ann. §33.024]

Unauthorized Use of Telecommunications Service (value of service

used or diverted is $100,000 or more but less than $200,000)
[Tex. Penal Code Ann. §33A.02(a), (b)(5)]

Theft of Telecommunications Service (value of service obtained or

attempted to be obtained is $100,000 or more but less than $200,000)
[Tex. Penal Code Ann. §33A.04(a), (b)(5)]

Money Laundering (value of funds is $150,000 or more but less than

$300,000)
[Tex. Penal Code Ann. §34.02(a), (e)(2)]

Insurance Fraud (value of claim is $150,000 or more but less than

$300,000)
[Tex. Penal Code Ann. §35.02(a), (b), (d)(6)]
________________________________________________________________________
Third Degree Felony Arson (recklessly causes fire or explosion while manufacturing or
attempting to manufacture a controlled substance and the fire or
explosion damages any building, habitation or vehicle and bodily injury
or death was suffered by any person)
[Tex. Penal Code Ann. §28.03(a-1), (e)]

Criminal Mischief (pecuniary loss of $30,000 or more but less than

$150,000)
[Tex. Penal Code Ann. §28.03(a), (b)(5)]

Criminal Mischief to damage, destroy, or tamper with transportation

communications equipment or related devices if the amount is less
than $150,000. This section includes traffic control devices and
signals.
[Tex. Penal Code Ann. §28.03(j)]

Interference with Railroad Property (causing bodily injury or

pecuniary loss of $30,000 or more but less than $150,000)
[Tex. Penal Code Ann. §28.07(b), (c), (e)(4)]
  Penal Code Offenses by Punishment Range Office of the Attorney General
24
 

Classification Offense
Third Degree Felony
  (cont.) Graffiti (pecuniary loss of $30,000 or more but less than $150,000; can
involve any type of paint, not just aerosol)
[Tex. Penal Code Ann. §28.08(a), (b)(4)]

Burglary (of building where controlled substance is stored)

[Tex. Penal Code Ann. §30.02(c-1)

Burglary of a Vehicle (if owned or operated by distributor of prescription

drugs)
[Tex. Penal Code Ann. §30.04(d)(3)]

Theft (property is $30,000 or more but less than $150,000; or property

includes certain animals and was stolen during a single transaction
with an aggregate value of less than $150,000; or the property includes
any number of cattle, horses, livestock, or exotic fowl with an
aggregate value of less than $150,000; or the property includes more
than 10 head of sheep, goats, or swine with an aggregate value of less
than $150,000; or the value is $2,500 or more but less than $30,000 or
includes certain animals with an aggregate value of less than
$30,000; or regardless of value property is stolen from a corpse or
grave; is a firearm or official election material; or the property stolen
is less than $2,500 and the defendant has been previously convicted
two or more times of any grade of theft; or the property is less than
$20,000 and the property is aluminum, bronze, copper, or brass, and
the actor was a public servant at the time of the offense and the
property came into the actor’s possession, custody, or control by
virtue of the status as a public servant; or the actor was in a
contractual relationship with a governmental body and the property
came into the actor’s possession, custody, or control by virtue of the
contractual relationship; or the owner was an elderly individual or a
nonprofit organization; or the actor was a Medicare provider in a
contractual relationship with the federal government and the property
appropriated came into the actor’s custody, possession, or control by
virtue of the contractual relationship; the actor intentionally,
knowingly, or recklessly caused a fire alarm to sound or become
activated, deactivated or otherwise prevented a fire alarm or retail theft
detector from sounding, or used a shielding or deactivation instrument
to prevent or attempt to prevent detection by a retail theft detector; or a
controlled substance is stolen from a commercial building.)
[Tex. Penal Code Ann. §31.03(a), (e), (e)(5), (f)]

Enhancement Penalty increased if committed in a Disaster or Evacuation Area

[Tex. Penal Code Ann. §12.50]

Enhancement If theft is from a nonprofit or by a Medicare provider

[Tex. Penal Code Ann §31.03(f)]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
Third Degree Felony
(cont.)
Theft of Service (service is $30,000 or more but less than $150,000)
[Tex. Penal Code Ann. §31.04(a), (e)(5)]

Theft of Trade Secrets

[Tex. Penal Code Ann. §31.05]

Forgery (involving money, securities, postage, revenue stamps, or

certain government records)
[Tex. Penal Code Ann. §32.21(b), (e)]

Exploitation of Child, Elderly Individual or Disabled Individual

(intentionally, knowingly or recklessly causing the exploitation of one
of the protected class of individuals regardless of monetary value)
[Tex. Penal Code Ann. §32.53]

Enhancement Offense level increased by one if forgery is against the elderly

[Tex. Penal Code Ann. §32.21(c), (e-1)]

Trademark Counterfeiting (retail value of item or service is $30,000 or

more but less than $150,000)
[Tex. Penal Code Ann. §32.23(b), (e)(5)]

False Statement to Obtain Property or Credit (value of property or

amount of credit is $30,000 or more but less than $150,000, including
mortgages and property appraisal fraud)
[Tex. Penal Code Ann. §32.32(b), (c)(5)]

Hindering Secured Creditors (value of property is $30,000 or more but

less than $150,000)
[Tex. Penal Code Ann. §32.33(b), (d)(5), (e)(5)]

Fraudulent Transfer of a Motor Vehicle (value of vehicle is $30,000 or

more but less than $150,000)
[Tex. Penal Code Ann. §32.34(b)(1)-(3), (f)(2)]

Credit Card Transaction Record Laundering (amount of record of sale

is $30,000 or more but less than $150,000)
[Tex. Penal Code Ann. §32.35(b), (c), (e)(5)]

Illegal Recruitment of an Athlete (value of benefit is $30,000 or more

but less than $150,000)
[Tex. Penal Code Ann. §32.441(a), (b), (e)(5)]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
Third Degree Felony
(cont.)
Misapplication of Fiduciary Property or Property of Financial
Institution (value of property misapplied is $30,000 or more but less
than $150,000; or $2,500 or more but less than $30,000 if committed
against an elderly individual)
[Tex. Penal Code Ann. §32.45(b), (c)(5), (d)]

Securing Execution of Document by Deception (value of property,

service or pecuniary interest is $30,000 or more but less than
$150,000; or $2,500 or more but less than $30,000 if committed
against an elderly individual; or the defendant causes or induces a
public servant to file or record any purported judgment or other
document purporting to memorialize or evidence an act, an order, a
directive, or process of a purported court or other judicial entity that is
not expressly created or established under the constitution or the laws
of this state or of the United States or any judicial officer of such a
court or entity). If the offense involves the state Medicaid program, the
offense is treated as a Second Degree Felony.
[Tex. Penal Code Ann. §32.46(a), (b)(5), (c-1)]

Breach of Computer Security (aggregate amount involved is $30,000

or more but less than $150,000)
[Tex. Penal Code Ann. §33.02(b-1), (b-2)(2)]

Online Solicitation of a Minor (arranging to meet a victim who is 14

years or older)
[Tex. Penal Code Ann. §33.021(f)]

Electronic Access Interference

[Tex. Penal Code Ann. §33.022]

Electronic Data Tampering (if aggregate amount is $30,000 or more but

less than $150,000)
[Tex. Penal Code Ann. §33.023]

Unlawful Decryption (if aggregate amount is $30,000 or more but

less than $150,000)
[Tex. Penal Code Ann. §33.024]

Online Impersonation (if with intent to harm, defraud, intimidate, or

threaten any person, a person uses the name or persona of another
person to create a web page or message on a social networking site or
commercial social networking site or other internet site, without the
consent of the named person
[Tex. Penal Code Ann. §33.07(a)]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
Third Degree Felony (cont.)

Enhancement Online Impersonation (if without consent, with intent to make the
recipient believe that the indicated person sent the message and with
intent to harm or defraud any person, a person sends an electronic
message directly to a recipient while using the identifying information
of another person; penalty increased to third degree if message was
sent with intent to solicit a response by emergency personnel).
[Tex. Penal Code Ann. §33.07(b), (c)]

Unauthorized Use of Telecommunications Service (value of service

used or diverted is $20,000 or more but less than $100,000)
[Tex. Penal Code Ann. §33A.02(a), (b)(4)]

Manufacture, Possession, or Delivery of Unlawful Telecommunications

Device
[Tex. Penal Code Ann. §33A.03(a) - (c)]

Theft of Telecommunications Service (value of service obtained or

attempted to be obtained is $20,000 or more but less than $100,000)
[Tex. Penal Code Ann. §33A.04(a), (b)(4)]

Publication of Telecommunications Access Device (if previously

convicted under this chapter)
[Tex. Penal Code Ann. §33A.05]

Money Laundering (value of funds is $30,000 or more but less than

$150,000)
[Tex. Penal Code Ann. §34.02(a), (e)(1)]

Insurance Fraud (value of claim is $30,000 or more but less than

$150,000)
[Tex. Penal Code Ann. §35.02(a), (b), (d)(5)]

State Jail Felony Arson (recklessly start fire or cause explosion while manufacturing a
controlled substance and the fire or explosion damages any building,
habitation or vehicle; start a fire or cause an explosion, thereby
recklessly causing damage to a building or harm to a person)
[Tex. Penal Code Ann. §28.02(a-1)]

Criminal Mischief (loss of $2,500 or more but less than $30,000; or less
than $2,500, if the property damaged or destroyed was a habitation and
the damage or destruction was caused by a firearm or explosive weapon;
or less than $2,500, if the property was a fence used for the production
or containment of certain animals; or damage or destruction to place of
worship, human burial, public monument or community center and loss
is at least $750 but less than $30,000; or pecuniary loss to real or

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
State Jail Felony (cont.)
tangible personal property is at least $750 or more but less than
$30,000 and damage or destruction is on a public or private school; or
less than $2,500 if diverts, interrupts, or impairs public services
(communications, transport, gas, power))
[Tex. Penal Code Ann. §28.03(a), (b), (b)(4), (f), (h)]

Interference with Railroad Property (pecuniary loss of $2,500 or more

but less than $30,000)
[Tex. Penal Code Ann. §28.07(b), (e)(3)]

Graffiti (pecuniary loss of $2,500 or more but less than $30,000; or the
marking was made on a school, a place of worship or human burial, a
public monument, or a community center that provides medical, social
or educational programs and the loss is at least $750; can involve any
type of paint, not just aerosol)
[Tex. Penal Code Ann. §28.08(a), (b)(3), (d)]

Burglary (building other than a habitation)

[Tex. Penal Code Ann. § 30.02(a), (c)(1)]

Enhancement Penalty if a burglary is committed in a Disaster or Evacuation Area

[Tex. Penal Code Ann. §12.50]

Burglary of Vehicles (involving a rail car)

[Tex. Penal Code Ann. §30.04(a), (d)]

Theft (value of property is $2,500 or more but less than $30,000; or

property involves certain animals under the value of $30,000; or
property involves less than 10 head of sheep, goats, or swine; or
regardless of value property was a firearm, official ballot or official
carrier envelope for an election, military grave marker, or was stolen
from a corpse or grave; or the value is less than $2,500 and the actor
has previously been convicted two or more times of any theft; or value
of the property is less than $20,000 and the property stolen is
aluminum, bronze, copper or brass; or value of property is $750 or
more but less than $2,500, and the actor was a public servant at the
time of the offense and the property came into the actor’s possession,
custody, or control by virtue of his or her status as a public servant; or
the actor was in a contractual relationship with a governmental body at
time of offense and the property came into the actor’s possession,
custody, or control by virtue of the contractual relationship; or the
owner of the appropriated property was an elderly individual or a
nonprofit organization; or the actor was a Medicare provider in a
contractual relationship with the federal government at the time of the
offense and the property appropriated came into the actor’s custody,
possession, or control by virtue of the contractual relationship; or
  Penal Code Offenses by Punishment Range Office of the Attorney General
29
 

Classification Offense
State Jail Felony
(cont.)
during the commission of the offense the actor intentionally,
knowingly, or recklessly caused a fire exit alarm to sound or become
activated, deactivated or otherwise prevented a fire exit alarm or retail
theft detector from sounding, or used a shielding or deactivation
instrument to prevent or attempt to prevent detection of the offense by
a retail theft detector.)
[Tex. Penal Code Ann. §31.03(a), (e), (e)(4), (f)]

Enhancement Penalty if a theft is committed in a Disaster or Evacuation Area

[Tex. Penal Code Ann. §12.50]

Enhancement Increase in offense level by one if theft is from a nonprofit or theft is

by a Medicare provider.
[Tex. Penal Code Ann §31.03(f)]

Theft (of aluminum, bronze, or copper wire, cable, tubing, rods, or

water gate stems if the value of the stolen property is any amount less
than $20,000.00)
[Tex. Penal Code Ann. §31.03(e)]

Theft (of the organization, promotion, or facilitation or theft of retail

merchandise, if the merchandise has a total value of at least $2,500)
[Tex. Penal Code Ann. §31.16]

Theft of Service (value of service stolen is $2,500 or more but less

than $30,000)
[Tex. Penal Code Ann. §31.04(a), (e)(4)]

Unauthorized Use of a Vehicle

[Tex. Penal Code Ann. §31.07]

Forgery (involving a will, codicil, deed, deed of trust, mortgage,

security investment, credit card, check, debit authorization or other
commercial instrument)
[Tex. Penal Code Ann. §32.21(b), (d)]

Enhancement Offense level increased by one if forgery is against the elderly

[Tex. Penal Code Ann. §32.21(c), (e1)]

Trademark Counterfeiting (retail value of item or service is $2,500 or

more but less than $30,000)
[Tex. Penal Code Ann. §32.23(b), (e)(4)]

Credit Card or Debit Card Abuse

[Tex. Penal Code Ann. §32.31]
  Penal Code Offenses by Punishment Range Office of the Attorney General
30
 

Classification Offense
State Jail Felony
(cont.)

