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State law — Texas
Offences by family
Against the person
Assault (aggravated) Verified against official source
This range was checked against the official legal text.
Statutory range
Aggravated assault (§ 22.02)
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Aggravated assault — deadly weapon + serious bodily injury to a family / household / dating victim; traumatic brain or spine injury causing persistent vegetative state or irreversible paralysis; by or against a public servant; retaliation against a witness, informant, or reporter; against a process server or security officer; drive-by firearm discharge; mass shooting
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$10,000
1st-degree felony.
Class mapping: 2nd-degree felony = 2–20 years, fine up to $10,000; 1st-degree felony = 5–99 years or life, fine up to $10,000.
Assault (simple) Verified against official source
This range was checked against the official legal text.
Statutory range
Bodily injury — § 22.01(a)(1)
- Imprisonment
- 0–1 year
- Fine
- Fine $0–$4,000
Class A misdemeanour.
Threat or offensive / provocative contact — § 22.01(a)(2)/(3)
- Imprisonment
- None
- Fine
- Fine $0–$500
Class C misdemeanour.
Threat or offensive contact against an elderly or disabled individual, or against a pregnant person to force an abortion
- Imprisonment
- 0–1 year
- Fine
- Fine $0–$4,000
Class A misdemeanour.
Threat or offensive contact against a sports participant
- Imprisonment
- 0–180 days
- Fine
- Fine $0–$2,000
Class B misdemeanour.
Bodily injury against a public servant; or family violence with a prior conviction; or family violence by strangulation (impeding breathing / circulation)
- Imprisonment
- 2–10 years
- Fine
- Fine $0–$10,000
3rd-degree felony.
Bodily injury against a peace officer or judge
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Family violence with a prior conviction AND strangulation (impeding breathing / circulation)
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Class mapping: Class C = fine up to $500, no jail; Class B = up to 180 days, fine up to $2,000; Class A = up to 1 year, fine up to $4,000; 3rd-degree felony = 2–10 years, fine up to $10,000; 2nd-degree = 2–20 years, fine up to $10,000.
Domestic violence Verified against official source
This range was checked against the official legal text.
Statutory range
Assault against a family / household / dating member — first offence (§ 22.01(a)(1))
- Imprisonment
- 0–1 year
- Fine
- Fine $0–$4,000
Class A misdemeanour.
Assault against a family member with a prior family-violence conviction, or by strangulation (impeding breathing / circulation) (§ 22.01(b)(2))
- Imprisonment
- 2–10 years
- Fine
- Fine $0–$10,000
3rd-degree felony.
Assault against a family member with a prior family-violence conviction AND strangulation (§ 22.01(b-3))
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Continuous violence against the family (§ 25.11) — two or more assaults within a period of 12 months or less
- Imprisonment
- 2–10 years
- Fine
- Fine $0–$10,000
3rd-degree felony.
Family / household / dating relationships are those described by Tex. Family Code §§ 71.0021(b), 71.003, and 71.005 (cross-referenced by § 25.11). Class mapping: Class A misdemeanour = up to 1 year, fine up to $4,000; 3rd-degree felony = 2–10 years, fine up to $10,000; 2nd-degree = 2–20 years, fine up to $10,000.
Hate crime Verified against official source
This range was checked against the official legal text.
Statutory range
Underlying offence — Class C misdemeanour
- Imprisonment
- 0–180 days
- Fine
- Fine $0–$2,000
Punishment increased to the next highest category (Class C → Class B) under § 12.47(a). Range shown is the Class B range under § 12.22.
Underlying offence — Class B misdemeanour
- Imprisonment
- 0–1 year
- Fine
- Fine $0–$4,000
Punishment increased to the next highest category (Class B → Class A) under § 12.47(a). Range shown is the Class A range under § 12.21. The 180-day minimum in § 12.47's second sentence is written for an offence that IS a Class A misdemeanour; the section does not state that it also applies to an offence bumped up into Class A from Class B.
Underlying offence — Class A misdemeanour
- Imprisonment
- 180 days–1 year
- Fine
- Fine $0–$4,000
§ 12.47 excludes Class A misdemeanours from the category bump; instead the minimum term of confinement is increased to 180 days. The maximum (1 year) and fine cap are the ordinary Class A ranges under § 12.21.
