Criminal Law - Texas

HOW A CRIMINAL CASE IS STARTED

 A criminal case is prosecuted in the name of the State of Texas against the accused (defendant), and is conducted by the appropriate prosecuting attorney (prosecutor) acting under the authority of the State of Texas.


Prosecution of a Class C Misdemeanor in municipal or justice court is initiated by filing a complaint. A complaint is a written affidavit made by some credible person charging the defendant with the commission of an offense. 


Prosecution of a Class A or B Misdemeanor in a county court, county court at law or county criminal court is initiated by filing an information, which charges the defendant with the commission of an offense.


A felony is prosecuted in a district court or criminal district court and a grand jury indictment (sometimes called “bill of indictment”) is required unless waived by the defendant. 

PUNISHMENT CATEGORIES

 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


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 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 fine and confinement


Class C Misdemeanor: [Tex. Penal Code §12.23]

• Fine not to exceed $500 

HOW A CRIMINAL CASE IS RESOLVED

 Plea Bargain:

The State and Defense may resolve the case by agreeing on a punishment or disposition of the case.


Nonnegotiated Guilty Plea (Open Plea):

The judge has the responsibility to assess the punishment applicable to the offense because the State and Defense did not reach an agreement on punishment or resolution of the case. 


Trial:

The Texas Constitution guarantees the accused in all criminal prosecutions the right to a trial by jury. The defendant may waive trial by jury and proceed with trial to the court (judge) with the consent of the judge and the prosecutor except a capital felony in which the state seeks the death penalty.


Dismissal:

The prosecutor may, with the consent of the judge, dismiss a criminal case. Common reasons for dismissal include: (1) insufficient evidence; (2) crucial evidence is suppressed (excluded) because of an illegal arrest or search; (3) the case is re-filed to correct mistakes in the information or indictment or to better plead the case; (4) at the request of the victim; (5) the defendant pleads guilty to other offenses; (6) the defendant has never been arrested; or (7) necessary witnesses cannot be located. 

TEXAS CRIMES - FELONIES

The following is not an exhaustive list of Texas Crimes. Each crime has elements that the State must prove beyond a reasonable doubt in order to obtain a conviction. Prior convictions or criminal history can cause an offense to be enhanced to the next offense level. Drug transactions in a Drug Free Zone may cause the offense to be enhanced to the next offense level.


Capital Felony:

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

First Degree Felony:

  • Murder [Tex. Penal Code Ann. §19.02(b), (c)]
  • Trafficking of Persons [Tex. Penal Code Ann. §20A.02(a), (b)]
  • Continuous Trafficking of Persons [Tex. Penal Code Ann. §20A.03(a)-(e)]
  • Aggravated Kidnapping [Tex. Penal Code Ann. §20.04(a) - (c)]
  • Continuous Smuggling of Persons [Tex. Penal Code Ann. §20.06(f)]
  • Continuous Smuggling of Persons [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 [Tex. Penal Code Ann. §22.02(a), (b), (b-3)]
  • Aggravated Sexual Assault [Tex. Penal Code Ann. §22.021(a), (c), (3), (e), (f)]
  • Sexual Assault [Tex. Penal Code Ann. §22.011(f)]
  • Injury to a Child, Elderly Individual, or Disabled Individual [Tex. Penal Code Ann. §22.04(a)(1) and (2), (e)]
  • Tampering with Consumer Product [Tex. Penal Code Ann. §22.09(b), (d)]
  • Bigamy [Tex. Penal Code Ann. §25.01(e)]
  • Arson [Tex. Penal Code Ann. §28.02(a), (d)]
  • Criminal Mischief [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) [Tex. Penal Code Ann. §28.08(a), (b)(6)]
  • Aggravated Robbery [Tex. Penal Code Ann. §29.03]
  • Burglary [Tex. Penal Code Ann. §30.02(a), (d)]
  • Theft [Tex. Penal Code Ann. §31.03(a), (e)(6), (e)(7), (f)]
  • Theft of Service (value of $300,000 or more) [Tex. Penal Code Ann. §31.04(a), (e)(7)]
  • False Statement to Obtain Property or Credit ($300,000 or more) [Tex. Penal Code Ann. §32.32(b), (b-1), (c)(7), (d), (e)]
  • Fraudulent Transfer of a Motor Vehicle [Tex. Penal Code Ann. §32.34(b)(1)-(3), (f)(4)]
  • Credit Card Transaction Record Laundering [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 [Tex. Penal Code Ann. §32.45(b), (c)(7), (d)]
  • Securing Execution of Document by Deception [Tex. Penal Code Ann. §32.46(a)(1), (b)(7), (c-1)]
  • Breach of Computer Security [Tex. Penal Code Ann. §33.02(b-1), (b-2)(4)]
  • Electronic Data Tampering [Tex. Penal Code Ann. §33.023]
  • Unlawful Decryption [Tex. Penal Code Ann. §33.024]
  • Tampering with Direct Recording Electronic Voting Machine [Tex. Penal Code Ann. §33.025]
  • Unauthorized Use of Telecommunications Service [Tex. Penal Code Ann. §33A.02(a), (b)(6)]
  • Theft of Telecommunications Service [Tex. Penal Code Ann. §33A.04(a), (b)(6)]
  • Money Laundering [Tex. Penal Code Ann. §34.02(a), (e)(3)]
  • Insurance Fraud [Tex. Penal Code Ann. §35.02(a), (b), (d)(7)]
  • 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)]
  • Intoxication Assault (if victim is peace officer or judge) [Tex. Penal Code Ann. §49.09(a), (b-1)(2)]
  • 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:

  • Murder [Tex. Penal Code Ann. §19.02(b), (d)]
  • Manslaughter [Tex. Penal Code Ann. §19.04]
  • Trafficking of Persons [Tex. Penal Code Ann. §20A.02(a), (b)]
  • Aggravated Kidnapping [Tex. Penal Code Ann. §20.04(d)]
  • Smuggling of Persons [Tex. Penal Code Ann. §20.05(b)(1)]
  • Bestiality [Tex. Penal Code Ann. §21.09(b)]
  • Indecency with a Child [Tex. Penal Code Ann. §21.11(a)(1), (c), (d)]
  • Improper Relationship between Educator and Student [Tex. Penal Code Ann. §21.12(a), (b)]
  • Assault [Tex. Penal Code Ann. §22.01(a)(1), (b-2)]
  • Sexual Assault [Tex. Penal Code Ann. §22.011(a), (f)]
  • Aggravated Assault [Tex. Penal Code Ann. §22.02(a), (b)]
  • Injury to a Child, Elderly Individual, or Disabled Individual [Tex. Penal Code Ann. §22.04(a)(1), (a)(3), (2)(e), (3), (4)]
  • Abandoning or Endangering a Child [Tex. Penal Code Ann. §22.041(b), (e)]
  • Tampering with Consumer Product [Tex. Penal Code Ann. §22.09(b), (d)]
  • Bigamy [Tex. Penal Code Ann. §25.01(e)]
  • Prohibited Sexual Conduct [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)]
  • Arson [Tex. Penal Code Ann. §28.02(a), (d)]
  • Criminal Mischief [Tex. Penal Code Ann. §28.03(a), (b)(6)]
  • Interference with Railroad Property [Tex. Penal Code Ann. §28.07(b), (e)(5)]
  • Graffiti [Tex. Penal Code Ann. §28.08(a), (b)(5)]
  • Robbery [Tex. Penal Code Ann. §29.02]
  • Burglary (of a habitation) [Tex. Penal Code Ann. §30.02(a), (c)(2)]
  • Theft [Tex. Penal Code Ann. §31.03(a), (e)(6), (f)]
  • Theft of Service ($150,000 or more, but less than $300,000) [Tex. Penal Code Ann. §31.04(a), (e)(6)]
  • False Statement to Obtain Property or Credit [Tex. Penal Code Ann. §32.32(b), (b-1), (c)(6), (d), (e)]
  • Fraudulent Transfer of a Motor Vehicle [Tex. Penal Code Ann. §32.34(b)(1)-(3), (f)(3)]
  • Credit Card Transaction Record Laundering [Tex. Penal Code Ann. §32.35(b), (c), (e)(6)]
  • Illegal Recruitment of an Athlete [Tex. Penal Code Ann. §32.441(a), (b), (e)(6)]
  • Misapplication of Fiduciary Property or Property of Financial Institution [Tex. Penal Code Ann. §32.45(b), (c)(6), (d)]
  • Securing Execution of Document by Deception [Tex. Penal Code Ann. §32.46(a)(1), (b)(6), (c-1)]
  • Breach of Computer Security [Tex. Penal Code Ann. §33.02(b-1), (b-2)(3)]
  • Online Solicitation of a Minor [Tex. Penal Code Ann. §33.021(f)]
  • Electronic Data Tampering [Tex. Penal Code Ann. §33.023]
  • Unlawful Decryption [Tex. Penal Code Ann. §33.024]
  • Unauthorized Use of Telecommunications Service [Tex. Penal Code Ann. §33A.02(a), (b)(5)]
  • Theft of Telecommunications Service [Tex. Penal Code Ann. §33A.04(a), (b)(5)]
  • Money Laundering [Tex. Penal Code Ann. §34.02(a), (e)(2)]
  • Insurance Fraud [Tex. Penal Code Ann. §35.02(a), (b), (d)(6)]
  • 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)]
  • 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)]
  • 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]
  • Coercing, Soliciting, or Inducing Gang Membership (subsequent offense) [Tex. Penal Code Ann. §71.022(a), (a-1), (c)]

