AuthorMark G. Daniel/Robert K. Gill
In this Table of Punishment for Crimes, the name of the offense, the Penal Code Section, and the category
of crime (degree of felony or class of misdemeanor) are set forth. The reader can look at the category of crime,
e.g., “Felony 1” and refer to the table below and determine the actual punishment fixed by law to the particular
offense. See Penal Code Chapter 12.
Capital Felony (PC 12.31) Life or Death; if State does not seek death, then life imprisonment; Court
must advise prospective jurors whether State seeks death penalty
Felony 1st degree Life or 5 to 99 years, and fine not over $10,000
Felony 2nd degree 2 to 20 years and fine not over $10,000
Felony 3rd degree 2 to 10 years and fine not over $10,000
State Jail Felony 180 days to 2 years & may be fined up to $10,000; or punished as 3rd
degree felony if deadly weapon used or exhibited, or has been previ-
ously convicted or any felony listed in Sec. 3g(a)(1), Art. 42.12 C.C.P.
Misdemeanor Class A Fine not over $4,000, or jail not over 1 year, or both fine and jail
Misdemeanor Class B Fine not over $2,000, or jail not over 180 days or both fine and jail
Misdemeanor Class C Fine not over $500
Habitual Felon Life or 25 to 99 years inclusive (PC Sec. 12.42(d)(1))
Repetition (Fel. Offender) One category higher than penalty category of offense currently on trial,
but if current felony is 1st degree, punishment is life, or any term not
more than 99 years or less than 15 years & may assess fine not over
Effective for offenses committed after September 1, 1999, if the court makes an affirmative finding in Art.
42.015, Code of Criminal Procedure, in the punishment phase of the trial of an offense under Chapter 29, Chapter
31, or Title 5, other than a first degree felony or a Class A misdemeanor, the punishment for the offense is
increased to the punishment prescribed for the next highest category of offense. If the offense is a Class A mis-
demeanor, the minimum term of confinement for the offense is increased to 180 days.
Assault on a Family Member 22.01 Class A—Third where
Assault on a Public Servant 22.01 Third
Burglary of a Vehicle 30.04 State Jail—Third if the
vehicle Is a Rail Car
Coercing, Soliciting or Inducing
Gang Membership 22.015 State Jail—Third if Bodily
Injury is Caused
Criminal Trespass (Entering) 30.05 Class B
Criminal Trespass (Habitation) 30.05 Class A
Criminal Trespass (Remaining) 30.05 Class C
Criminal Trespass With Deadly 30.05 Class A
Criminal Trespass on a Superfund Site 30.05 Class A
Criminal Solicitation of a Minor 15.031 On e Catego ry Lower
Than Solicitated Offense
Enticing A Child 25.04 Class B—Third if the Actor
Intended to Commit Felony
On The Child

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