Appendix

• Author: Mark G. Daniel/Robert K. Gill
• Pages: 525-534

A-1

Table of Crimes for Punishment

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 previously 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 $10,000

Controlled Substance Enhancement

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 misdemeanor, the minimum term of confinement for the offense is increased to 180 days.

OFFENSE PC SECTION CATEGORY

Assault on a Family Member 22.01 Class A—Third where

enhanced

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

Weapon

Criminal Trespass on a Superfund Site 30.05 Class A

Criminal Solicitation of a Minor 15.031 One Category Lower Than

Solicitated Offense

Enticing A Child 25.04 Class B—Third if the Actor

Intended to Commit Felony

On The Child

aPPendix