Enhancement Offense level increased by one if credit card or debit card abuse is
against the elderly
[Tex. Penal Code Ann. §32.31(d)]

False Statement to Obtain Property or Credit (value of property or

amount of credit is $2,500 or more but less than $30,000 including
mortgages and property appraisal fraud)
[Tex. Penal Code Ann. §32.32(b), (b-1), (c)(4), (d), (e)]

Hindering Secured Creditors (value of property or proceeds is $2,500

or more but less than $30,000)
[Tex. Penal Code Ann. §32.33(b), (d)(4), (e)(4)]

Fraudulent Transfer of a Motor Vehicle (value of vehicle is less than

$30,000)
[Tex. Penal Code Ann. §32.34(b)(1)-(3), (f)(1)]

Credit Card Transaction Record Laundering (amount of record of sale

is $2,500 or more but less than $30,000)
[Tex. Penal Code Ann. §32.35(b), (c), (e)(4)]

Commercial Bribery
[Tex. Penal Code Ann. §32.43]

Illegal Recruitment of an Athlete (value of benefit is $2,500 or more

but less than $30,000)
[Tex. Penal Code Ann. §32.441(a), (b), (e)(4)]

Misapplication of Fiduciary Property or Property of Financial

Institution (value of property misapplied is $2,500 or more but less
than $30,000; or $750 or more but less than $2,500 if committed
against an elderly individual)
[Tex. Penal Code Ann. §32.45(b), (c)(4), (d)]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
State Jail Felony Securing Execution of Document by Deception (value of property,
(cont.) service or pecuniary interest is $2,500 or more but less than $30,000;
or $750 or more but less than $2,500 if committed against an elderly
individual; or the defendant causes or induces a public servant to file
or record any purported judgment or other document purporting to
memorialize or evidence an act, an order, a directive, or process of a
purported court or other judicial entity that is not expressly created or
established under the constitution or the laws of this state or of the
United States or any judicial officer of such a court or entity) If the
offense involves the state Medicaid program the offense is treated as a
Third Degree Felony.
[Tex. Penal Code Ann. §32.46(a), (b)(4), (c), (c-1)]

Fraudulent Destruction, Removal, or Concealment of Writing (wills,

deeds or certain secured transactions)
[Tex. Penal Code Ann. §32.47(a), (d)]

Simulating Legal Process (if previously convicted under this section)

[Tex. Penal code Ann. §32.48(a), (f)]

Fraudulent Use or Possession of Identifying Information

[Tex. Penal Code Ann. §32.51(b), (c)]

Enhancement Offense level increased by one if offense is against the elderly

[Tex. Penal Code Ann. §32.51(c)(1)]

Breach of Computer Security (if the person knowingly accesses a

computer, network or system without consent of the owner and
defendant has been previously convicted two or more times under this
chapter, or the computer, network or system is owned by the
government or a critical infrastructure facility; or if the person, with
intent to defraud or harm another or alter, damage, or delete property,
knowingly accesses a computer, network, or system without consent of
the owner and the aggregate amount involved is less than $30,000)
[Tex. Penal Code Ann. §33.02(a), (b), (b-1), (b-2)(1)]

Online Solicitation of a Minor (against a victim or purported victim

who is 14 years or older)
[Tex. Penal Code Ann. §33.021(f)]

Electronic Data Tampering (if aggregate amount is $2,500 or more but

less than $30,000)
[Tex. Penal Code Ann. §33.023]

Unlawful Decryption (if aggregate amount is $2,500 or more but

less than $30,000)
[Tex. Penal Code Ann. §33.024]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
State Jail Felony(cont.)
Unauthorized Use of Telecommunications Service (value of service
used or diverted is $1,500 or more but less than $20,000, or less than
$1,500 and the defendant has previously been convicted two or more
times of a computer crime)
[Tex. Penal Code Ann. §33A.02(a), (b)(3)]

Theft of Telecommunications Service (value of service obtained is

$1,500 or more but less than $20,000, or less than $1,500 and the
defendant has previously been convicted two or more times of a
telecommunications crime)
[Tex. Penal Code Ann. §33A.04(a), (b)(3)]

Insurance Fraud (value of claim is $2,500 or more but less than

$30,000)
[Tex. Penal Code Ann. §35.02(a), (b), (d)(4)]

Class A Misdemeanor Criminal Mischief (pecuniary loss is $750 or more but less than
$2,500; or regardless of value if actor impairs or interrupts any public
water supply)
[Tex. Penal Code Ann. §28.03(a), (b)(3)]

Interference with Railroad Property (pecuniary loss of $750 or more

but less than $2,500)
[Tex. Penal Code Ann. §28.07(b), (e)(2)]

Graffiti (pecuniary loss of $750 or more but less than $2,500; can
involve any type of paint, not just aerosol)
[Tex. Penal Code Ann. §28.08(a), (b)(2)]

Burglary of Coin-Operated or Coin-Collection Machines

[Tex. Penal Code Ann. §30.03]

Burglary of Vehicles (if not a rail car) (one previous conviction under
this section makes the offense a Class A misdemeanor with a
minimum term of confinement of six months and two or more
previous convictions under this section make the offense a state jail
felony)
[Tex. Penal Code Ann. §30.04(a), (d)]

Enhancement Penalty if a burglary is committed in a Disaster or Evacuation Area

[Tex. Penal Code Ann. §12.50]

Criminal Trespass (in a habitation, residential land, agricultural land,

RV parks, buildings, aircraft, other vehicle, a shelter center, or on a
Superfund site, or while carrying a deadly weapon)
[Tex. Penal Code Ann. §30.05(a), (d), (e)]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
Class A Misdemeanor (cont.)

Trespass by Holder of License to Carry Concealed Handgun (if

personally given oral notice and fails to depart)
[Tex. Penal Code Ann. §30.06]

Theft (value of property is $750 or more but less than $2,500; or value
is $100 or more but less than $750, or $100 or more but less than $750
and knowingly used a hot check, or less than $100 by hot check and
previous theft conviction or property is a driver’s license, commercial
driver’s license or personal ID certificate issued by this state or
another, and the actor was a public servant at the time of the offense
and the property came into the actor’s possession, custody, or control
by virtue of his or her status as a public servant; or the actor was in a
contractual relationship with a governmental body at time of offense
and the property came into the actor’s possession, custody, or control
by virtue of the contractual relationship; or the owner of the
appropriated property was an elderly individual or a nonprofit
organization; or the actor was a Medicare provider in a contractual
relationship with the federal government at the time of the offense and
the property appropriated came into the actor’s custody, possession, or
control by virtue of the contractual relationship; or during the
commission of the offense the actor intentionally, knowingly, or
recklessly caused a fire alarm to sound or become activated,
deactivated or otherwise prevented a fire alarm or theft detector from
sounding, or used a shielding or deactivation instrument to prevent or
attempt to prevent detection of the offense by a theft detector.)
[Tex. Penal Code Ann. §31.03(a), (e)(3), (f)]

Enhancement Penalty if a theft is committed in a Disaster or Evacuation Area

[Tex. Penal Code Ann. §12.50]

Enhancement Increase in offense level by one if theft is from a nonprofit or theft is

by a Medicare provider.
[Tex. Penal Code Ann §31.03(f)]

Theft of Service (value of service stolen is $750 or more but less than
$2,500)
[Tex. Penal Code Ann. §31.04(a), (e)(3)]

Tampering with Identification Numbers

[Tex. Penal Code Ann. §31.11]

Theft of or Tampering with Multichannel Video Information Services

(if committed for remuneration or if previously convicted two or more
times under this section)
[Tex. Penal Code Ann. §31.12(a), (d)]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
Class A Misdemeanor
(cont.) Manufacture, Distribution, or Advertisement of Multichannel Video
[Tex. Penal Code Ann. §31.13]

Sale or Lease of Multichannel Video or Information Services Device

[Tex. Penal Code Ann. §31.14]

Possession, Manufacture, or Distribution of Certain Instruments Used

to Commit Retail Theft
[Tex. Penal Code Ann. §31.15]

Unauthorized Transfer of Certain Financial Information

(knowing that the actor is not entitled to obtain or possess financial
information, obtain financial information as detailed and transfer that
financial information to a third party)
[Tex. Penal Code Ann. §31.17(b)(2)]

Forgery (other than purported will, codicil, deed, or other commercial

instruments, including money, securities or government record)
[Tex. Penal Code Ann. §32.21(b), (c)]

Enhancement Offense level increased by one if forgery is against the elderly

[Tex. Penal Code Ann. §32.21(c), (e1)]

Criminal Simulation
[Tex. Penal Code Ann. §32.22]

Trademark Counterfeiting (retail value of item or service is $750 or

more but less than $2,500)
[Tex. Penal Code Ann. §32.23(b), (e)(3)]

Stealing or Receiving Stolen Check or Similar Sight Order

[Tex. Penal Code Ann. §32.24]

False Statement to Obtain Property or Credit (value of property or

amount of credit is $750 or more but less than $2,500; includes
property appraisal fraud)
[Tex. Penal Code Ann. §32.32(b), (b-1), (c)(3)]

Hindering Secured Creditors (value of property is $750 or more but

less than $2,500)
[Tex. Penal Code Ann. §32.33(b), (d)(3), (e)(3)]

Fraudulent Transfer of a Motor Vehicle (failure to disclose location of

vehicle)
[Tex. Penal Code Ann. §32.34(b)(4), (g)]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
Class A Misdemeanor Credit Card Transaction Record Laundering (value of property is $750
(cont.) or more but less than $2,500)
[Tex. Penal Code Ann. §32.35(b), (c), (e)(3)]

Deceptive Business Practices (certain acts intentionally, knowingly or

recklessly committed; or if previously convicted for Class B or C
misdemeanor under this section)
[Tex. Penal Code Ann. §32.42(b), (c)(2), (d)]

Rigging Publicly Exhibited Contest

[Tex. Penal Code Ann. §32.44]

Illegal Recruitment of an Athlete (value of benefit is $750 or more but

less than $2,500)
[Tex. Penal Code Ann. §32.441(a), (b), (e)(3)]

Misapplication of Fiduciary Property or Property of Financial

Institution (value of property misapplied is $750 or more but less than
$2,500; or $100 or more but less than $750 if committed against an
elderly individual)
[Tex. Penal Code Ann. §32.45(b), (c)(3), (d)]

Securing Execution of Document by Deception (value of property,

service or pecuniary interest is $750 or more but less than $2,500; or
$100 or more but less than $750 if committed against an elderly
individual). If the offense involves the state Medicaid program, the
offense is treated as a State Jail Felony.
[Tex. Penal Code Ann. §32.46(a)(1), (b)(3), (c-1)]

Fraudulent Destruction, Removal, or Concealment of Writing (other

than wills, deeds or certain secured transactions)
[Tex. Penal Code Ann. §32.47(a), (c)]

Simulating Legal Process

[Tex. Penal Code Ann. §32.48(a), (e)]

Refusal to Execute Release of Fraudulent Lien or Claim

[Tex. Penal Code Ann. §32.49(a), (c)]
 
Electronic Data Tampering (if amount is $750 or more but less than
$2,500)
[Tex. Penal Code Ann. §33.023]
 
Unlawful Decryption (if amount is $750 or more but less than $2,500)
[Tex. Penal Code Ann. §33.024]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
Class A Misdemeanor Online Impersonation (a new offense if without consent, with intent to
(cont.) make the recipient believe that the indicated person sent the message
and with intent to harm or defraud any person, a person sends an
electronic message, instant message, text message, or similar
communication directly to a recipient while using the identifying
information of another person).
[Tex. Penal Code Ann. §33.07(b)]

Enhancement Penalty increased to third degree if message was sent with intent to
solicit a response by emergency personnel.
[Tex. Penal Code Ann. §33.07(b)]

Unauthorized Use of Telecommunications Service (value of service

used or diverted is $500 or more but less than $1,500, or less than
$500 and previously convicted of a telecommunications crime)
[Tex. Penal Code Ann. §33A.02(a), (b)(2)]

Theft of Telecommunications Service (value of service obtained or

attempted to be obtained is $500 or more but less than $1,500, or less
than $500 and has previously been convicted of a telecommunications
crime)
[Tex. Penal Code Ann. §33A.04(a), (b)(2)]

Publication of Telecommunications Access Device

[Tex. Penal Code Ann. §33A.05]

Insurance Fraud (value of claim is $750 or more but less than $2,500)
[Tex. Penal Code Ann. §35.02(a), (b), (d)(3)]

Class B Misdemeanor Criminal Mischief (pecuniary loss is $100 or more but less than $750)
[Tex. Penal Code Ann. §28.03(a), (b)(2)]

Interference with Railroad Property (pecuniary loss is $100 or more

but less than $750 or throwing an object or discharging a firearm or
weapon at a train)
[Tex. Penal Code Ann. §28.07(b)(1), (c), (e)(1)]

Graffiti (pecuniary loss is $100 or more but less than $750; can
involve any type of paint, not just aerosol)
[Tex. Penal Code Ann. §28.08(a), (b)(1)]

Criminal Trespass (other than at a habitation, residential land,

agricultural land, RV parks, buildings, aircraft, other vehicles, a shelter
center, or a Superfund site, or while carrying a deadly weapon, or on
residential land within 100 feet of protected freshwater area)
[Tex. Penal Code Ann. §30.05(a), (d)]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
Class B Misdemeanor Theft (value of property is $100 or more but less than $750; $100 or
(cont.) more but less than $750 and knowingly used a hot check; or less than
$100, and used a check, or less than $100 and previously convicted of
any grade of theft, and the actor was a public servant at the time of the
offense and the property came into the actor’s possession, custody, or
control by virtue of his or her status as a public servant; or the actor
was in a contractual relationship with a governmental body at time of
offense and the property came into the actor’s possession, custody, or
control by virtue of the contractual relationship; or the owner of the
appropriated property was an elderly individual; or property stolen is a
driver’s license or state identification)
[Tex. Penal Code Ann. §31.03(a), (e)(2)(c), (f)]

Enhancement Penalty increased if a theft is committed in a Disaster or Evacuation

Area
[Tex. Penal Code Ann. §12.50]

Enhancement Increase in offense level by one if theft is from a nonprofit or theft is

by a Medicare provider.
[Tex. Penal Code Ann §31.03(f)]

Increase in offense level by one if during the commission of the

offense, the actor intentionally, knowingly, or recklessly caused a fire
exit alarm to sound or otherwise become activated, deactivated or
prevented a fire exit alarm or retail theft detector from sounding, or
used a shielding or deactivation instrument to prevent or attempt to
prevent detection of the offense by a retail theft detector.
[Tex. Penal Code Ann. §31.03(f)]