Third Degree Felony:

  • Unlawful Restraint [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 [Tex. Penal Code Ann. §21.11(a)(2), (d)]
  • Sexual Coercion [Tex. Penal Code Ann. §21.18(e)]
  • Assault (against a public servant) [Tex. Penal Code Ann. §22.01(a)(1), (b)(1), (b-1)]
  • Assault (against a family member) [Tex. Penal Code Ann. §22.01(a)(1), (b), (b)(6), (f)] 
  • Injury to a Child, Elderly Individual, or Disabled Individual [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 [Tex. Penal Code Ann. §22.05(b), (e), See also §22.02(b-3)]
  • Terroristic Threat [Tex. Penal Code Ann. §22.07(a)(4) - (6), (b)]
  • Tampering with Consumer Product [Tex. Penal Code Ann. §22.09(c), (d)]
  • Harassment by Persons in Certain Correctional Facilities [Tex. Penal Code Ann. §22.11(a), (b)]
  • Bigamy (without reference to age of prohibited spouse) [Tex. Penal Code Ann. §25.01(e)]
  • Prohibited Sexual Conduct [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 [Tex. Penal Code Ann. §25.07(a), (g)]
  • Violation of Protective Order Preventing Offense Caused by Bias or Prejudice [Tex. Penal Code Ann. §25.071(a), (d)]
  • Repeated Violation of Certain Court Orders or Conditions of Bond in a 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 [Tex. Penal Code Ann. §25.11]
  • Arson [Tex. Penal Code Ann. §28.03(a-1), (e)]
  • Criminal Mischief [Tex. Penal Code Ann. §28.03(a), (b)(5)]
  • Criminal Mischief to damage, destroy, or tamper with transportation communications equipment/devices [Tex. Penal Code Ann. §28.03(j)]
  • Interference with Railroad Property [Tex. Penal Code Ann. §28.07(b), (c), (e)(4)]
  • Graffiti [Tex. Penal Code Ann. §28.08(a), (b)(4)]
  • Burglary [Tex. Penal Code Ann. §30.02(c-1)]
  • Burglary of a Vehicle [Tex. Penal Code Ann. §30.04(d)(3)]
  • Theft [Tex. Penal Code Ann. §31.03(a), (e), (e)(5), (f)]
  • Theft of Service [Tex. Penal Code Ann. §31.04(a), (e)(5)]
  • Forgery [Tex. Penal Code Ann. §32.21(b), (e)]
  • Exploitation of Child, Elderly Individual or Disabled Individual [Tex. Penal Code Ann. §32.53]
  • False Statement to Obtain Property or Credit [Tex. Penal Code Ann. §32.32(b), (c)(5)]
  • Fraudulent Transfer of a Motor Vehicle [Tex. Penal Code Ann. §32.34(b)(1)-(3), (f)(2)]
  • Credit Card Transaction Record Laundering [Tex. Penal Code Ann. §32.35(b), (c), (e)(5)]
  • Illegal Recruitment of an Athlete (value is $30,000 or more but less than $150,000) [Tex. Penal Code Ann. §32.441(a), (b), (e)(5)]
  • Misapplication of Fiduciary Property or Property of Financial Institution [Tex. Penal Code Ann. §32.45(b), (c)(5), (d)]
  • Securing Execution of Document by Deception [Tex. Penal Code Ann. §32.46(a), (b)(5), (c-1)]
  • Breach of Computer Security [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 [Tex. Penal Code Ann. §33.023]
  • Unlawful Decryption [Tex. Penal Code Ann. §33.024]
  • Online Impersonation [Tex. Penal Code Ann. §33.07(a)]
  • Online Impersonation [Tex. Penal Code Ann. §33.07(b), (c)]
  • Unauthorized Use of Telecommunications Service [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 [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 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)]
  • 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 serious bodily injury) [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)]
  • 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)]
  • Unlawful Possession of Metal or Body Armor by Felon [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)]
  • 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 (DWI) (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)]
  • Intoxication Assault [Tex. Penal Code Ann. §49.07(a), (c)]
  • 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)]