Underlying offence — state jail felony
- Imprisonment
- 2–10 years
- Fine
- Fine $0–$10,000
Punishment increased to the next highest category (state jail felony → 3rd-degree felony) under § 12.47(a). Range shown is the 3rd-degree range under § 12.34.
Underlying offence — 3rd-degree felony
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
Punishment increased to the next highest category (3rd → 2nd degree) under § 12.47(a). Range shown is the 2nd-degree range under § 12.33.
Underlying offence — 2nd-degree felony
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$10,000
Punishment increased to the next highest category (2nd → 1st degree) under § 12.47(a). Range shown is the 1st-degree range under § 12.32.
Underlying offence — 1st-degree felony
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$10,000
§ 12.47 expressly excludes first-degree felonies from the category bump; the ordinary 1st-degree range under § 12.32 applies unchanged. § 12.47 states no higher category above a capital felony, so no increase is shown for capital felonies.
Mechanism: in the trial of an offence under Penal Code Title 5 (offences against the person) or §§ 28.02 (arson), 28.03 (criminal mischief), 28.08 (graffiti) or 42.0601 (false report to induce emergency response), the judge must make an affirmative finding of fact, entered in the judgment, if the trier of fact determines beyond a reasonable doubt that the defendant intentionally selected the victim, or the victim's property damaged or affected, because of bias or prejudice against a group identified by race, color, disability, religion, national origin or ancestry, age, gender, or sexual preference, or by status as a peace officer or judge (art. 42.014(a)). 'Sexual preference' means a preference for heterosexuality, homosexuality, or bisexuality (art. 42.014(c)). The finding does NOT create a standalone offence and does NOT apply to offences outside that list (e.g. theft, robbery and burglary cannot carry the finding). Where the finding is made, § 12.47 raises the punishment to the next highest category (see tiers), except for first-degree felonies (no bump) and Class A misdemeanours (minimum confinement raised to 180 days instead). § 12.47 does not apply to injury to a disabled individual under § 22.04 where the finding shows the defendant selected the victim because the victim was disabled. The sentencing judge may also require attendance at a tolerance-and-acceptance educational program as a condition of punishment (art. 42.014(b)). The fine and imprisonment figures in the tiers below are the punishment ranges of the bumped-to category under Penal Code ch. 12 — § 12.47 sets no fine or term of its own. Art. 42.014 text read from the official Code of Criminal Procedure ch. 42 PDF (tcss.legis.texas.gov/resources/cr/pdf/cr.42.pdf). Cross-reference only: federal hate-crime offences (18 U.S.C. §§ 245, 249) are FEDERAL law, not this Texas entry.
Homicide — manslaughter Verified against official source
This range was checked against the official legal text.
Statutory range
Manslaughter (§ 19.04)
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Manslaughter — § 28.09 conduct caused the death
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$10,000
1st-degree felony.
Criminally negligent homicide (§ 19.05)
- Imprisonment
- 180 days–2 years
- Fine
- Fine $0–$10,000
State jail felony.
Class mapping: state jail felony = 180 days–2 years, fine up to $10,000; 2nd-degree felony = 2–20 years, fine up to $10,000; 1st-degree felony = 5–99 years or life, fine up to $10,000.
Homicide — murder Verified against official source
This range was checked against the official legal text.
Statutory range
Murder (§ 19.02)
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$10,000
1st-degree felony.
Murder — sudden passion (adequate cause) proven at punishment
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Capital murder (§ 19.03)
- Imprisonment
- Death or life without parole
- Fine
- No fine
Capital felony. Life imprisonment (not life without parole) if the offender was under 18 at the time of the offence.
Class mapping: 1st-degree felony = 5–99 years or life, fine up to $10,000; 2nd-degree felony = 2–20 years, fine up to $10,000.
Sexual offences
Sexual assault / rape Verified against official source
This range was checked against the official legal text.
Statutory range
Sexual assault (§ 22.011)
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Sexual assault — victim is a prohibited spouse / relative (§ 25.01 / § 25.02)
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$10,000
1st-degree felony.
Sexual assault — (b)(12) assisted-reproduction consent case
- Imprisonment
- 180 days–2 years
- Fine
- Fine $0–$10,000
State jail felony.
Aggravated sexual assault (§ 22.021)
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$10,000
1st-degree felony.