Theft of Service (value of service stolen is $100 or more but less than
$750)
[Tex. Penal Code Ann. §31.04(a), (e)(2)]

Theft of or Tampering with Multichannel Video or Information

Services (committed without remuneration and previously convicted
of an offense under this section)
[Tex. Penal Code Ann. §31.12(a), (d)(1)]

Unauthorized Acquisition of Certain Financial Information

(knowing that the actor is not entitled to obtain or possess financial
information, obtain financial information as detailed)
[Tex. Penal Code Ann. §31.17(b)(1)]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
Class B Misdemeanor Trademark Counterfeiting (retail value of item or service is $100 or
(cont.) more but less than $750)
[Tex. Penal Code Ann. §32.23(b), (e)(2)]

False Statement to Obtain Property or Credit (value of property or

amount of credit is $100 or more but less than $750; includes property
appraisal fraud)
[Tex. Penal Code Ann. §32.32(b), (b-1), (c)(2)]

Hindering Secured Creditors (value of property is $100 or more but

less than $750)
[Tex. Penal Code Ann. §32.33(b), (d)(2), (e)(2)]

Credit Card Transaction Record Laundering (amount of record of sale

is $100 or more but less than $750)
[Tex. Penal Code Ann. §32.35(b), (c), (e)(2)]

Issuance of Bad Check (for court ordered child support payment)

[Tex. Penal Code Ann. §32.41(a), (f)]

Illegal Recruitment of an Athlete (value of benefit is $100 or more but

less than $750)
[Tex. Penal Code Ann. §32.441(a), (b), (e)(2)]

Misapplication of Fiduciary Property or Property of Financial

Institution (value of property misapplied is $100 or more but less than
$750; or less than $100 if committed against an elderly individual)
[Tex. Penal Code Ann. §32.45(b), (c)(2), (d)]

Securing Execution of Document by Deception (value of property,

service or pecuniary interest is $100 or more but less than $750; or less
than $100 if committed against an elderly individual) If the offense
involves the state Medicaid program the offense is treated as a Class A
Misdemeanor.
[Tex. Penal Code Ann. §32.46(a)(1), (b)(2), (c)-1)]

Breach of Computer Security (without obtaining benefit, harming

another, or damaging property)
[Tex. Penal Code Ann. §33.02(a), (b)]

Electronic Data Tampering (if aggregate amount is $100 or more but

less than $750)
[Tex. Penal Code Ann. §33.023]

Unlawful Decryption (if aggregate amount is $100 or more but

less than $750)
[Tex. Penal Code Ann. §33.024]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
Class B Misdemeanor (Cont.)

Unauthorized Use of Telecommunications Service (value of service

used or diverted is less than $500)
[Tex. Penal Code Ann. §33A.02(a), (b)(1)]

Theft of Telecommunications Service (value of service obtained or

attempted to be obtained is less than $500)
[Tex. Penal Code Ann. §33A.04(a), (b)(1)]

Insurance Fraud (value of claim is $100 or more but less than $750)
[Tex. Penal Code Ann. §35.02(a), (b), (d)(2)]

Class C Misdemeanor Criminal Mischief (pecuniary loss is less than $100; or causes
substantial inconvenience to others, not involving a public service)
[Tex. Penal Code Ann. §28.03(a), (b)(1)]

Reckless Damage or Destruction

[Tex. Penal Code Ann. §28.04]

Interference with Railroad Property (entering or tampering with

railroad property; placing an obstruction on any railroad track; or any
derailment and amount of pecuniary loss is less than $100)
[Tex. Penal Code Ann. §28.07(b)(2), (d), (e)]

Criminal Trespass (other than at a habitation or while carrying a

deadly weapon, includes new manner and means of trespassing on
residential property within 100 feet of a protected freshwater area)
[Tex. Penal Code Ann. §30.05(a), (d), (e)]

Theft (value of property is less than $100; or less than $100 and
knowingly used a hot check)
[Tex. Penal Code Ann. §31.03(a), (b), (e)(1)]

Enhancement Penalty if a theft is committed in a Disaster or Evacuation Area

[Tex. Penal Code Ann. §12.50]

Enhancement Increase in offense level by one if theft is from a nonprofit or elderly

individual or theft is by a Medicare provider, public servant, or actor in
a contractual relationship with the government; or during commission
of the offense the actor caused a fire exit alarm to sound, deactivated or
prevented a fire exit alarm or retail theft detector from sounding, or
used a shielding or deactivation instrument to prevent or attempt to
prevent detection of the offense.
[Tex. Penal Code Ann §31.03(f)]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
Class C Misdemeanor (cont.)

Theft of Service (value of service stolen is less than $100)

[Tex. Penal Code Ann. §31.04(a), (e)(1)]

Theft of or Tampering with Multichannel Video or Information

Services (committed without remuneration)
[Tex. Penal Code Ann. §31.12(a), (d)]

Trademark Counterfeiting (retail value of item or service is less than

$100)
[Tex. Penal Code Ann. §32.23(b), (e)(1)]

False Statement to Obtain Property or Credit (value of property or

amount of credit is less than $100; includes property appraisal fraud)
[Tex. Penal Code Ann. §32.32(b), (b-1), (c)(1)]

Hindering Secured Creditors (value of property is less than $100)

[Tex. Penal Code Ann. §32.33(b), (d)(1), (e)(1)]

Credit Card Transaction Record Laundering (amount of the record of

sale is less than $100)
[Tex. Penal Code Ann. §32.35(b), (c), (e)(1)]

Issuance of a Bad Check

[Tex. Penal Code Ann. §32.41(a), (f)]

Deceptive Business Practices (criminal negligence with no previous

conviction under this section)
[Tex. Penal Code Ann. §32.42(b)(1)-(6), (c)(1)]

Illegal Recruitment of an Athlete (value of benefit is less than $100)

[Tex. Penal Code Ann. §32.441(a), (b), (e)(1)]

Misapplication of Fiduciary Property or Property of Financial

Institution (value of property misapplied is less than $100)
[Tex. Penal Code Ann. §32.45(b), (c)(1)]

Securing Execution of Document by Deception (value of property,

service or pecuniary interest is less than $100) If the offense involves
the state Medicaid program the offense is treated as a Class B
Misdemeanor.
[Tex. Penal Code Ann. §32.46(a)(1), (b)(1)]

Deceptive Preparation and Marketing of Academic Product

[Tex. Penal Code Ann. §32.50(b), (c), (g)]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
Class C Misdemeanor (Cont.)

Electronic Data Tampering (if aggregate amount is less than $100)

[Tex. Penal Code Ann. §33.023]

Unlawful Decryption (if aggregate amount is less than $100)

[Tex. Penal Code Ann. §33.024]

Insurance Fraud (value of claim is less than $100)

[Tex. Penal Code Ann. §35.02(a), (b), (d)(1)]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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CLASSIFICATION OF TITLE 8.
OFFENSES AGAINST PUBLIC ADMINISTRATION
TEXAS PENAL CODE

Offenses Against Public Administration include Bribery and Corrupt Influence, Perjury and
Other Falsification, Obstructing Governmental Operation and Abuse of Office.

Classification Offense
Capital Felony none

First Degree Felony Escape (causing serious bodily injury; using or threatening use of
deadly weapon)
[Tex. Penal Code Ann. §38.06(a), (e)]

Abuse of Official Capacity (value of thing misused is $300,000 or

more; subject to new aggregation option)
[Tex. Penal Code Ann. §39.02(a)(2), (c)(7), (f)]

Tampering With Witness (if it is a criminal case and the most serious
offense charged is a capital felony or first degree felony)
[Tex. Penal Code Ann. §36.05(a), (b), (e)]

Second Degree Felony Bribery

[Tex. Penal Code Ann. §36.02]

Tampering with Witness (if a criminal case and most serious offense is
a second degree felony)
[Tex. Penal Code Ann. §36.05(a), (b), (d)]

Tampering with Witness (if prior family violence conviction)

[Tex. Penal Code Ann. §36.05(e-2)]

Obstruction or Retaliation (if harmed or threatened because of victim’s

status as a juror or if the release of personal information of a law
enforcement or family member leads to bodily injury)
[Tex. Penal Code Ann. §36.06(a), (c) or (a-1), (c-2)]

Tampering with or Fabricating Physical Evidence (by altering,

destroying, or concealing a human corpse that may constitute evidence
in an investigation)
[Tex. Penal Code Ann. §37.09]

Tampering with Governmental Record (intent to defraud or harm and

the record is a public school record, report, assessment or the record is
a license, certificate, permit, seal, title, letter of patent or similar
document issued by government)
[Tex. Penal Code Ann. §37.10(a), (c)(2), (d)(3), (j)]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
Second Degree Felony
(Cont.) Fraudulent Filing of Financing Statement (two or more previous
convictions under this section)
[Tex. Penal Code Ann. §37.101(a)(1), (b)]

Evading Arrest or Detention (if another suffers death as a direct result,

or suffers serious bodily injury as a result of the actor’s use of a tire
deflation device)
[Tex. Penal Code Ann. §38.04(a), (b)(3)]

Escape (causing bodily injury)

[Tex. Penal Code Ann. §38.06(a), (d)]

Permitting or Facilitating Escape (involving a felon confined in

a secure correctional facility; or using or threatening use of deadly
weapon)
[Tex. Penal Code Ann. §38.07(a), (b), (e)]

Implements for Escape (introducing or providing a deadly weapon)

[Tex. Penal Code Ann. §38.09]

Interference with Police Service Animals (killing a police service

animal or engaging in conduct likely to kill the animal)
[Tex. Penal Code Ann §38.151(b)(6) and (7), (c)(5)]

Abuse of Official Capacity (value of thing misused is $150,000 or

more but less than $300,000; subject to aggregation option)
[Tex. Penal Code Ann. §39.02(a)(2), (c)(6), (f)]

Third Degree Felony Coercion of Public Servant or Voter (if coercion is a threat to commit
a felony)
[Tex. Penal Code Ann. §36.03(a), (b)]

Tampering with Witness (if noncriminal case; or if it is a criminal case

where most serious offense charged is a third degree felony)
[Tex. Penal Code Ann. §36.05(a), (b), (d)]

Tampering with Witness (if family violence case)

[Tex. Penal Code Ann. §36.05(a), (b), (e-1)]

Obstruction or Retaliation (if victim is not a juror; new manner and

means to address the unauthorized release of personal information of
law enforcement or family)
[Tex. Penal Code Ann. §36.06(a), (a-1), (c), (c-1)]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
Third Degree Felony
(cont.) Aggravated Perjury
[Tex. Penal Code Ann. §37.03]

Tampering with or Fabricating Physical Evidence

[Tex. Penal Code Ann. §37.09(a), (c), (d)(1)]

Tampering with Governmental Record (with intent to defraud or harm

another and the record is a search warrant issued by a magistrate, a
public school record, report or assessment instrument or the record is
a license, certificate, permit, seal, title, letter of patent or similar
document issued by government; tampering with written reports of
analysis of physical evidence; or tampering with maintenance records
of equipment used to do forensic analysis testing)
[Tex. Penal Code Ann. §37.10(a), (c)(2), (d)(2)]

Fraudulent Filing of Financing Statement

[Tex. Penal Code Ann. §37.101(a)(1), (b)]

Impersonating Public Servant

[Tex. Penal Code Ann. §37.11]

Record of Fraudulent Court (two or more previous convictions this

section)
[Tex. Penal Code Ann. §37.13(a), (b)]

Resisting Arrest, Search, or Transportation (if using a deadly weapon)

[Tex. Penal Code Ann. §38.03(a), (d)]

Evading Arrest or Detention (if vehicle or watercraft used or another

suffers serious bodily injury as a direct result; or actor uses a tire
deflation device against the officer)
[Tex. Penal Code Ann. §38.04(a), (b)(2)]

Hindering Apprehension or Prosecution (with knowledge that the

concealed person's involvement or alleged involvement is felony-
related, or for failure to register as a sex offender)
[Tex. Penal Code Ann. §38.05(a), (c)]

Escape (if arrested for, charged with, or convicted of a felony; or

confined or lawfully detained in a secure correctional facility; or is
committed to or lawfully detained in a secure correctional facility or
law enforcement facility, other than a halfway house, operated by or
under contract with Texas Juvenile Justice Department, or escaping the
custody of juvenile probation officer after violating a court order)
[Tex. Penal Code Ann. §38.06(a), (c)]
 
  Penal Code Offenses by Punishment Range Office of the Attorney General
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Classification Offense
Third Degree Felony (cont.)

