Criminal Law In Texas: Universal Or Selective?

Texas criminal law is extensive, covering a wide range of conduct considered illegal, including theft, murder, child abuse, kidnapping, extortion, and illicit drugs. The Texas Penal Code is the state's primary criminal code, enacted in 1856 and revised in 1973, with further amendments made over the years. The code outlines various criminal offenses, their definitions, and penalties, which can include fines, imprisonment, and other sanctions. Texas law is known for its tough stance on drug offenses and frequent use of the death penalty. The state's criminal statutes are regularly updated, with new offenses added and existing laws amended to address evolving societal concerns.

Criminal law in Texas

Texas criminal law is defined by the Texas Penal Code, which was first enacted in 1856 and underwent substantial revision in 1973 with the passage of the Revised Penal Code. The code was further updated in 1974, and the Texas legislature meets at least every other year to consider new criminal offenses and make changes to the existing criminal law.

The Texas Penal Code is organised into titles and chapters, covering a wide range of conduct considered illegal, such as theft, murder, child abuse, kidnapping, extortion, and drug offenses. Texas is known for its tough penalties for drug offenses and frequent use of the death penalty.

Texas criminal law is similar to that of other states, with misdemeanors punishable by up to a year in county jail and felonies resulting in state prison or jail time. The state also allows for expungement or "expunction" of criminal records in certain cases, and some records may be sealed by court order.

Criminal cases in Texas begin when someone is accused of committing a crime listed in the Texas Penal Code. The state's criminal statutes cover a range of offenses, including:

• Assault and battery
• Domestic violence
• Capital punishment
• Drug possession
• Sexual assault
• DWI (Driving While Intoxicated)
• Burglary and criminal trespass
• Child abuse and neglect
• Child pornography
• Computer crimes
• Credit card fraud
• Identity theft
• Indecent exposure
• Insurance fraud
• Kidnapping
• Manslaughter
• Marijuana possession and sale
• Money laundering
• Prostitution
• Racketeering
• Resisting arrest
• Tax evasion and fraud
• Theft/larceny
• Vandalism

Criminal offences in Texas

Texas law defines hundreds of criminal offences, and the state legislature meets at least every other year to consider updating these laws and adding new ones. Texas criminal offences are categorised as felonies or misdemeanours, with felonies being more serious crimes.

Felonies

Felonies are serious criminal offences that can be punished by fines of up to $10,000 and imprisonment in a state penitentiary for between six months and life. Felonies include violent crimes such as aggravated assault, burglary, and driving while intoxicated (DWI) for a third offence. Felony sentences can result in the loss of civil rights, such as the right to vote, own a gun, or obtain certain state occupational licenses.

Misdemeanours

Misdemeanours are less serious offences punishable by fines of up to $4,000 and up to one year in county jail. Misdemeanours include simple assault, theft, and DWI for a first or second offence. There are three classes of misdemeanour—A, B, and C—with corresponding penalties.

Texas criminal statutes identify a wide range of conduct considered illegal, such as theft, murder, drug possession, and prostitution. The state is known for its tough penalties for drug offences and frequent use of the death penalty.

Texas criminal offences cover a broad range of areas, including:

• Assault and battery
• Domestic violence
• Capital punishment
• Drug possession and distribution
• Sexual assault
• Burglary and criminal trespass
• Child abuse and neglect
• Child pornography
• Computer crimes
• Credit card fraud
• Extortion
• First- and second-degree murder
• Gun control
• Identity theft
• Indecent exposure
• Insurance fraud
• Kidnapping
• Manslaughter
• Marijuana possession and distribution
• Money laundering
• Prostitution
• Public intoxication
• Racketeering
• Resisting arrest
• Tax evasion
• Telemarketing fraud
• Theft and larceny
• Vandalism

Texas Penal Code

Texas' criminal statutes identify a wide range of conduct considered illegal, such as theft, murder, and drug possession, which are punishable by fines, imprisonment, and other sanctions. The Texas Penal Code is a comprehensive document that outlines various criminal offences, their definitions, and the associated punishments. Here is an overview of the Texas Penal Code:

This section covers the basic provisions of the penal code, including its short title, objectives, territorial jurisdiction, construction, and definitions. It also addresses the preemption of state laws and concurrent jurisdiction in prosecuting offences involving state property.

Here, the code specifies the punishments for various offences. It includes ordinary misdemeanour and felony punishments, as well as exceptional sentences for repeat offenders and crimes committed under specific circumstances, such as in disaster areas. It also addresses punishments for corporations and associations.