Aggravated sexual assault — victim under 10, or victim under 14 with a § 22.021(a)(2)(A) aggravator
- Imprisonment
- 25–99 years or life
- Fine
- Fine $0–$10,000
1st-degree felony with 25-year minimum term.
Class mapping: state jail felony = 180 days–2 years, fine up to $10,000; 2nd-degree = 2–20 years, fine up to $10,000; 1st-degree = 5–99 years or life, fine up to $10,000.
Property
Burglary Verified against official source
This range was checked against the official legal text.
Statutory range
Building other than a habitation
- Imprisonment
- 180 days–2 years
- Fine
- Fine $0–$10,000
State jail felony.
Habitation
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Commercial building storing controlled substances (incl. pharmacy, clinic, hospital, nursing facility, warehouse) with intent to steal a controlled substance; or any non-habitation building where the offence is committed in the course of § 20.05(a)(2) smuggling
- Imprisonment
- 2–10 years
- Fine
- Fine $0–$10,000
3rd-degree felony.
Habitation, where any party entered with intent to commit, committed, or attempted a felony other than felony theft
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$10,000
1st-degree felony.
Class mapping: state jail felony = 180 days–2 years, fine up to $10,000; 3rd-degree = 2–10 years, fine up to $10,000; 2nd-degree = 2–20 years, fine up to $10,000; 1st-degree = 5–99 years or life, fine up to $10,000.
Robbery Verified against official source
This range was checked against the official legal text.
Statutory range
Robbery (§ 29.02)
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Aggravated robbery (§ 29.03) — serious bodily injury, deadly weapon, or victim 65+ / disabled
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$10,000
1st-degree felony.
Class mapping: 2nd-degree felony = 2–20 years, fine up to $10,000; 1st-degree felony = 5–99 years or life, fine up to $10,000.
Theft Verified against official source
This range was checked against the official legal text.
Statutory range
Value less than $100
- Imprisonment
- None
- Fine
- Fine $0–$500
Class C misdemeanour.
Value $100 to less than $750; or less than $100 with a prior theft conviction; or property is a driver's licence / CDL / personal ID certificate
- Imprisonment
- 0–180 days
- Fine
- Fine $0–$2,000
Class B misdemeanour.
Value $750 to less than $2,500
- Imprisonment
- 0–1 year
- Fine
- Fine $0–$4,000
Class A misdemeanour.
Value $2,500 to less than $30,000; or from the person of another / corpse / grave (incl. military grave marker); or a firearm; or less than $2,500 with 2+ prior theft convictions; or an official ballot / carrier envelope; or aluminium / bronze / copper / brass less than $20,000; or a catalytic converter with replacement cost under $30,000; or less than $30,000 stolen in a disaster area via disaster-volunteer status
- Imprisonment
- 180 days–2 years
- Fine
- Fine $0–$10,000
State jail felony.
Value $30,000 to less than $150,000; or livestock / exotic livestock / fowl under $150,000; or a controlled substance under $150,000 stolen from a pharmacy-type building or a drug-wholesaler vehicle
- Imprisonment
- 2–10 years
- Fine
- Fine $0–$10,000
3rd-degree felony.
Value $150,000 to less than $300,000; or an ATM / ATM contents / components under $300,000
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Value $300,000 or more
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$10,000
1st-degree felony.
Class mapping: Class C = fine up to $500, no jail; Class B = up to 180 days, fine up to $2,000; Class A = up to 1 year, fine up to $4,000; state jail felony = 180 days–2 years, fine up to $10,000; 3rd-degree = 2–10 years, fine up to $10,000; 2nd-degree = 2–20 years, fine up to $10,000; 1st-degree = 5–99 years or life, fine up to $10,000. Under § 31.03(f) the offence category is raised by one level if the actor was a public servant, government contractor, or Medicare provider acting through that status, the owner was elderly or a nonprofit, or the conduct involved a fire-exit alarm, retail-theft detector, or shielding device.
Vandalism / criminal damage Verified against official source
This range was checked against the official legal text.
Statutory range
Pecuniary loss less than $100 (or substantial inconvenience)
- Imprisonment
- None
- Fine
- Fine $0–$500
Class C misdemeanour.
Pecuniary loss $100 to less than $750
- Imprisonment
- 0–180 days
- Fine
- Fine $0–$2,000
Class B misdemeanour.