Permitting or Facilitating Escape (if actor arrested for, charged with, or

convicted of a felony; or confined in a correctional facility other than a
secure correctional facility after a felony conviction)
[Tex. Penal Code Ann. §38.07(a), (b), (d)]

Implements for Escape (without introducing or providing a deadly

weapon)
[Tex. Penal Code Ann. §38.09]

Bail Jumping and Failure to Appear (if charged with a felony)

[Tex. Penal Code Ann. §38.10(a), (f)]

Prohibited Substances and Items in Correctional Facility (attempted

taking or taking a prohibited substance into a correctional facility,
possessing a prohibited substance or item, a cell phone, a wireless
communication device or its components with intent to provide to a
person in custody; correctional facility includes jails, public and
private prisons, secure juvenile correctional and detention facilities.)
[Tex. Penal Code Ann. §38.11(a) - (d), (g), (h), (j)]

Improper Contact with Victim (if actor is confined in a correctional

facility after being convicted of a felony sex offense)
[Tex. Penal Code Ann. §38.111(a), (d)]

Barratry and Solicitation of Professional Employment (certain acts,

including in-person, telephone, in addition to written solicitation if
previously convicted for an unauthorized communication)
[Tex. Penal Code Ann. §38.12(a), (b), (d), (f), (h)]

Falsely Holding Oneself Out as a Lawyer

[Tex. Penal Code Ann. §38.122(a), (b)]

Unauthorized Practice of Law (if previously convicted under this

section)
[Tex. Penal Code Ann. §38.123(a), (d)]

Taking or Attempting to Take Weapon from Peace Officer, Federal

Special Investigator, Employee or Official of Correctional Facility,
Parole Officer, Community Supervision and Corrections Department
Officer, or Commissioned Security Officer (if weapon is taken)
[Tex. Penal Code Ann. §38.14(b), (e)(1)]

Abuse of Official Capacity (value of thing misused is $30,000 or more

but less than $150,000; subject to aggregation option)
[Tex. Penal Code Ann. §39.02(a)(2), (c)(5), (f)]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
Third Degree Felony (cont.)
Official Oppression (if intent to impair the accuracy of data required to
be reported to TEA through its PEIMS)
[Tex. Penal Code Ann. §39.03(a), (d)]

Misuse of Official Information (without coercing another to suppress

or fail to report information to a law enforcement agency)
[Tex. Penal Code Ann. §39.06(a)(1), (2) and (3), (b), (c), (e)]

State Jail Felony Tampering with Governmental Record (with intent to defraud or harm
another; except in the case that “Not a Government Document” is
diagonally printed in red capital letters at least 1/4 inch in height, front
and back)
[Tex. Penal Code Ann. §37.10(a), (c)(1), (j)]

Fraudulent Filing of Financing Statement (with intent to defraud or

harm another)
[Tex. Penal Code Ann. §37.101(a)(2) and (3), (b)]

Evading Arrest or Detention (previously convicted under this section)

[Tex. Penal Code Ann. §38.04(a), (b), (b)(1)]

Unauthorized Absence from Community Corrections Facility, County

Correctional Center, or Assignment Site
[Tex. Penal Code Ann. §38.113]

Taking or Attempting to Take Weapon from Peace Officer, Federal

Special Investigator, Employee or Officer of Correctional Facility,
Parole Officer, Community Supervision and Corrections Department
Officer, or Commissioned Security Officer (if actor attempted to take
weapon)
[Tex. Penal Code Ann. §38.14(b), (e)(2)]

Interference with Police Service Animals (injuring a police service

animal or engaging in conduct likely to injure the animal)
[Tex. Penal Code Ann. §38.151(b)(6) and (7), (c)(4)]

Interfering with Radio Frequencies License to a Governmental

Entity (jam or interfere with the functioning of law enforcement or
emergency services personnel in an effort to facilitate the commission
of an offense or to interfere with an emergency response)
[Tex. Penal Code Ann. §38.152]

Abuse of Official Capacity (value of thing misused is $2,500 or more

but less than $30,000; subject to aggregation option)
[Tex. Penal Code Ann. §39.02(a)(2), (c)(4), (f)]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
State Jail Felony Violation of the Civil Rights of Person in Custody; Improper Sexual
(cont.) Activity with Person in Custody (by engaging in sexual contact)
[Tex. Penal Code Ann. §39.04(a)(2), (b), (f), (g)]

Interference with Emergency Telephone Call (if previously convicted

under this section)
[Tex. Penal Code Ann. §42.062(a) - (c)]

Class A Misdemeanor Coercion of Public Servant or Voter (if coercion is not a threat to
commit a felony)
[Tex. Penal Code Ann. §36.03(a), (b)]

Improper Influence
[Tex. Penal Code Ann. §36.04(a), (c)]

Acceptance of Honorarium
[Tex. Penal Code Ann. §36.07(a), (c)]

Gift to Public Servant by Person Subject to His Jurisdiction

[Tex. Penal Code Ann. §36.08]

Offering Gift to Public Servant

[Tex. Penal Code Ann. §36.09]

Perjury
[Tex. Penal Code Ann. §37.02]

Tampering with or Fabricating Physical Evidence

[Tex. Penal Code Ann. §37.09(c), (d)(2)]

Fraudulent Filing of Financing Statement (without intent to

defraud or harm another)
[Tex. Penal Code Ann. §37.101(a)(2) and (3), (b)]

Record of a Fraudulent Court

[Tex. Penal Code Ann. §37.13(a), (b)]

Failure to Identify (if involving a fugitive from justice)

[Tex. Penal Code Ann. §38.02(b), (d)(2)]

Resisting Arrest, Search, or Transportation (no deadly weapon)

[Tex. Penal Code Ann. §38.03(a), (c)]

Evading Arrest or Detention (not involving use of a vehicle; not

previously convicted under this section; or with no one suffering
serious bodily injury or death)
[Tex. Penal Code Ann. §38.04(a), (b)]

  Penal Code Offenses by Punishment Range Office of the Attorney General

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Classification Offense
Class A Misdemeanor Hindering Apprehension or Prosecution (with knowledge that the
(cont.) concealed person is sought under the authority of a warrant or capias)
[Tex. Penal Code Ann. §38.05(a), (c)]

Escape (if arrested for, charged with, or convicted of an offense; or in

court-ordered custody; or detained in a secure detention facility; or in
custody of a juvenile probation officer for violation of an order of the
juvenile court)
[Tex. Penal Code Ann. §38.06(a), (b)]

Permitting or Facilitating Escape

[Tex. Penal Code Ann. §38.07(a), (c)]

Bail Jumping and Failure to Appear (not involving punishment by fine

only; or charged with a felony)
[Tex. Penal Code Ann. §38.10(a), (d)]

Improper Contact With Victim (if person is charged with but not
convicted of a felony sex offense)
[Tex. Penal Code Ann. §38.111(a), (d)]

Barratry and Solicitation of Professional Employment (certain acts,

including in-person and telephone, in addition to written solicitation;
no prior conviction under same subsection)
[Tex. Penal Code Ann. §38.12(d), (g)]

Unauthorized Practice of Law

[Tex. Penal Code Ann. §38.123(a), (c)]

Hindering Proceedings by Disorderly Conduct

[Tex. Penal Code Ann. §38.13]

Interference with Police Service Animals

[Tex. Penal Code Ann. §38.151(b)(3), (4), and (5), (c)(3)]

Interfering with Radio Frequencies Licensed to a Governmental Entity

(offense to jam or interfere with the functioning of Law Enforcement
or Emergency Services Personnel)
[Tex. Penal Code Ann §38.152]

Failure to Stop or Report Aggravated Sexual Assault of Child, or

continuous Sexual Assault of a Child
[Tex. Penal Code Ann. §38.17]

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Classification Offense
Class A misdemeanor
(cont.) Failure to Report Felony
[Tex. Penal Code Ann. §38.171]

Abuse of Official Capacity (value of thing misused is $750 or more

but less than $2,500; or violating a law relating to office or
employment; subject to new aggregation option)
[Tex. Penal Code Ann. §39.02(a) - (c)(3),(f)]

Official Oppression
[Tex. Penal Code Ann. §39.03(a), (d)]

Violations of the Civil Rights of Person in Custody; Improper

Sexual Activity with Person in Custody
[Tex. Penal Code Ann. §39.04(a)(1), (b)]

Interference with Emergency Telephone Call

[Tex. Penal Code Ann. §42.062(a)-(c)]

Class B Misdemeanor False Report to Peace Officer, Federal Special Investigator, or Law
Enforcement Employee
[Tex. Penal Code Ann. §37.08]

Tampering with Governmental Record (if convicted of presenting or

using the record; except in the case that “Not a Government
Document” is diagonally printed in red capital letters at least 1/4 inch
in height, front and back)
[Tex. Penal Code Ann. §37.10(a)(2) and (5), (d)(1), (j)]

Tampering with Governmental Record (without intent to defraud or

harm another; except in the case that “Not a Government Document”
is diagonally printed in red capital letters at least 1/4 inch in height,
front and back)
[Tex. Penal Code Ann. §37.10(a), (c)(1), (j)]

False Identification as Peace Officer; Misrepresentation of Property

[Tex. Penal Code Ann. §37.12(a), (d), (e)]

Failure to Identify (involving a fugitive from justice)

[Tex. Penal Code Ann. §38.02(a), (d)(1)]

Failure to Identify (not involving a fugitive from justice)

[Tex. Penal Code Ann. §38.02(b), (c)(2)]

Providing Contraband In a Correctional Facility (involving contraband

not listed under 38.11 by Employee or Volunteer)
[Tex. Penal Code Ann. §38.114(c)]

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Classification Offense
Class B Misdemeanor
(cont.) Interference with Public Duties
[Tex. Penal Code Ann. §38.15(a), (b)]

Interference with Police Service Animals (by throwing object

or substance at animal)
[Tex. Penal Code Ann. §38.151(b)(2), (c)(2)]

Use of Accident Report Information and Other Information For

Pecuniary Gain
[Tex. Penal Code Ann. §38.18]

Failure to Report of Death of Resident of Institution

[Tex. Penal Code Ann. §38.19]

Abuse of Official Capacity (value of thing misused is $100 or more

but less than $750; subject to new aggregation option)
[Tex. Penal Code Ann. §39.02(a)(2), (c)(2), (f)]

Failure to Report Death of Prisoner

[Tex. Penal Code Ann. §39.05]

Class C Misdemeanor False Report Regarding Missing Child or Missing Person

[Tex. Penal Code Ann. §37.081]

Failure to Identify (not involving fugitive from justice)

[Tex. Penal Code Ann. §38.02(a), (c)(1)]

Bail Jumping and Failure to Appear (if fine-only offense)

[Tex. Penal Code Ann. §38.10(a), (e)]

Providing Contraband in a Correctional Facility (involving contraband

not listed under 38.11 and not an employee or volunteer)
[Tex. Penal Code Ann. §38.114(c)]

Interference with Police Service Animals (by taunting, tormenting or

striking animal)
[Tex. Penal Code Ann. §38.151(b)(1), (c)(1)]

Preventing Execution of Civil Process

[Tex. Penal Code Ann. §38.16]

Abuse of Official Capacity (value is less than $100)

[Tex. Penal Code Ann. §39.02(a)(2), (c)(1)]

Misuse of Official Information

[Tex. Penal Code Ann. §39.06(a)(3), (f)]

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CLASSIFICATION OF TITLE 9.
OFFENSES AGAINST PUBLIC ORDER & DECENCY
TEXAS PENAL CODE

Offenses Against Public Order and Decency include Disorderly Conduct and Related Offenses,
and Public Indecency.

Classification Offense
Capital Felony none

First Degree Felony Aggravated Promotion of Prostitution (if person involved in

prostitution is a person under 18)
[Tex. Penal Code Ann. §43.04(b)]

Compelling Prostitution (causes a child younger than 18 years to

commit prostitution, regardless of whether the actor knows the age of
the child at the time of the offense)
[Tex. Penal Code Ann. §43.05(a)(2), (b)]

Sexual Performance by a Child (by employing, authorizing, or

inducing a child younger than age 14)
[Tex. Penal Code Ann. §43.25(b), (c)]

Employment Harmful to Children (if child victim is younger than 14)

[Tex. Penal Code Ann. §43.251(b), (c)]

Possession or Promotion of Child Pornography (possession, if

previously convicted two times or more under same subsection; or
promotion, if previously convicted under the same subsection)
[Tex. Penal Code Ann. §43.26(a), (d)(2), (e), (g)]

Second Degree Felony Stalking (if previously convicted under this section, or under any of
the following laws if they contain elements that are substantially
similar to the elements in this chapter: 1) laws of another state, 2) laws
of a Federally recognized Indian Tribe, 3) laws of a territory of the
United States, or 4) Federal law)
[Tex. Penal Code Ann. §42.072(a), (b)]

Cruelty to Non Livestock Animals (torturing, cruelly killing or

causing SBI and previously convicted)
[Tex. Penal Code Ann. §42.092(b) (c-1)

Prostitution (if person solicited is younger than 18 years of age)

[Tex. Penal Code Ann. §43.02(a), (c-1)(3)]

Promotion of Prostitution (if offense involves prostitution by a person

younger than 18)
[Tex. Penal Code Ann. §43.03(b)]

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Classification Offense
Second Degree Felony (cont.)
Aggravated Promotion of Prostitution (if person involved in
prostitution is not a person under 18)
[Tex. Penal Code Ann. §43.04]

Compelling Prostitution (causes another to commit prostitution)

[Tex. Penal Code Ann. §43.05(a)(1), (b)]

Obscenity (depicting a child or image of a child younger than 18)

[Tex. Penal Code Ann. §43.23(a), (h)]

Sexual Performance by a Child (by producing or directing a sexual

performance by a child younger than age 14)
[Tex. Penal Code Ann. §43.25(d), (e)]

Employment Harmful to Children (if child victim is older than 14)

[Tex. Penal Code Ann. §43.251(b), (c)]

Possession or Promotion of Child Pornography (possession, if

previously convicted under same subsection; or promotion)
[Tex. Penal Code Ann. §43.26(a), (d)(1), (e), (g)]

Third Degree Felony Stalking

[Tex. Penal Code Ann. §42.072(a), (b)]

Cruelty to Livestock Animals (certain subsections and if previously

convicted two or more times under this section)
[Tex. Penal Code Ann. §42.09(a)(1), (5) - (8)(c)]

Attack on Assistance Animal (resulting in death of animal)

[Tex. Penal Code Ann. §42.091 (a), (b), (c)(3)]

Cruelty to Non Livestock Animals (torturing, cruelly killing or

causing SBI)
[Tex. Penal Code Ann. §42.092(b) (c)

Promotion of Prostitution (if prior conviction)

[Tex. Penal Code Ann. §43.03]

Sale, Distribution, or Display of Harmful Material to Minor (by hiring,

employing, or using a minor to violate this section)
[Tex. Penal Code Ann. §43.24 (b)(3), (d)]

Possession of Child Pornography

[Tex. Penal Code Ann. §43.26(a), (d)]

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Classification Offense
State Jail Felony False Alarm or Report (involving certain public emergencies and
involving a college or university)
[Tex. Penal Code Ann. §42.06]

Interference with Emergency Telephone Call (if previously convicted

under this section)
[Tex. Penal Code Ann. §42.062(a), (b), (c)]

Abuse of Corpse
[Tex. Penal Code Ann. §42.08(b)]

Cruelty to Livestock Animals

[Tex. Penal Code Ann. §42.09(a)(1), (5)-(9), (c)]

Cruelty to Non Livestock Animals (certain subsections and if

previously convicted two or more times under this section or 42.09)
[Tex. Penal Code Ann. §42.092(b) (c)

Cruelty to Livestock Animals

[Tex. Penal Code Ann. §42.09(a)(1), (5) - (8), (c)]

Attack on Assistance Animal (resulting in injury to animal)

[Tex. Penal Code Ann. §42.091(a), (b), (c)(2)]

Dog Fighting (causing a dog to fight with another dog; participating in

earnings of dog fighting; or using or permitting others to use facility)
[Tex. Penal Code Ann. §42.10(a)(1), (2), and (3), (e)]

Prostitution (if previously convicted three or more times under this

section)
[Tex. Penal Code Ann. §43.02(a), (c-1)(2)]

Obscenity (wholesale promotion or possession of obscene material or

device; or by promoting or possessing with intent to promote obscene
material)
[Tex. Penal Code Ann. §43.23(a) - (c), (h)]

Possession or Promotion of Lewd Visual Material Depicting a Child

[Tex. Penal Code Ann. §43.262]

Enhancement If previously convicted one time of Lewd Material offense, offense

becomes a third degree felony.