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 [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 [Tex. Penal Code Ann. §22.04(a)(3), (f)]
  • Injury to a Child, Elderly Individual, or Disabled Individual [Tex. Penal Code Ann. §22.04(a), (g)]
  • Abandoning or Endangering a Child [Tex. Penal Code Ann. §22.041(b), (d)(1)]
  • Abandoning or Endangering a Child [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)]
  • Terroristic Threat [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]
  • Arson [Tex. Penal Code Ann. §28.02(a-1)]
  • Criminal Mischief [Tex. Penal Code Ann. §28.03(a), (b), (b)(4), (f), (h)]
  • Interference with Railroad Property [Tex. Penal Code Ann. §28.07(b), (e)(3)]
  • Graffiti [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)]
  • Burglary of Vehicles (involving a rail car) [Tex. Penal Code Ann. §30.04(a), (d)]
  • Theft [Tex. Penal Code Ann. §31.03(a), (e), (e)(4), (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 [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)]
  • Trademark Counterfeiting [Tex. Penal Code Ann. §32.23(b), (e)(4)]
  • Credit Card or Debit Card Abuse [Tex. Penal Code Ann. §32.31]
  • 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)]
  • Fraudulent Transfer of a Motor Vehicle [Tex. Penal Code Ann. §32.34(b)(1)-(3), (f)(1)]
  • Credit Card Transaction Record Laundering [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 [Tex. Penal Code Ann. §32.45(b), (c)(4), (d)]
  • Securing Execution of Document by Deception [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)]
  • Breach of Computer Security [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 [Tex. Penal Code Ann. §33.023]
  • Unlawful Decryption [Tex. Penal Code Ann. §33.024]
  • Unauthorized Use of Telecommunications Service [Tex. Penal Code Ann. §33A.02(a), (b)(3)]
  • Theft of Telecommunications Service [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)]
  • 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 [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]
  • 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)]
  • Driving While Intoxicated (DWI) with a Child Passenger [Tex. Penal Code Ann. §49.045]

