Microsoft Word - penalcode85th.docx

Including Updates From the 85

Legislative Session

BY PUNISHMENT RANGE

PENAL CODE

OFFENSES

REV 3/18

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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

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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

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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

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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.

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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

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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).

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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.

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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)]

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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)]

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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)]

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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]

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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

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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)]

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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)]

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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)]

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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)]

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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)]

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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

f theft is from a nonprofit or by a Medicare provider

[Tex. Penal Code Ann §31.03(f)]

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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)]

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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)]

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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

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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