If previously convicted two or more times of Lewd Material offense,

offense becomes a second degree felony.

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Classification Offense
Class A Misdemeanor False Alarm or Report (not involving a public emergency)
[Tex. Penal Code Ann. §42.06]

Interference with Emergency Telephone Call

[Tex. Penal Code Ann. §42.062(a), (b), and (c)]

Harassment (if previously convicted under this section;

or in electronic manner and means, the victim is under
18 and done with intent to cause suicide or SBI)
[Tex. Penal Code Ann §42.07(a), (c)]

Abuse of Corpse
[Tex. Penal Code Ann. §42.08]

Cruelty to Animals (violation of certain subsections and not previously

convicted under this section)
[Tex. Penal Code Ann. §42.09(a)(2) - (4), (9), and (10), (d)]

Attack on Assistance Animal (attack does not result in injury or death

of the attacked animal)
[Tex. Penal Code Ann. §42.091(a), (b), (c)(1)]

Dog Fighting (by attending as a spectator or owning or possessing dog

fighting equipment with intent to use in furtherance of dog fighting)
[Tex. Penal Code Ann. §42.10(a)(4),(6), (b), (e)]

Cockfighting (by manufacturing, owning or possessing cockfighting

equipment with intent to use in furtherance of cockfighting, by owning
or training an animal to fight, by using or allowing another to use
property for cockfighting or attending as a spectator when previously
convicted as a spectator)
[Tex. Penal Code Ann. §42.105(b)(3), (4), (5), (6)]

Destruction of Flag
[Tex. Penal Code Ann. §42.11]

Discharge of Firearm in Certain Municipalities (by acting recklessly)

[Tex. Penal Code Ann. §42.12(a), (b)]

Prostitution (if previously convicted one or two times under this

section)
[Tex. Penal Code Ann. §43.02(a), (c-1)(1)]

Promotion of Prostitution (if no prior conviction)

[Tex. Penal Code Ann. §43.03]

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Classification Offense
Class A Misdemeanor (cont.)

Electronic Transmission of Certain Visual Material Depicting Minor

(crime involving sexting; if convicted 1 or more times under the
subsection involving promotion of the material with intent to harass,
annoy, alarm, abuse, torment, embarrass or offend another; or 2 or
more times under any offense in this section)
[Tex. Penal Code Ann. §43.261]

Illumination of Aircraft by Intense Light (if a person intentionally

directs a laser pointer at an aircraft and the beam causes the pilot’s
inability to control an aircraft)
[Tex. Penal Code Ann §42.14]

Obscenity (by promoting or possessing with intent to promote obscene

material or device; or by directing or participating in obscene
performance)
[Tex. Penal Code Ann. §43.23(c), (d)]

Sale, Distribution, or Display of Harmful Material to Minor (other than

by hiring, employing, or using a minor)
[Tex. Penal Code Ann. §43.24(b)(1) and (2), (d)]

Class B Misdemeanor Disorderly Conduct (discharging a firearm in certain public places; or

displaying a firearm or deadly weapon in a public place to alarm)
[Tex. Penal Code Ann. §42.01(a)(7) and (a)(8), (d)]

Riot (not in furtherance of the purpose of the assembly; or involving

an offense that should have been anticipated as a result of the
assembly)
[Tex. Penal Code Ann. §42.02(b), (e), (f)]

Note on Enhancement: An offense in furtherance of the purpose of the assembly and an

anticipated offense resulting from the assembly are punished one grade
higher than an offense committed by anyone engaged in the riot.

Obstructing Highway or Other Passageway

[Tex. Penal Code Ann. §42.03]

Disrupting Meeting or Procession

[Tex. Penal Code Ann. §42.05]

Funeral Service Disruptions

[Tex. Penal Code Ann. §42.055]

Silent or Abusive Calls to 9-1-1 Service

[Tex. Penal Code Ann. §42.061]

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Classification Offense
Class B Misdemeanor (cont.)

Harassment
[Tex. Penal Code Ann. §42.07(a), (c)]

Prostitution (if not previously convicted under this section)

[Tex. Penal Code Ann. §43.02(a), (c-1)]

Electronic Transmission of Certain Visual Material Depicting Minor

(if one previous conviction under this section; or promoted material
with intent to harass, annoy, alarm, abuse, torment, embarrass, or
offend)
[Tex. Penal Code Ann. §43.261(b), (c)]

Class C Misdemeanor Disorderly Conduct (not involving discharge of a firearm in certain

public places; or display of a firearm or deadly weapon in a public
place)
[Tex. Penal Code Ann. §42.01(a)(1-11), excluding (7) and (8), (d)]

Use of Laser Pointers

[Tex. Penal Code Ann. §42.13]
 
Illumination of Aircraft By Intense Light (if a person intentionally
directs a laser pointer at an aircraft and the light has an intensity
sufficient to impair the pilot)
[Tex Penal Code Ann §42.14]

Obscene Display or Distribution

[Tex. Penal Code Ann. §43.22]

Electronic Transmission of Certain Visual Material Depicting Minor

(no prior convictions; not promoted with intent to harass, annoy,
alarm, abuse, torment, embarrass, or offend another)
[Tex. Penal Code Ann. §43.261(b), (c)]

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CLASSIFICATION OF TITLE 10.

OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND MORALS
TEXAS PENAL CODE

Offenses Against Public Health, Safety and Morals include Weapons, Gambling and Conduct
Affecting Public Health.

Classification Offense
Capital Felony none

First Degree Felony Intoxication Assault (if victim is peace officer or judge)
[Tex. Penal Code Ann. §49.09(a), (b-1)(2)]

Second Degree Felony Firearms Smuggling (transferring or transporting of three or more

firearms acquired in violation of Texas or federal law; for profit or
more than once; does not apply to peace officers)
[Tex. Penal Code Ann. §46.14]

Intoxication Manslaughter
[Tex. Penal Code Ann. §49.08]

Note on Enhancement: To increase the penalty for intoxication offenses committed against
certain public servants. Specifically, it enhances Intoxication Assault
from a Third Degree Felony to a Second Degree Penalty if the actor
causes serious bodily injury to a peace officer, firefighter, or
emergency medical service personnel while that person is on or off
duty. It also enhances Second Degree Manslaughter to First Degree
Manslaughter.

Third Degree Felony Unlawful Carrying Weapons (committed on any premises licensed for
the sale of alcoholic beverages)
[Tex. Penal Code Ann. §46.02(a), (c)]

Places Weapons Prohibited (by possessing a weapon in a prohibited

place)
[Tex. Penal Code Ann. §46.03(a), (g)]

Unlawful Carrying of Handgun by License Holder (committed on

premises licensed for alcoholic beverages; or on premises of a
correctional facility, except for a case in which the “no guns” sign
required in bars and hospitals under GC 411.204 is not displayed)
[Tex. Penal Code Ann. §46.035(b)(1) and (3), (g), (k)]

Unlawful Possession of Firearm (by a convicted felon and the prior

felony offense has not been subsequently reduced to misdemeanor,
i.e., Burglary of a Vehicle)
[Tex. Penal Code Ann. §46.04(a), (e), (f), (g)]

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Classification Offense
Third Degree Felony Unlawful Possession of Metal or Body Armor by Felon
(cont.) [Tex. Penal Code Ann. §46.041]

Prohibited Weapons (not involving knuckles)

[Tex. Penal Code Ann. §46.05(a)(1)-(4), (7)-(9), (e)]

Components of Explosives
[Tex. Penal Code Ann. §46.09]

Deadly Weapon in Penal Institution

[Tex. Penal Code Ann. §46.10(a), (d)]

Note on Enhancement: Penalty if Offense Committed Within Weapon-Free School Zone

(punishment for Chapter 46 weapons offenses is increased to the next
higher category for offenses committed in a place the actor knew was
within 300 feet of a school, at a school function, or at a University
Interscholastic League event)
[Tex. Penal Code Ann. §46.11]

Firearms Smuggling (transferring or transporting of less than three

firearms in violation of Texas or federal law; on more than one
occasion or for profit; does not apply to peace officers)
[Tex. Penal Code Ann. §46.14]

Driving While Intoxicated (two previous convictions under this

section; or one previous conviction under §49.08 or similar offense
under the laws of another state)
[Tex. Penal Code Ann. §49.04(a); 49.09 (b), (e)]

Flying While Intoxicated (two previous convictions under this section;

or one previous conviction under §49.08 or similar offense under the
laws of another state)
[Tex. Penal Code Ann. §49.05(a); 49.09 (b), (e)]

Boating While Intoxicated (two previous convictions under this

section; or one previous conviction under §49.08 or similar offense
under the laws of another state)
[Tex. Penal Code Ann. §49.06(a); 49.09 (b), (e)]

Assembling or Operating an Amusement Ride While

Intoxicated (two previous convictions under this section; or one
previous conviction under §49.08 or similar offense under the laws of
another state)
[Tex. Penal Code Ann. §49.065(a); 49.09 (b), (e)]

Intoxication Assault
[Tex. Penal Code Ann. §49.07(a), (c)]

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Classification Offense
State Jail Felony Prohibited Weapons (possession, manufacture, transportation, repair,
or sale of a tire deflation device)
[Tex. Penal Code Ann. §46.05]

Unlawful Transfer of Certain Weapons (if weapon is a handgun)

[Tex. Penal Code Ann. §46.06(a)(2), (d)]

Prohibition on Purchase and Sale of Human Fetal Tissue

[Tex. Penal Code Ann. §48.03]

Driving While Intoxicated with a Child Passenger

[Tex. Penal Code Ann. §49.045]

Class A Misdemeanor Unlawful Carrying of Weapons (not committed on premises licensed

for the sale of alcoholic beverages)
[Tex. Penal Code Ann. §46.02(a), (b)]

Unlawful Carrying of Handgun by License Holder (not committed on

premises licensed for alcoholic beverages; or on premises of a
correctional facility)
[Tex. Penal Code Ann. §46.035(a), (a-1) - (a-3), (b)(2), (4), (5), (6),
(c), (d) (e), (g)]

Unlawful Possession of Firearm (if convicted of assault involving

family violence or subject to a protective order)
[Tex. Penal Code Ann. §46.04(b), (c), (e)]

Prohibited Weapons (involving knuckles)

[Tex. Penal Code Ann. §46.05(a)(5), (e)]

Unlawful Transfer of Certain Weapons (if weapon is not a handgun)

[Tex. Penal Code Ann. §46.06(a), (d)]

Hoax Bomb
[Tex. Penal Code Ann. §46.08]

Making a Firearm Accessible to a Child (if child discharges

firearm and causes death or serious bodily injury)
[Tex. Penal Code Ann. §46.13(b), (e)]

Note on Enhancement: Penalty if Offense Committed Within Weapon-Free School Zone

(punishment for Chapter 46 weapons offenses is increased to the next
higher category for offenses committed in a place the actor knew was
within 300 feet of a school, at a school function, or at a University
Interscholastic League event)
[Tex. Penal Code Ann. §46.11]

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Classification Offense
Class A Misdemeanor (cont.)

Gambling Promotion
[Tex. Penal Code Ann. §47.03]

Keeping a Gambling Place

[Tex. Penal Code Ann. §47.04]

Communicating Gambling Information

[Tex. Penal Code Ann. §47.05]

Possession of Gambling Device, Equipment, or Paraphernalia

[Tex. Penal Code Ann. §47.06(a), (b), (c), (e)]

Prohibitions Relating to Certain Cigarettes

[Tex. Penal Code Ann. §48.015]

Prohibition of the Purchase and Sale of Human Organs

[Tex. Penal Code Ann. §48.02]

Prohibition on Purchase and Sale of Adult Stem Cells for Certain

Treatments
[Tex. Penal Code Ann. §48.03]

Driving While Intoxicated (if previously convicted; with a possible

minimum 30 days confinement or first offense if blood alcohol
content of .15 or more)
[Tex. Penal Code Ann. §§49.04(a); 49.09(a), (d) (e)]

Flying While Intoxicated (if previously convicted, with a possible

minimum 30 days confinement;
[Tex. Penal Code Ann. §49.05(a); 49.09 (a), (e)]

Boating While Intoxicated (if previously convicted under this section;

with a possible minimum 30 days confinement)
[Tex. Penal Code Ann. §49.06(a); 49.09 (a), (e)]

Assembling or Operating an Amusement Ride While

Intoxicated (if previously convicted under this section; with a possible
minimum 30 days confinement)
[Tex. Penal Code Ann. §49.065; 49.09(a), (e)]

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Classification Offense
Class B Misdemeanor Driving While Intoxicated (minimum 72 hours confinement; if open
container, minimum six days confinement)
[Tex. Penal Code Ann. §49.04]

Flying While Intoxicated (minimum 72 hours confinement)

[Tex. Penal Code Ann. §49.05]

Boating While Intoxicated (minimum 72 hours confinement)

[Tex. Penal Code Ann. §49.06]

Assembling or Operating an Amusement Ride While Intoxicated

(minimum 72 hours confinement)
[Tex. Penal Code Ann. §49.065]
 
Class C Misdemeanor

Unlawful Carrying of Weapons (under 18 with a location-restricted

knife)
[Tex. Penal Code Ann. §46.02(a-4), (d)]

Places Weapons Prohibited (location-restricted knife)

[Tex. Penal Code Ann. §46.03(a), (g-1)]

Making a Firearm Accessible to a Child (not involving discharge of

firearm causing death or serious bodily injury)
[Tex. Penal Code Ann. §46.13(b), (d)]

Note on Enhancement: Penalty if Offense Committed Within Weapon-Free School Zone

(punishment for Chapter 46 weapons offenses is increased to the next
higher category for offenses committed in a place the actor knew was
within 300 feet of a school, at a school function, or at a University
Interscholastic League event)
[Tex. Penal Code Ann. §46.11]

Gambling
[Tex. Penal Code Ann. §47.02]

Smoking Tobacco (E-cigs added in prohibited places)

[Tex. Penal Code Ann. §48.01]

Public Intoxication (includes any location that has been issued a

license or permit under the Alcoholic Beverage Code.)
[Tex. Penal Code Ann. §49.02(a), (c)]

Possession of Alcoholic Beverage in Motor Vehicle

[Tex. Penal Code Ann. §49.031(b), (d); see also §49.11(b), requiring
proof of a culpable mental state]

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TITLE 11. ORGANIZED CRIME

CLASSIFICATION AND PUNISHMENT
TEXAS PENAL CODE

Classification Offense
First Degree Felony Directing Activities of a Gang (if a person knowingly finances, directs,
or supervises the commission of, or a conspiracy to commit one or
more of the following listed offenses by members of a criminal street
gang:
• A 3g offense;
• A felony involving a deadly weapon; or
• Certain first degree drug offenses)
[Tex. Penal Code Ann § 71.023]

Minimum punishment is increased to 25 years.

