The Texas Penal Code is the principal

criminal code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

of the U.S. state of

Texas Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by ...

. It was originally enacted in 1856 and underwent substantial revision in 1973, with the passage of the Revised Penal Code, in large part based on the

American Law Institute The American Law Institute (ALI) is a research and advocacy group of judges, lawyers, and legal scholars established in 1923 to promote the clarification and simplification of United States common law and its adaptation to changing social needs ...

Model Penal Code The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States.MPC (Foreword). The MPC was a project of the American Law Institute (ALI), and was pu ...

., p. 66Alt URL
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History

The first codification of Texas criminal law was the Texas Penal Code of 1856. Prior to 1856, criminal law in Texas was governed by the

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...

, with the exception of a few penal statutes. In 1854, the fifth Legislature passed an act requiring the Governor to appoint a commission to codify the civil and criminal laws of Texas. Only the Penal Code and Code of Criminal Procedure, both authored by James Willie, were passed by the sixth Legislature and were effective as of February 1, 1857. These came to be referred to as the "Old Codes." The code underwent a major reorganization and reconciliation of existing criminal laws with the adoption of the Texas Penal Code of 1974. According to the Texas Legislative Counsel, the main objectives of the Revised Penal Code were to (1) consolidate, simplify, and clarify the substantive law of crimes; (2) modernize a Penal Code designed for the preindustrialized, rural, and underpopulated Texas society of a century ago; (3) identify and proscribe, with as much precision as possible, all significantly harmful criminal conduct; (4) rationally grade offenses, according to the harm they cause or threaten, and sensibly apportion the sentencing authority between the judiciary and correctional system; (5) codify the general principles of the penal law; and (6) collect in a single code all significant penal law, transferring to more appropriate locations in the statutes regulatory and similar laws that merely employed a penal sanction. Dean W. Page Keeton of the

University of Texas The University of Texas at Austin (UT Austin, UT, or Texas) is a public research university in Austin, Texas. It was founded in 1883 and is the oldest institution in the University of Texas System. With 40,916 undergraduate students, 11,075 ...

played a key role in drafting, revising, and promoting the Revised Penal Code.

Organization

The Texas Penal Code is organized into titles and chapters. As of 2017, the basic structure is as follows:
Title 1
Introductory Provisions - Declares that all persons are presumed innocent unless

proven Proven is a rural village in the Belgian province of West Flanders, and a "deelgemeente" of the municipality Poperinge. The village has about 1400 inhabitants. The church and parish of Proven are named after Saint Victor. The Saint Victor Churc ...

guilty beyond a

reasonable doubt Beyond a reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. It is a higher standard of proof than the balance of probabilities standard commonly used in civil cases, bec ...

. ##Chapter 1. General Provisions ##*Sec. 1.02 states the objectives of the penal code: "to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate" through deterrence, rehabilitation, and punishment of convicted persons; by giving fair warning of prohibited conduct and consequences of violation; to prescribe penalties proportionate with the seriousness of offenses and take rehabilitation potential into consideration; "to safeguard conduct that is without guilt from condemnation as criminal"; to guide and limit law enforcement; and "to define the scope of state interest in law enforcement against specific offenses and to systematize the exercise of state criminal jurisdiction." ##*Sec. 1.03 provides that conduct not prohibited by law is not a criminal offense. ##*Sec. 1.04 through Sec. 1.09 cover: construction of the code (according to fair import of terms), computation of age, definitions, preemption (prohibiting political subdivisions from enacting or enforcing laws criminalizing same conduct as criminalized in Penal Code), and concurrent jurisdiction for offenses involving state property (granting Attorney General concurrent jurisdiction to prosecute if local prosecutor consents). ##Chapter 2. Burden of Proof ###Sec. 2.01 provides that all persons are presumed innocent unless each element of the offense alleged is proved beyond a reasonable doubt. ###Sec. 2.02 provides that the prosecutor must negate the existence of an exception where an exception is specifically stated in the statute. ###Sec. 2.03 provides that it is not the prosecutor's duty to disprove a defense and that the jury will not be instructed regarding any defense unless evidence is admitted to support the defense, and that if the defense is submitted to a jury, then the jury will be instructed "that a reasonable doubt on the issue requires that the defendant be acquitted." ###Sec. 2.04 provides the standard for affirmative defenses, which is essentially the same as for non-affirmative defenses except that the jury is instructed "that the defendant must prove the affirmative defense by a preponderance of evidence." ###Sec. 2.05 covers presumptions and requires that "if there is sufficient evidence of facts that give rise to the presumption, the issue of the existence of the presumed fact must be submitted to the jury, unless the court is satisfied that the evidence as a whole clearly precludes a finding beyond a reasonable doubt of the presumed fact."
Chapter 3
Multiple Prosecutions ##There is no Chapter 4 or Chapter
Title 2
General Principles of Criminal Responsibility
Chapter 6

Culpability In criminal law, culpability, or being culpable, is a measure of the degree to which an agent, such as a person, can be held morally or legally responsible for action and inaction. It has been noted that the word, culpability, "ordinarily ha ...