TEXAS CRIMES - MISDEMEANORS

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)]
  • Deadly Conduct [Tex. Penal Code Ann. §22.05(a), (e)]
  • Terroristic Threat [Tex. Penal Code Ann. §22.07(a)(2) and (3), (c)]
  • 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)]
  • Criminal Mischief ($750 or more but less than $2,500; public water supply) [Tex. Penal Code Ann. §28.03(a), (b)(3)]
  • Interference with Railroad Property ($750 or more but less than $2,500) [Tex. Penal Code Ann. §28.07(b), (e)(2)]
  • Graffiti ($750 or more but less than $2,500) [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 (can be enhanced with previous conviction) [Tex. Penal Code Ann. §30.04(a), (d)]
  • 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)]
  • 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 [Tex. Penal Code Ann. §31.03(a), (e)(3), (f)]
  • Theft of Service ($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]
  • Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft [Tex. Penal Code Ann. §31.15]
  • Unauthorized Transfer of Certain Financial Information [Tex. Penal Code Ann. §31.17(b)(2)]
  • Forgery [Tex. Penal Code Ann. §32.21(b), (c)]
  • Criminal Simulation [Tex. Penal Code Ann. §32.22]
  • 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)]
  • Fraudulent Transfer of a Motor Vehicle (failure to disclose location of vehicle) [Tex. Penal Code Ann. §32.34(b)(4), (g)]
  • Credit Card Transaction Record Laundering ($750 or more but less than $2,500) [Tex. Penal Code Ann. §32.35(b), (c), (e)(3)]
  • Deceptive Business Practices [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 ($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 ($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 ($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. §32.46(a)(1), (b)(3), (c-1)]
  • Fraudulent Destruction, Removal, or Concealment of Writing [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 ($750 or more but less than $2,500) [Tex. Penal Code Ann. §33.023]
  • Unlawful Decryption ($750 or more but less than $2,500) [Tex. Penal Code Ann. §33.024]
  • Online Impersonation [Tex. Penal Code Ann. §33.07(b)]
  • Unauthorized Use of Telecommunications Service [Tex. Penal Code Ann. §33A.02(a), (b)(2)]
  • Theft of Telecommunications Service [Tex. Penal Code Ann. §33A.04(a), (b)(2)]
  • Publication of Telecommunications Access Device [Tex. Penal Code Ann. §33A.05]
  • Insurance Fraud ($750 or more but less than $2,500) [Tex. Penal Code Ann. §35.02(a), (b), (d)(3)]
  • 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 serious bodily injury) [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]
  • Electronic Transmission of Certain Visual Material Depicting Minor (crime involving sexting) [Tex. Penal Code Ann. §43.261]
  • 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)]
  • 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)]
  • 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]
  • Driving While Intoxicated (DWI) (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)]
  • Violation of Court Order Enjoining Organized Criminal Activity [Tex. Penal Code Ann. § 71.021]