[Tex. Penal Code Ann § 71.023(b)]
Second Degree Felony Coercing, Soliciting, or Inducing Gang Membership (subsequent
offense)
[Tex. Penal Code Ann. §71.022(a), (a-1), (c)]

Third Degree Felony Coercing, Soliciting, or Inducing Gang Membership (requires the
commission of a Class A misdemeanor or higher offense as a
condition of gang membership, or by causing bodily injury to the child
or a member of the child’s family, or threatening to cause bodily injury
to the child or a member of the child’s family)
[Tex. Penal Code Ann. § 71.022(a), (a-1), (b)]

Class A Misdemeanor Violation of Court Order Enjoining Organized Criminal Activity

[Tex. Penal Code Ann. § 71.021]

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Classification Offense
Engaging in Organized Punishment for Engaging in Organized Criminal Activity is based
Criminal Activity upon the most serious offense committed
[Tex. Penal Code Ann. §71.02(a), (b)]

If most serious offense committed is an Aggravated Sexual Assault,

the offender is over 18 and the victim is:
Younger than six;
Younger than 14 and the offensive involved penetration of the
sexual organ or anus; or
Younger than 17 and suffered serious bodily injury or death, then
punishment is life without parole.
[Tex. Penal Code Ann. §71.02(a), (b)(1)]

Minimum punishment increased from 5 to 30 years if offense is

continuous smuggling of persons that results in sexual assault or
serious bodily injury to the victim
[Tex. Penal Code Ann. 71.02(a), (b)(2)]

Minimum punishment increased from 5 years to 15 years if highest

degree offense is a first degree felony
[Tex. Penal Code Ann. §71.02(a), (b)(3)]

Enhancement Enhances certain engaging in organized criminal activity offenses if

person is 17 or older and offense is committed in a gang-free zone
except that felonies of the first degree remain the same.
[Tex. Penal Code Ann. §71.028]

Committing an offense Punishment for offenses committed under §71.02 is one category
higher than the most serious offense committed, except that felonies of
the first degree have an increased minimum punishment.
[Tex. Penal Code Ann. § 71.02(b)(2)]

Conspiring to commit Punishment for offenses conspired to be committed under §71.02

an offense is of the same degree as the most serious offense the actor conspired to
commit.
[Tex. Penal Code Ann. §71.02(c), (d)]

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CLASSIFICATION OF CONTROLLED SUBSTANCE OFFENSES

HEALTH & SAFETY CODE

Classification Offense
Capital Felony none

First Degree Felony Manufacture or Delivery of Substance in Penalty Group 1 (four grams
or more but less than 200 grams)
[Tex. Health & Safety Code Ann. §481.112(a), (d)]
[Tex. Health & Safety Code Ann. §481.102, Penalty Group 1 listing]

Manufacture or Delivery of Substance in Penalty Group 1 (200 grams

or more but less than 400 grams; minimum sentence raised to 10 years
and maximum fine not to exceed $100,000)
[Tex. Health & Safety Code Ann. §481.112(a), (e)]

Manufacture or Delivery of Substance in Penalty Group 1 (400 grams

or more; minimum sentence raised to 15 years and maximum fine not
to exceed $250,000)
[Tex. Health & Safety Code Ann. §481.112(a), (f)]

Manufacture or Delivery of Substance in Penalty Group 1-A (80 abuse

units of the controlled substance or more but fewer than 4,000)
[Tex. Health & Safety Code Ann. §481.1121(a), (b)(3)]
[Tex. Health & Safety Code Ann. §481.1021, Penalty Group 1-A
listing]

Manufacture or Delivery of Substance in Penalty Group 1-A (more

than 4,000 abuse units; minimum sentence raised to 15 years and
maximum fine not to exceed $250,000)
[Tex. Health & Safety Code Ann. §481.1121(a), (b)(4)]

Manufacture or Delivery of Substance in Penalty Group 2 or 2-A (four

grams or more but less than 400 grams)
[Tex. Health & Safety Code Ann. §481.113(a), (d)]
[Tex. Health & Safety Code Ann. §481.103, Penalty Group 2 listing]

Manufacture of Substance in Penalty Group 2 (400 grams or more;

minimum sentence raised to 10 years and maximum fine not to exceed
$100,000)
[Tex. Health & Safety Code Ann. §481.113(a), (e)]

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Classification Offense
First Degree Felony Manufacture or Delivery of Substance in Penalty Group 3 or 4
(cont.) (200 grams or more but less than 400 grams)
[Tex. Health & Safety Code Ann. §481.114(a), (d)]
[Tex. Health & Safety Code Ann. §481.104, Penalty Group 3 listing
and §481.105, Penalty Group 4 listing]

Manufacture of Substance in Penalty Group 3 or 4 (400 grams or

more; minimum sentence raised to 10 years and maximum fine not to
exceed $100,000)
[Tex. Health & Safety Code Ann. §481.114(a), (e)]

Possession of Substance in Penalty Group 1 (200 grams or more but

less than 400 grams)
[Tex. Health & Safety Code Ann. §481.115(a), (e)]

Possession of Substance in Penalty Group 1 (400 grams or more;

minimum sentence raised to 10 years and maximum fine not to exceed
$100,000)
[Tex. Health & Safety Code Ann. §481.115(a), (f)]

Possession of Substance in Penalty Group 1-A (4,000 abuse units or

more but fewer than 8,000)
[Tex. Health & Safety Code Ann. §481.1151(a), (b)(4)]

Possession of Substance in Penalty Group 1-A (8,000 abuse units or

more; minimum sentence raised to 15 years and maximum fine not to
exceed $250,000)
[Tex. Health & Safety Code Ann. §481.1151(a), (b)(5)]

Possession of Substance in Penalty Group 2 (400 grams or more;

maximum fine not to exceed $50,000)
[Tex. Health & Safety Code Ann. §481.116(a), (e)]

Possession of Substance in Penalty Group 2-A (more than 2000

pounds; maximum fine not to exceed $50,000)
[Tex. Health & Safety Code Ann. §481.1161(b)(6)]

Possession of Substance in Penalty Group 3 (400 grams or more;

maximum fine not to exceed $50,000)
[Tex. Health & Safety Code Ann. §481.118(a), (e)]

Possession of Substance in Penalty Group 4 (400 grams or more;

maximum fine not to exceed $50,000)
[Tex. Health & Safety Code Ann. §481.118(a), (e)]

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Classification Offense
First Degree Felony Delivery of Marihuana (2,000 pounds or less but more than 50 pounds)
(cont.) [Tex. Health & Safety Code Ann. §481.120(a), (b)(5)]

Delivery of Marihuana (more than 2,000 pounds; minimum sentence

raised to 10 years and maximum fine not to exceed $100,000)
[Tex. Health & Safety Code Ann. §481.120(a), (b)(6)]

Possession of Marihuana (more than 2,000 pounds; maximum fine not

to exceed $50,000)
[Tex. Health & Safety Code Ann. §481.121(a), (b)(6)]

Illegal Barter, Expenditure, or Investment

[Tex. Health & Safety Code Ann. §481.126(a)(1) and (3), (b)]

Use of Child in Commission of Offense (defendant used or threatened

to use force against child or another to gain child’s assistance in
certain manufacture or delivery cases under §§481.112, 481.1121,
481.113, 481.114, 481.120, or 481.122)
[Tex. Health & Safety Code Ann. §481.140(a)]

Second Degree Felony Manufacture or Delivery of Substance in Penalty Group 1 (one gram
or more but less than four grams)
[Tex. Health & Safety Code Ann. §481.112(a), (c)]

Manufacture or Delivery of Substance in Penalty Group 1-A (20 abuse

units or more but fewer than 80)
[Tex. Health & Safety Code Ann. §481.1121(a), (b)(2)]

Manufacture or Delivery of Substance in Penalty Group 2 or 2-A (one

gram or more but less than four grams)
[Tex. Health & Safety Code Ann. §481.113(a), (c)]

Manufacture or Delivery of Substance in Penalty Group 3 or 4 (28

grams or more but less than 200 grams)
[Tex. Health & Safety Code Ann. §481.114(a), (c)]

Possession of Substance in Penalty Group 1 (four grams or more but

less than 200 grams)
[Tex. Health & Safety Code Ann. §481.115(a), (d)]

Possession of Substance in Penalty Group 1-A (80 abuse units or more

but fewer than 4,000)
[Tex. Health & Safety Code Ann. §481.1151(a), (b)(3)]

Possession of Substance in Penalty Group 2 (four grams or more but

less than 400 grams)
[Tex. Health & Safety Code Ann. §481.116(a), (d)]

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Classification Offense
Second Degree Felony (cont.)
Possession of Substance in Penalty Group 2-A (2000 pounds or less
but more than 50 pounds)
[Tex. Health & Safety Code Ann. §481.1161(b)(5)]

Possession of Substance in Penalty Group 3 (200 grams or

more but less than 400 grams)
[Tex. Health & Safety Code Ann. §481.117(a), (d)]

Possession of Substance in Penalty Group 4 (200 grams or more but

less than 400 grams)
[Tex. Health & Safety Code Ann. §481.118(a), (d)]

Delivery of Marihuana (50 pounds or less but more than five pounds)
[Tex. Health & Safety Code Ann. §481.120(a), (b)(4)]

Possession of Marihuana (2,000 pounds or less but more than 50

pounds)
[Tex. Health & Safety Code Ann. §481.121(a), (b)(5)]

Delivery of Controlled Substance or Marihuana to Child

[Tex. Health & Safety Code Ann. §481.122(a), (c)]

Possession or Transport of Certain Chemicals with Intent to

Manufacture Controlled Substance (for substances listed in Penalty
Group 1 or 1-A)
[Tex. Health & Safety Code Ann. §481.124(a), (d)(1)]

Illegal Barter, Expenditure, or Investment

[Tex. Health & Safety Code Ann. §481.126(a)(2) and (4), (b)]

Fraud (fraudulently distributing or using a Schedule I or II controlled

substance)
[Tex. Health & Safety Code Ann. §481.129(a), (d)(1)]

Fraud (fraudulently obtains a prescription for a controlled substance or

a controlled substance in Schedule I or II from a practitioner)
[Tex. Health & Safety Code Ann. §481.129(a-1)]

Fraud (delivery of prescription form or prescription for a Schedule II

controlled substance)
[Tex. Health & Safety Code Ann. §481.129(c)(1), (f)(1)]

Note on Enhancement: Drug-Free Zones (for offenses punishable as second degree felonies
under §§481.112, 481.1121, 481.113, 481.114, or 481.120,
punishment is increased to a felony of the first degree)
[Tex. Health & Safety Code Ann. §481.134(b)]

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Classification Offense
Note on Enhancement: Use of Child in Commission of Offense (for offenses punishable as
second degree felonies under §§481.112, 481.1121, 481.113, 481.114,
481.120, or 481.122, punishment is increased to a felony of the first
degree)
[Tex. Health & Safety Code Ann. §481.140(a)]

Note on Enhancement: Manufacture or Delivery of Controlled Substance Causing Death or

Serious Bodily Injury (for offenses punishable as second degree
felonies under §§481.112, 481.1121, 481.113, 481.114, or 481.122,
punishment is increased to a felony of the first degree)
[Tex. Health & Safety Code Ann. §481.141(a), (b)]

Third Degree Felony Possession of Substance in Penalty Group 1 (one gram or more but
less than four grams)
[Tex. Health & Safety Code Ann. §481.115(a), (c)]

Possession of Substance in Penalty Group 1-A (20 abuse units or more

but fewer than 80)
[Tex. Health & Safety Code Ann. §481.1151(a), (b)(2)]

Possession of Substance in Penalty Group 2 (one gram or more but

less than four grams)
[Tex. Health & Safety Code Ann. §481.116(a), (c)]

Possession of Substance in Penalty Group 2-A (50 pounds or less but

more than 5 pounds)
[Tex. Health & Safety Code Ann. §481.1161(b)(4)]

Possession of Substance in Penalty Group 3 (28 grams or more but less

than 200 grams)
[Tex. Health & Safety Code Ann. §481.117(a), (c)]

Possession of Substance in Penalty Group 4 (28 grams or more but less

than 200 grams)
[Tex. Health & Safety Code Ann. §481.118(a), (c)]

Manufacture, Delivery, or Possession with Intent to Deliver

Miscellaneous Substances (if previously convicted two times or more
under this subsection)
[Tex. Health & Safety Code Ann. §481.119(a)(2)]

Possession of Marihuana (50 pounds or less but more than five

pounds)
[Tex. Health & Safety Code Ann. §481.121(a), (b)(4)]

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Classification Offense
Third Degree (cont.) Possession or Transport of Certain Chemicals with Intent to
Manufacture Controlled Substance (for substances listed in Penalty
Group 2)
[Tex. Health & Safety Code Ann. §481.124(a), (d)(2)]