Generally ##*Covers concepts such as ''

mens rea In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element ...

'' and ''

actus reus (), sometimes called the external element or the objective element of a crime, is the Law Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the ("guilty mind"), produces criminal liability in t ...

''.
Chapter 7
Criminal Responsibility for Conduct of Another ##*Covers

complicity Complicity is the participation in a completed criminal act of an accomplice, a partner in the crime who aids or encourages ( abets) other perpetrators of that crime, and who shared with them an intent to act to complete the crime.''Criminal La ...

and

corporate liability Corporate liability, also referred to as liability of legal persons, determines the extent to which a company as a legal person can be held liable for the acts and omissions of the natural persons it employs and, in some legal systems, for those ...

.
Chapter 8
General Defenses to Criminal Responsibility ##*Covers the

insanity defense The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to an episodic psychiatric disease at the time of the ...

mistake of fact A mistake of fact may sometimes mean that, while a person has committed the physical element of an offence, because they were labouring under a mistake of fact, they never formed the mental element. This is unlike a mistake of law, which is not ...

, mistake of law,

intoxication Intoxication — or poisoning, especially by an alcoholic or narcotic substance — may refer to: * Substance intoxication: ** Alcohol intoxication ** LSD intoxication ** Toxidrome ** Tobacco intoxication ** Cannabis intoxication ** Cocaine in ...

duress Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desi ...

entrapment Entrapment is a practice in which a law enforcement agent or agent of the state induces a person to commit a "crime" that the person would have otherwise been unlikely or unwilling to commit.''Sloane'' (1990) 49 A Crim R 270. See also agent prov ...

, and the responsibility and capacity of minors, including minors with

mental illness A mental disorder, also referred to as a mental illness or psychiatric disorder, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. Such features may be persistent, relapsing and remitt ...

.
Chapter 9
Justification Excluding Criminal Responsibility ##*Covers

self defense Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in ...

, defense of others, public duty, necessity,

suicide prevention Suicide prevention is a collection of efforts to reduce the risk of suicide. Suicide is often preventable, and the efforts to prevent it may occur at the individual, relationship, community, and society level. Suicide is a serious public health ...

defense of property The defence of property is a common method of justification used by defendants who argue that they should not be held liable for any loss and injury that they have caused because they were acting to protect their property. English law Gener ...

, lawful arrest, and

child discipline Child discipline is the methods used to prevent future unwanted behaviour in children. The word ''discipline'' is defined as imparting knowledge and skill, in other words, to teach. In its most general sense, discipline refers to systematic ins ...

. #Title 3. Punishments
Chapter 12
Punishments ##*Prescribes available punishment according to classification of the offense (Class A misdemeanor, Class B misdemeanor, Class C misdemeanor, capital felony, first-degree felony, second-degree felony, state jail felony) along with aggravating circumstances (

repeat Repeat may refer to: * Rerun, a rebroadcast of an episode of a radio or television program * Repeated sequence (DNA), a pattern of nucleic acid (DNA or RNA) that occurs in multiple copies throughout the genome ** CRISPR * The smallest rectangle th ...

and

habitual offender A habitual offender, repeat offender, or career criminal is a person convicted of a crime who was previously convicted of crimes. Various state and jurisdictions may have laws targeting habitual offenders, and specifically providing for enhanced o ...

hate crime A hate crime (also known as a bias-motivated crime or bias crime) is a prejudice-motivated crime which occurs when a perpetrator targets a victim because of their membership (or perceived membership) of a certain social group or racial demograph ...

elder abuse Elder abuse (also called "elder mistreatment", "senior abuse", "abuse in later life", "abuse of older adults", "abuse of older women", and "abuse of older men") is "a single, or repeated act, or lack of appropriate action, occurring within any rela ...

narcotic The term narcotic (, from ancient Greek ναρκῶ ''narkō'', "to make numb") originally referred medically to any psychoactive compound with numbing or paralyzing properties. In the United States, it has since become associated with opiates ...

s, and crimes committed in a disaster or evacuated area .g.,_looting.html"_;"title="looting.html"_;"title=".g.,_looting">.g.,_looting">looting.html"_;"title=".g.,_looting">.g.,_looting. #Title_4._Inchoate_offense.html" "title="looting">.g.,_looting.html" ;"title="looting.html" ;"title=".g., looting">.g., looting">looting.html" ;"title=".g., looting">.g., looting. #Title 4. Inchoate offense">Inchoate Offenses An inchoate offense, preliminary crime, inchoate crime or incomplete crime is a crime of preparing for or seeking to commit another crime. The most common example of an inchoate offense is "attempt". "Inchoate offense" has been defined as the fo ...

References

Crime in Texas Criminal codes Texas law {{Statutory codes of the United States by U.S. state