This title focuses on preparatory offences, such as criminal attempt, conspiracy, and solicitation. It provides definitions and establishes the elements required for these offences. It also mentions defences, such as renunciation, and specifies when certain conduct does not constitute an offence.

This section deals with offences that involve family members, such as bigamy, prohibited sexual conduct, interference with child custody, and child endangerment. It also addresses violations of protective orders, sale or purchase of children, and continuous violence against family members.

Here, the code outlines offences related to property damage, arson, criminal mischief, burglary, criminal trespass, and theft. It specifies the elements and punishments for each offence, including the unauthorized use of vehicles, theft of services, and cargo theft.

This title focuses on crimes that involve bribery, corrupt influence, and obstruction of governmental operations. It covers bribery of public servants, coercion of voters, tampering with witnesses, and perjury. It also addresses the improper influence of public servants and the failure to report a felony.

This section addresses offences that impact public health, safety, and morals. It includes unlawful carrying of weapons, prohibited weapons, and the unlawful transfer of firearms. Additionally, it covers gambling, public health issues like smoking tobacco, and intoxication offences, such as driving while intoxicated.

The final title of the Texas Penal Code focuses on organized criminal activities, including engaging in organized criminal activity, coercion, and solicitation of membership in criminal street gangs. It also addresses defences and immunity for accomplice witnesses.

Criminal consequences in Texas

Texas law defines hundreds of criminal offences, which are updated and added to at least every other year. The consequences for committing a crime in Texas vary depending on the nature of the crime, the history of the defendant, and other circumstances of the case. Texas has a determinate sentencing system, which means sentencing guidelines help determine the punishment for a crime.

Criminal offences in Texas are classified as either misdemeanours or felonies. Misdemeanours are the least serious offences and are sorted into Class A, Class B, and Class C categories, with Class A being the most serious. Misdemeanours are punishable by up to a year in local or county jail and a fine of up to $4,000. Class C misdemeanours do not carry any jail time. Felonies are the most serious offences and are punished by terms in state prison or state jail. Felony crimes can be further classified by degree, with first-degree felonies being the most serious.

Theft-related crimes in Texas are classified according to the value of the property or services stolen. For example, theft of property valued at $200 or more but less than $500 is a Class C misdemeanour, while theft of property valued at $20,000 or more but less than $100,000 is a second-degree felony.

Drug possession and sale are also illegal in Texas, with penalties varying depending on the type and amount of drugs involved. Possession of a controlled substance can result in anywhere from a few days in jail to a life sentence. The possession and sale of any amount of marijuana are also illegal, with potential penalties varying based on the amount.

Other criminal consequences in Texas include:

• Public intoxication: While public intoxication may seem trivial, it can lead to jail time or additional charges.
• Cyberbullying and cyberstalking: These crimes carry serious penalties, including incarceration and fines.
• Family violence: Committing an act of family violence can result in imprisonment, fines, restrictions on firearm possession, and immigration consequences.
• Prostitution: Engaging in, soliciting, promoting, or compelling prostitution can result in felony charges.
• Statutory rape: Committing statutory rape in Texas can result in felony charges.
• Transmitting an STD: Transmitting or exposing another person to an STD can lead to assault charges or, in some cases, attempted murder charges.
• Forgery: Even a first-time forgery offence can result in a felony conviction.
• DUI: Driving with a suspended or revoked license is a crime in Texas and can result in additional charges.

Criminal defence in Texas

Texas criminal law defines hundreds of criminal offences, and the state legislature meets at least every other year to consider updating these laws and adding new ones. Texas's criminal statutes identify a wide range of conduct considered illegal, such as theft, murder, and drug possession, which are made punishable by fines, imprisonment, and other sanctions.

Texas's criminal statutes of limitations set time limits for bringing charges in a criminal case. If the prosecution charges someone after the applicable time period has passed, the case may be dismissed.

Texas's criminal defence strategies may include attempting to get the case dismissed, negotiating a plea, or going to trial. A criminal defence attorney in Texas can protect the rights of the accused and defend them tirelessly. They can also anticipate how a prosecutor may handle a case, allowing for a comprehensive preparation of the defence strategy.

Some common criminal charges in Texas include:

• DUI, driving, and alcohol-related crimes
• Public intoxication
• Theft-related crimes
• Forgery
• Auto theft
• Gun laws
• Harassment, bullying, and violent crimes
• Prostitution
• Sexting laws for teens and minors
• Marijuana possession and sale

Frequently asked questions