Possession or Transport of Anhydrous Ammonia; Use of or Tampering

with Equipment
[Tex. Health & Safety Code Ann. §481.1245]

Fraud (fraudulently distributing or using a Schedule III or IV

controlled substance)
[Tex. Health & Safety Code Ann. §481.129(a), (d)(2)]

Fraud (fraudulently obtains a prescription for a controlled substance or

a controlled substance in Schedule III or IV from a practitioner)
[Tex. Health & Safety Code Ann. §481.129(a-1)]

Fraud (delivery of prescription form or prescription for a Schedule III,

IV or V controlled substance)
[Tex. Health & Safety Code Ann. §481.129(c)(1), (f)(2)]

Note on Enhancement: Drug-Free Zones (for offenses punishable as third degree felonies
under §§481.112(b), 481.1121, 481.113(b), 481.114(b), 481.115(b),
481.116(b), 481.120(b)(3), 481.121(b)(3), punishment is increased to a
felony of the second degree) if offenses under if committed within
1,000 feet of school or youth center property, playground, or on a
school bus)
[Tex. Health & Safety Code Ann. §481.134(a)(3), (d)]

Unlawful Transfer or Receipt of Chemical Precursor (if previously

convicted under this section)
[Tex. Health & Safety Code Ann. §481.136]

Transfer of Precursor Substance for Unlawful Manufacture

[Tex. Health & Safety Code Ann. §481.137]

Unlawful Transfer or Receipt of Chemical Laboratory Apparatus (if

previously convicted under this section)
[Tex. Health & Safety Code Ann. §481.138]

Transfer of Chemical Laboratory Apparatus for Unlawful Manufacture

[Tex. Health & Safety Code Ann. §481.139]

Delivery of Volatile Chemicals to a Minor (if committed within 1,000

feet of a school or playground, on a school bus, or within 300 feet of a
youth center, public pool, or video arcade)
[Tex. Health & Safety Code Ann. §484.005(a), (f)]

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State Jail Felony Manufacture or Delivery of Substance in Penalty Group 1 (less than
one gram)
[Tex. Health & Safety Code Ann. §481.112(a), (b)]

Manufacture or Delivery of Substance in Penalty Group 1-A (fewer

than 20 abuse units)
[Tex. Health & Safety Code Ann. §481.1121(a), (b)(1)]

Manufacture or Delivery of Substance in Penalty Group 2 or 2-A (less

than one gram)
[Tex. Health & Safety Code Ann. §481.113(a), (b)]

Manufacture or Delivery of Substance in Penalty Group 3 or 4

(less than 28 grams)
[Tex. Health & Safety Code Ann. §481.114(a), (b)]

Possession of Substance in Penalty Group 1 (less than one gram)

[Tex. Health & Safety Code Ann. §481.115(a), (b)]

Possession of Substance in Penalty Group 1-A (fewer than 20 abuse

units)
[Tex. Health & Safety Code Ann. §481.1151(a), (b)(1)]

Possession of Substance in Penalty Group 2 (less than one gram)

[Tex. Health & Safety Code Ann. §481.116(a), (b)]

Possession of Substance in Penalty Group 2-A (five pounds or less but

more than four ounces)
[Tex. Health & Safety Code Ann. §481.1161(b)(3)]

Manufacture, Delivery, or Possession with Intent to Deliver

Miscellaneous Substances (if previously convicted under this
subsection)
[Tex. Health & Safety Code Ann. §481.119(a)(1)]

Delivery of Marihuana (five pounds or less but more than one-fourth

ounce)
[Tex. Health & Safety Code Ann. §481.120(a), (b)(3)]

Possession of Marihuana (five pounds or less but more than four

ounces)
[Tex. Health & Safety Code Ann. §481.121(a), (b)(3)]

Possession or Transport of Certain Chemicals with Intent to

Manufacture Controlled Substance (for substances listed in Penalty
Group 3 or 4)
[Tex. Health & Safety Code Ann. §481.124(a), (d)(3)]

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Classification Offense
State Jail Felony cont.
Possession or Delivery of Drug Paraphernalia (actor is 18 or older and
person who receives or is intended to receive paraphernalia is younger
than 18 and at least three years younger than actor)
[Tex. Health & Safety Code Ann. §481.125(c), (f)]

Unauthorized Disclosure of Information

[Tex. Health & Safety Code Ann. §481.127]

Commercial Matters (for knowing acts; if act is negligent, a civil

penalty of not more than $1,000 for each act may be imposed)
[Tex. Health & Safety Code Ann. §481.128(a), (c), (d)]

Fraud (possession of prescription form or prescription for a

Schedule II or III controlled substance)
[Tex. Health & Safety Code Ann. §481.129(c)(2), (g)(1)]

Diversion of Controlled Substance Property or Plant

[Tex. Health & Safety Code Ann. §481.131]

Drug-Free Zones (for offenses under §§481.117(b), 481.119(a),

481.120(b)(2), 481.121(b)(2), if committed within 1,000 feet of
school or youth center property, playground, or on a school bus)
[Tex. Health & Safety Code Ann. §481.134(a)(3), (e)]

Unlawful Transfer or Receipt of Chemical Precursor (if not previously

convicted under this section or §481.137)
[Tex. Health & Safety Code Ann. §481.136]

Unlawful Transfer or Receipt of Chemical Laboratory Apparatus (if

not previously convicted under this section)
[Tex. Health & Safety Code Ann. §481.138]

Unlawful Delivery or Manufacture with Intent to Deliver

[Tex. Health & Safety Code Ann. §482.002(a), (d)]

Delivery or Offer of Delivery of Dangerous Drug

[Tex. Health & Safety Code Ann. §483.042(a), (d)]

Manufacture of Dangerous Drug

[Tex. Health & Safety Code Ann. §483.043]

Delivery of Volatile Chemicals to a Minor (committed at a business

establishment and actor is not an owner or employee of business)
[Tex. Health & Safety Code Ann. §484.005(a), (e)(2)]

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Classification Offense
State Jail Felony cont. Delivery of Abusable Volatile Chemicals to a Minor
[Tex. Health & Safety Code Ann. §485.032(a), (d)]

Note: This offense may be a Class A or B Misdemeanor, depending on

whether the defendant had a sales permit, tax permit, or previous
conviction.

Note on Enhancement: Drug-Free Zones (for offenses punishable as state jail felonies under
§§481.112, 481.113, 481.114, or 481.120, punishment is increased to
felony of the third degree)
[Tex. Health & Safety Code Ann. §481.134(b)]

Note on Enhancement: Use of Child in Commission of Offense (for offenses punishable as

state jail felonies under §§481.112, 481.1121, 481.113, 481.114, or
481.120, punishment is increased to felony of the third degree, unless
defendant used or threatened to use force against a child or another to
gain child’s assistance, in which case the punishment is a felony of the
first degree)
[Tex. Health & Safety Code Ann. §481.140(a)]

Note on Enhancement: Manufacture or Delivery of Controlled Substance Causing Death or

Serious Bodily Injury (for offenses punishable as state jail felonies
under §§481.112, 481.1121, 481.113, or 481.114, punishment is
increased to a felony of the third degree)
[Tex. Health & Safety Code Ann. §481.141(a), (b)]

Community Supervision For offenses under §§481.115(b), 481.1151(b)(1) (unless actor has
more than 5 abuse units), 481.116(b), 481.121(b)(3) (unless actor has
more than one pound of marihuana), or 481.129(g)(1), the judge shall
suspend the sentence and place defendant on community supervision;
if defendant previously convicted of a felony, judge has the option of
ordering community supervision or executing sentence.

Class A Misdemeanor Possession of Substance in Penalty Group 2-A (four ounces or less but
more than two ounces)
[Tex. Health & Safety Code Ann. §481.1161(b)(2)]

Possession of Substance in Penalty Group 3 (less than 28 grams)

[Tex. Health & Safety Code Ann. §481.117(a), (b)]

Manufacture, Delivery, or Possession with Intent to Deliver

Miscellaneous Substances
[Tex. Health & Safety Code Ann. §481.119(a)]

Delivery of Marihuana (one-fourth ounce or less and receives

remuneration)
[Tex. Health & Safety Code Ann. §481.120(a), (b)(2)]
       
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Classification Offense
Class A Misdemeanor
(cont.) Possession of Marihuana (four ounces or less but more than two
ounces)
[Tex. Health & Safety Code Ann. §481.121(a), (b)(2)]

Possession or Transport of Certain Chemicals with Intent to

Manufacture Controlled Substance (for substance listed in a Schedule
but not in a Penalty Group)
[Tex. Health & Safety Code Ann. §481.124(a), (d)(4)]

Possession or Delivery of Drug Paraphernalia (delivering, possessing

with intent to deliver or manufacturing with intent to deliver;
punishable by confinement in jail for a term of not more than one year
or less than 90 days, if previously convicted under Subsection (b) or
(c))
[Tex. Health & Safety Code Ann. §481.125(b), (c), (e)]

Fraud (fraudulently distributing or using a Schedule V controlled

substance)
[Tex. Health & Safety Code Ann. §481.129(a), (d)(3)]

Fraud (manufacturing, delivering or possessing counterfeit substance)

[Tex. Health & Safety Code Ann. §481.129(b), (e)]

Fraud (fraudulently obtains a prescription for a controlled substance or

a controlled substance in Schedule V from a practitioner)
[Tex. Health & Safety Code Ann. §481.129(a-1)]

Falsification of Drug Test Results (delivery or manufacture)

[Tex. Health & Safety Code Ann. §481.133(b), (e)]

Drug-Free Zones (for offenses under sections 481.118(b), 481.119(b),

481.120(b)(1), 481.121(b)(1); if committed within 1,000 feet of
school or youth center property, playground, or on a school bus)
[Tex. Health & Safety Code Ann. §481.134(a)(3), (f)]

Possession of Dangerous Drug

[Tex. Health & Safety Code Ann. §483.041]

Forging or Altering a Prescription for a Dangerous Drug (if previously

convicted under Chapter 483 of the Health & Safety Code)
[Tex. Health & Safety Code Ann. §483.045]

Failure to Retain Prescription (if previously convicted under Chapter

483 of the Health & Safety Code)
[Tex. Health & Safety Code Ann. §483.046]

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Classification Offense
Class A Misdemeanor
(cont.) Refilling Prescription Without Authorization (if previously convicted
under Chapter 483 of the Health & Safety Code)
[Tex. Health & Safety Code Ann. §483.047]

Unauthorized Communication of Prescription (if previously

convicted under Chapter 483 of the Health & Safety Code)
[Tex. Health & Safety Code Ann. §483.048]

Failure to Maintain Records (if previously convicted under Chapter

483 of the Health & Safety Code)
[Tex. Health & Safety Code Ann. §483.049]

Refusal to Permit Inspection (if previously convicted under Chapter

483 of the Health & Safety Code)
[Tex. Health & Safety Code Ann. §483.050]

Using or Revealing Trade Secret (if previously convicted under

Chapter 483 of the Health & Safety Code)
[Tex. Health & Safety Code Ann. §483.051]

Violation of Other Provision (if previously convicted under Chapter

483 of the Health & Safety Code)
[Tex. Health & Safety Code Ann. §483.052]

Abusable Synthetic Substances (if previously convicted under this

subsection or 32.42(b)(4) Tex. Penal Code)
[Tex. Health & Safety Code Ann. §484.002 (a), (b)]

Delivery of Abusable Volatile Chemicals to a Minor (without proof of

a volatile chemical sales permit and if not previously convicted under
this section for an offense committed after January 1, 1988)
[Tex. Health & Safety Code Ann. §485.032(a), (f)]

Inhalant Paraphernalia for Volatile Chemicals (delivering, possessing

with intent to deliver or sell, or manufacturing)
[Tex. Health & Safety Code Ann. §485.033(b), (c)]

Class B Misdemeanor Possession of Substance in Penalty Group 2-A (two ounces or less)
[Tex. Health & Safety Code Ann. §481.1161(b)(1)]

Possession of Substance in Penalty Group 4 (less than 28 grams)

[Tex. Health & Safety Code Ann. §481.118(a), (b)]

Manufacture, Delivery, or Possession of Miscellaneous Substances

(possession)
[Tex. Health & Safety Code Ann. §481.119(b)]

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Classification Offense
Class B Misdemeanor
(cont.) Delivery of Marihuana (one-fourth ounce or less without
remuneration)
[Tex. Health & Safety Code Ann. §481.120(a), (b)(1)]

Possession of Marihuana (two ounces or less)

[Tex. Health & Safety Code Ann. §481.121(a), (b)(1)]

Fraud (possession of prescription for a Schedule IV or V substance)

[Tex. Health & Safety Code Ann. §481.129(c)(2), (g)(2)]

Falsification of Drug Test Results (using or possessing with intent)

[Tex. Health & Safety Code Ann. §481.133(a), (d)]

Forging or Altering a Prescription for a Dangerous Drug (if not

previously convicted under Chapter 483 of the Health and Safety
Code)
[Tex. Health & Safety Code Ann. §483.045]

Failure to Retain Prescription (if not previously convicted under

Chapter 483 of the Health and Safety Code)
[Tex. Health & Safety Code Ann. §483.046]

Refilling Prescription Without Authorization (if not previously

convicted under Chapter 483 of the Health & Safety Code)
[Tex. Health & Safety Code Ann. §483.047]

Unauthorized Communication of Prescription (if not previously

convicted under Chapter 483 of the Health & Safety Code)
[Tex. Health & Safety Code Ann. §483.048]

Failure to Maintain Records (if not previously convicted under

Chapter 483 of the Health & Safety Code)
[Tex. Health & Safety Code Ann. §483.049]

Refusal to Permit Inspection (if not previously convicted under

Chapter 483 of the Health & Safety Code)
[Tex. Health & Safety Code Ann. §483.050]

Using or Revealing Trade Secret (if not previously convicted under

Chapter 483 of the Health & Safety Code)
[Tex. Health & Safety Code Ann. §483.051]

Violation of Other Provision (if not previously convicted under

Chapter 483 of the Health & Safety Code)
[Tex. Health & Safety Code Ann. §483.052]