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)]
  • Terroristic Threat [Tex. Penal Code Ann. §22.07(a)(1) and (2), (b)]
  • Enticing a Child [Tex. Penal Code Ann. §25.04]
  • Criminal Mischief ($100 or more but less than $750) [Tex. Penal Code Ann. §28.03(a), (b)(2)]
  • Interference with Railroad Property ($100 or more but less than $750 or throwing an object or is charging a firearm or weapon at a train) [Tex. Penal Code Ann. §28.07(b)(1), (c), (e)(1)]
  • Graffiti ($100 or more but less than $750) [Tex. Penal Code Ann. §28.08(a), (b)(1)]
  • Criminal Trespass [Tex. Penal Code Ann. §30.05(a), (d)]
  • Theft [Tex. Penal Code Ann. §31.03(a), (e)(2)(c), (f)]
  • Theft of Service ($100 or more but less than $750) [Tex. Penal Code Ann. §31.04(a), (e)(2)]
  • Unauthorized Acquisition of Certain Financial Information [Tex. Penal Code Ann. §31.17(b)(1)]
  • False Statement to Obtain Property or Credit ($100 or more but less than $750) [Tex. Penal Code Ann. §32.32(b), (b-1), (c)(2)]
  • Credit Card Transaction Record Laundering ($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 ($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 [Tex. Penal Code Ann. §32.45(b), (c)(2), (d)]
  • Securing Execution of Document by Deception ($100 or more but less than $750) [Tex. Penal Code Ann. §32.46(a)(1), (b)(2), (c)-1)]
  • Breach of Computer Security [Tex. Penal Code Ann. §33.02(a), (b)]
  • Electronic Data Tampering [Tex. Penal Code Ann. §33.023]
  • Unlawful Decryption [Tex. Penal Code Ann. §33.024]
  • Unauthorized Use of Telecommunications Service (value is less than $500) [Tex. Penal Code Ann. §33A.02(a), (b)(1)]
  • Theft of Telecommunications Service (value is less than $500) [Tex. Penal Code Ann. §33A.04(a), (b)(1)]
  • Insurance Fraud ($100 or more but less than $750) [Tex. Penal Code Ann. §35.02(a), (b), (d)(2)]
  • 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)]
  • 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]
  • 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)]
  • Driving While Intoxicated (DWI) (minimum 72 hours confinement; if open container, minimum six days confinement) [Tex. Penal Code Ann. §49.04]

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)]
  • 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]
  • Criminal Mischief (less than $100) [Tex. Penal Code Ann. §28.03(a), (b)(1)]
  • Reckless Damage or Destruction [Tex. Penal Code Ann. §28.04]
  • Interference with Railroad Property [Tex. Penal Code Ann. §28.07(b)(2), (d), (e)]
  • Criminal Trespass [Tex. Penal Code Ann. §30.05(a), (d), (e)]
  • Theft (less than $100; or less than $100 and knowingly used a hot check) [Tex. Penal Code Ann. §31.03(a), (b), (e)(1)]
  • Theft of Service (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)]
  • False Statement to Obtain Property or Credit (less than $100) [Tex. Penal Code Ann. §32.32(b), (b-1), (c)(1)]
  • Credit Card Transaction Record Laundering (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 [Tex. Penal Code Ann. §32.42(b)(1)-(6), (c)(1)]
  • Illegal Recruitment of an Athlete (less than $100) [Tex. Penal Code Ann. §32.441(a), (b), (e)(1)]
  • Misapplication of Fiduciary Property or Property of Financial Institution (less than $100) [Tex. Penal Code Ann. §32.45(b), (c)(1)]
  • Securing Execution of Document by Deception (less than $100) [Tex. Penal Code Ann. §32.46(a)(1), (b)(1)]
  • Insurance Fraud (less than $100) [Tex. Penal Code Ann. §35.02(a), (b), (d)(1)]
  • 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)]
  • 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)]
  • 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)]
  • 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)] 

CONTROLLED SUBSTANCE OFFENSES (DRUGS)

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)]
  • 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)]
  • Delivery of Marihuana (2,000 pounds or less but more than 50 pounds) [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

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)]
  • 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)]

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)]
  • 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)]

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)]
  • 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]
  • 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)]
  • Delivery of Abusable Volatile Chemicals to a Minor [Tex. Health & Safety Code Ann. §485.032(a), (d)]

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)]
  • 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]
  • 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]
  • 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)]
  • 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]
  • Violation of Other Provision (if not previously convicted under Chapter 483 of the Health & Safety Code) [Tex. Health & Safety Code Ann. §483.052]
  • Possession and Use of Abusable Volatile Chemicals [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]

 

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Disclaimer: General information, such as that provided by the Law Offices of Atonya McClain, PLLC, does not constitute individual legal advice nor is it meant to take the place of the assessment of an expert. However, we do hope to answer some of the questions we hear most often. You should always consult with a qualified criminal defense attorney about the individual facts of your case before making any decisions about your particular situation.