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Classification Offense
Class B Misdemeanor Possession and Use of Abusable Volatile Chemicals
(cont.) [Tex. Health & Safety Code Ann. §485.031]

Delivery of Abusable Volatile Chemicals to a Minor (with proof of a

volatile chemical sales permit for the location of the sale)
[Tex. Health & Safety Code Ann. §485.032(a), (e)]

Inhalant Paraphernalia for Abusable Volatile Chemical (using or

possessing with intent to use)
[Tex. Health & Safety Code Ann. §485.033(a), (c)]

Sale of Abusable Volatile Chemical Without a Permit

[Tex. Health & Safety Code Ann. §485.035]

Class C Misdemeanor Possession or Delivery of Drug Paraphernalia (using or possessing

with intent to use)
[Tex. Health & Safety Code Ann. §481.125(a), (d)]

Abusable Synthetic Substances (if a person produces, distributes, sells,

or offers for sale a mislabeled abusable synthetic substance)
[Tex. Health & Safety Code Ann. §484.002 (a), (b)]

Failure to Post Sign for Abusable Volatile Chemicals

[Tex. Health & Safety Code Ann. §485.034]

Note on Enhancement: Drug-Free Zones if offense is committed within 1,000 feet of school or
youth center or on a school bus, minimum sentence is increased by
five years and maximum fine is doubled; pertains to Sections:
481.112(c), (d), (e), (f),
481.1121 (b)(2), (3), (4)
481.113(c), (d), (e),
481.114(c), (d), (e),
481.115(c), (d), (e), (f),
481.1151(b)(2), (3), (4), (5)
481.116(c), (d), (e),
481.117(c), (d), (e),
481.118(c), (d), (e),
481.120(b)(4), (5), and (6) and,
481.121(b)(4), (5), and (6)
[Tex. Health & Safety Code Ann. §481.134(b), (c)]

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LIFE IMPRISONMENT AS POSSIBLE PUNISHMENT FOR CONTROLLED SUBSTANCE OFFENSES

HEALTH & SAFETY CODE

Offense Punishment
Manufacture or Delivery (200 grams or more but less than 400 grams)
Substance in Penalty [Tex. Health & Safety Code Ann. §481.112(a), (e)]
Group 1 Punishable by imprisonment for life or for a term of not more than
99 years or less than 10 years, and a fine not to exceed $100,000.

Manufacture or Delivery (400 grams or more)

Substance in Penalty [Tex. Health & Safety Code Ann. §481.112(a), (f)]
Group 1 Punishable by imprisonment for life or for a term not more than 99
years or less than 15 years, and a fine not to exceed $250,000.

Manufacture or Delivery (4,000 abuse units or more)

Substance in Penalty [Tex. Health & Safety Code Ann. §481.1121(a), (b)(4)]
Group 1-A Punishable by imprisonment for life or for a term of not more than
99 years or less than 15 years, and a fine not to exceed $250,000

Manufacture or Delivery (400 grams or more)

Substance in Penalty [Tex. Health & Safety Code Ann. §481.113(a), (e)]
Group 2 Punishable by imprisonment for life or for a term not more than 99
years or less than 10 years, and a fine not to exceed $100,000.

Manufacture or Delivery (400 grams or more)

Substance in Penalty [Tex. Health & Safety Code Ann. §481.114(a), (e)]
Group 3 or 4 Punishable by imprisonment for life or for a term of not more than
99 years or less than 10 years, and a fine not to exceed $100,000.

Possession (400 grams or more)

Substance in Penalty [Tex. Health & Safety Code Ann. §481.115(a), (f)]
Group 1 Punishable by imprisonment for life or for a term not more than 99
years or less than 10 years, and a fine not to exceed $100,000.

Possession (8,000 abuse units or more)

Substance in Penalty [Tex. Health & Safety Code Ann. §481.1151(a), (b)(5)]
Group 1-A Punishable by imprisonment for life or for a term of not more than
99 years or less than 15 years, and a fine not to exceed $250,000.

Possession (400 grams or more)

Substance in Penalty [Tex. Health & Safety Code Ann. §481.116(a), (e)]
Group 2 Punishable by imprisonment for life or for a term of not more than
99 years or less than five years, and a fine not to exceed $50,000.

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Offense Punishment
Possession (400 grams or more)
Substance in Penalty [Tex. Health & Safety Code Ann. §481.117(a), (e)]
Group 3 Punishable by imprisonment for life or for a term of not more than
99 years or less than five years, and a fine not to exceed $50,000.

Possession (400 grams or more)

Substance in Penalty [Tex. Health & Safety Code Ann. §481.118(a), (e)]
Group 4 Punishable by imprisonment for life or for a term of not more than
99 years or less than five years, and a fine not to exceed $50,000.

Delivery of Marihuana (more than 2,000 pounds)

[Tex. Health & Safety Code Ann. §481.120(a), (b)(6)]
Punishable by imprisonment for life or for a term of not more than
99 years or less than 10 years, and a fine not to exceed $100,000.

Possession of Marihuana (more than 2,000 pounds)

[Tex. Health & Safety Code Ann. §481.121(a), (b)(6)]
Punishable by imprisonment for life or for a term of not more than
99 years or less than five years, and a fine not to exceed $50,000.

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TITLE 3. PROGRESSIVE SANCTIONS MODEL

FAMILY CODE

LEVEL ONE
[Tex. Family Code §59.004]

Triggers for Level One Sanctions:

• Conduct Indicating a Need for Supervision (CINS), other than conduct described in
§51.03 (b)(5) (conduct violating a school district’s written code of conduct for which
a child has been expelled) or a Class A or Class B misdemeanor
• Child referred to a juvenile probation department under §53.012 of the Juvenile
Justice Code, where the child is not adjudicated

Recommended Sanctions:
The juvenile court may:
• Require that the child attend counseling for his or her conduct
• Inform child of possible sanctions for future offenses
• Inform parent of responsibility to impose restrictions on child
• Provide child and family with information on obtaining needed social services
• Require child or parents to participate in early youth intervention services (STAR -
Services to At-Risk Youth), if the program is available
• Refer child to a community-based citizen intervention program approved by the
juvenile court (for example: a juvenile court mentoring program that uses citizen
volunteers)
• Release child to parent or guardian
• Require child to attend and successfully complete a sexting education program

Completion:
Child is discharged from the custody of the probation department after provisions are met.

LEVEL TWO
[Tex. Family Code §59.005]

Triggers for Level Two Sanctions:

• Conduct Indicating a Need for Supervision (CINS) under §51.03(b)(5), a Class A or
B misdemeanor, other than a misdemeanor involving the use or possession of a
firearm, or delinquent conduct under §51.03(a)(2)
• Subsequent offense for conduct that was a violation of a penal law and was
punishable under sanction level one
• Deferred prosecution under §53.03 of the Juvenile Justice Code
• Expulsion from an alternative education program (AEP) for serious misbehavior
under §37.007(c) of the Education Code

Recommended Sanctions:
The juvenile court may:
• Place child on deferred prosecution for not less than three or more than six months

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• Require child to make restitution to victim or perform community service restitution

appropriate to offense and child’s ability
• Require parent or guardian to identify restrictions they will impose on child’s
activities and behavior
• Provide child and family with information on obtaining needed social services
• Inform child of possible sanctions for future offenses
• Require child or parents to participate in early youth intervention services (STAR -
Services to At-Risk Youth), if such a program is available
• Refer child to community-based citizen intervention program approved by the
juvenile court (for example: a juvenile court mentoring program that uses citizen
volunteers)
• Impose additional conditions of probation, if appropriate

Completion:
Child is discharged from the custody of the probation department on the date the sanctions are
met or on child’s 18th birthday, whichever is earlier.

LEVEL THREE
[Tex. Family Code §59.006]

Triggers for Level Three Sanctions:

• Misdemeanor involving the use or possession of a firearm
• State Jail Felony
• Third Degree Felony
• Two or more subsequent offenses for conduct that was a violation of the penal laws
and was classified at a lower level than a previous offense (for example: two
subsequent offenses punishable under sanction level one, but previous offense was for
sanction level two)
• Subsequent offense for conduct that was a violation of a penal law and was
punishable under sanction level two

Recommended Sanctions:
The juvenile court may:
• Order probation for not less than six or more than 12 months
• Require child to make restitution to victim or perform community service restitution
appropriate to offense and child’s ability
• Impose specific restrictions on child’s activities and requirements for child's behavior
• Require child’s activities and behavior to be closely monitored by a probation officer
• Require child’s and/or parents’ participation in programs or services designated by
the court or probation officer
• Impose additional conditions of probation, if appropriate

Completion:
Child is discharged from the custody of the probation department on the date the sanctions are
met or on child’s 18th birthday, whichever is earlier.

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LEVEL FOUR
[Tex. Family Code §59.007]

Trigger for Level Four Sanctions:

• Second Degree Felony
• Two or more subsequent offenses for conduct that was a violation of the penal laws
and was classified at a lower level than a previous offense (for example: two
subsequent offenses punishable under sanction level one or two, but previous offense
was for sanction level three)
• Subsequent offense for conduct that was a violation of a penal law and was
punishable under sanction level three

Recommended Sanctions:
The juvenile court may:
• Require no less than three or more than 12 months in an intensive services probation
program as a condition of probation, emphasizing frequent contact and reporting with
a probation officer, discipline, intensive supervision services, social responsibility and
productive work
 After release from program, continue child on probation supervision
• Require child to make restitution to victim or perform community service restitution
appropriate to the offense and child’s ability
• Place highly structured restrictions on child’s activities and requirements for child’s
behavior
• Require child to be closely monitored by a probation officer
• Require child’s and/or parents’ participation in programs or services, as needed
• Impose additional conditions of probation, if appropriate

Completion:
Child is discharged from the custody of the probation department on the date the sanctions are
met or on child’s 18th birthday, whichever is earlier.

LEVEL FIVE
[Tex. Family Code §59.008]

Trigger for Level Five Sanctions:

• First Degree Felony, other than a felony involving the use of a deadly weapon or
causing serious bodily injury
• Two or more subsequent offenses for conduct that was a violation of the penal laws
and was classified at a lower level than a previous offense (for example: two
subsequent offenses punishable under sanction level one, two or three, but previous
offense was for sanction level four)
• Subsequent offense for conduct that was a violation of a penal law and was
punishable under sanction level four

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Recommended Sanctions:
The juvenile court may:
• Require six to 12 months in a post-adjudication secure correctional facility
• After release, continue child on probationary supervision
• Require child to make restitution to victim or perform community service restitution
appropriate to the offense and child's ability
• Place highly structured restrictions on child’s activities and requirements for child's
behavior
• Require child to be closely monitored by a probation officer
• Require child’s and/or parents’ participation in programs or services, as needed
• Impose additional sanctions, if appropriate

Completion:
Child is discharged from the custody of the probation department on the date the sanctions are
met or on child's 18th birthday, whichever is earlier.

LEVEL SIX
[Tex. Family Code §59.009]

Triggers for Level Six Sanctions:

• First Degree Felony involving the use of a deadly weapon or causing serious bodily
injury
• Aggravated Controlled Substance Felony
• Capital Felony
• Two or more subsequent offenses for conduct that was a violation of the penal laws
and classified at a lower level than a previous offense (for example: two subsequent
offenses punishable under sanction level one, two, three or four, but previous offense
was for sanction level five)
• Subsequent offense for conduct that was a violation of a penal law and was
punishable under sanction level five, unless the child’s previously assigned sanction
level is five and the child has not been adjudicated for delinquent conduct

Recommended Sanctions:
The juvenile court may commit child to the Texas Juvenile Justice Department (TJJD), where the
commission may impose the following:
• Require nine to 24 months in a highly structured residential program where the
commission may extend the placement if appropriate (period may be extended if
commission documents reason for extension)
• Require child to make restitution to victim or perform community service restitution
appropriate to the offense and child’s ability
• Require child’s and/or parents’ participation in programs or services, as needed
• Impose additional sanctions, if appropriate

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On release, the Texas Juvenile Justice Department’s parole program may:

• Require parole with highly structured restrictions on child’s activities and
requirements for child’s behavior
• Impose not less than six months of parole supervision
• Impose other parole supervision conditions, if appropriate

Completion:
Child is discharged from the custody of the commission on the date the sanctions are met or on
child's 19th birthday, whichever is earlier.

LEVEL SEVEN
[Tex. Family Code §59.010]

Triggers for Level Seven Sanctions:

• First Degree Felony involving the use of a deadly weapon or causing serious bodily
injury
• Aggravated Controlled Substance Felony
• Capital felony
• Subsequent offense for conduct that was a violation of a penal law and was
punishable under sanction level six, but only if the petition has been approved by a
grand jury (determinate sentencing petition under §53.045 of the Family Code)

Recommended Sanctions:
The juvenile court may certify the child and transfer the case to adult criminal court or commit
the child to the Texas Juvenile Justice Department (TJJD), where the commission may impose
the following:
• Require 12 months to 10 years in a highly structured residential program (period may
be extended if commission documents reason for extension)
• Require child to make restitution to victim or perform community service restitution
appropriate to the offense and child's ability
• Require child’s and/or parents’ participation in programs or services, as needed
• Impose additional sanctions, if appropriate

On release from supervision, the commission’s parole program may:

• Require parole with highly structured restrictions on child’s activities and
requirements for child’s behavior
• Impose parole supervision for not less than 12 months
• Impose other parole supervision conditions, if appropriate

Completion:
No completion restrictions are specified in the statute.

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JUVENILE CRIME INTERVENTION RESOURCES

Other publications and services available from Juvenile Crime Intervention:

School Crime and Discipline Handbook

(a practical reference guide to Texas education law) (only available on the Attorney
General’s website at
https://www.texasattorneygeneral.gov/files/cj/schoolcrime_2013.pdf)

Juvenile Justice Handbook

(a practical reference guide to Texas juvenile law) (only available on the Attorney
General’s website at
https://www.texasattorneygeneral.gov/files/cj/juvenile_justice.pdf)

For More Information, Contact:

Juvenile Crime Intervention

Criminal Prosecutions Division
P.O. Box 12548
Austin, Texas 78711-2548

Telephone: (512) 463-4024

Fax: (512) 469-3173
E-mail: [email protected]

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