Pecuniary loss $750 to less than $2,500 (or impairment / diversion of a public water supply, regardless of loss)
- Imprisonment
- 0–1 year
- Fine
- Fine $0–$4,000
Class A misdemeanour.
Pecuniary loss $2,500 to less than $30,000; or habitation damaged by firearm / explosive weapon with loss under $2,500; or livestock fence under $2,500; or flood-control / dam / public communications / transportation / gas / public-service impairment under $30,000; or motor vehicle damaged during catalytic-converter removal under $30,000
- Imprisonment
- 180 days–2 years
- Fine
- Fine $0–$10,000
State jail felony.
Pecuniary loss $30,000 to less than $150,000; or killing cattle / bison / horses by firearm / weapon; or ATM access impairment; or public power supply impairment under $150,000
- Imprisonment
- 2–10 years
- Fine
- Fine $0–$10,000
3rd-degree felony.
Pecuniary loss $150,000 to less than $300,000; or $1,000 to less than $300,000 habitation damage in the course of § 30.05 criminal trespass
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Pecuniary loss $300,000 or more
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$10,000
1st-degree felony.
Class mapping: Class C = fine up to $500, no jail; Class B = up to 180 days, fine up to $2,000; Class A = up to 1 year, fine up to $4,000; state jail felony = 180 days–2 years, fine up to $10,000; 3rd-degree = 2–10 years, fine up to $10,000; 2nd-degree = 2–20 years, fine up to $10,000; 1st-degree = 5–99 years or life, fine up to $10,000. The § 28.03(f) place-of-worship provision was not fully legible in the official text read and is not included.
Fraud & financial
Fraud Verified against official source
This range was checked against the official legal text.
Statutory range
Forgery — base offence
- Imprisonment
- 180 days–2 years
- Fine
- Fine $0–$10,000
State jail felony.
Forgery of a will, codicil, deed, deed of trust, mortgage, security instrument / agreement, credit card, check, account-debit authorisation, similar sight order, contract, release, or other commercial instrument
- Imprisonment
- 2–10 years
- Fine
- Fine $0–$10,000
3rd-degree felony.
Forgery of part of an issue of money / securities / postage / revenue stamps, a government record listed in § 37.01(2)(C), or other state / national government instrument or stock / bond / claim instrument
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Forgery to obtain / attempt to obtain property or service, value less than $100
- Imprisonment
- 0–180 days
- Fine
- Fine $0–$2,000
Class B misdemeanour — § 32.21(e-1).
Forgery to obtain / attempt to obtain property or service, value $100 to less than $750
- Imprisonment
- 0–1 year
- Fine
- Fine $0–$4,000
Class A misdemeanour — § 32.21(e-1).
Forgery to obtain / attempt to obtain property or service, value $750 to less than $2,500
- Imprisonment
- 180 days–2 years
- Fine
- Fine $0–$10,000
State jail felony — § 32.21(e-1).
Forgery to obtain / attempt to obtain property or service, value $2,500 to less than $30,000
- Imprisonment
- 2–10 years
- Fine
- Fine $0–$10,000
3rd-degree felony — § 32.21(e-1).
Forgery to obtain / attempt to obtain property or service, value $30,000 to less than $150,000
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony — § 32.21(e-1).
Forgery to obtain / attempt to obtain property or service, value $150,000 or more
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$10,000
1st-degree felony — § 32.21(e-1).
Class mapping: Class B = up to 180 days, fine up to $2,000; Class A = up to 1 year, fine up to $4,000; state jail felony = 180 days–2 years, fine up to $10,000; 3rd-degree = 2–10 years, fine up to $10,000; 2nd-degree = 2–20 years, fine up to $10,000; 1st-degree = 5–99 years or life, fine up to $10,000. Under § 32.21(e-2) the offence category is raised by one level if the victim was elderly (except the (e-1)(6) top tier).
Drugs
Drug possession Verified against official source
This range was checked against the official legal text.
Statutory range
Penalty Group 1 / 1-B (§ 481.115) — less than 1 g
- Imprisonment
- 180 days–2 years
- Fine
- Fine $0–$10,000
State jail felony.
Penalty Group 1 / 1-B (§ 481.115) — 1 g to less than 4 g
- Imprisonment
- 2–10 years
- Fine
- Fine $0–$10,000
3rd-degree felony.
Penalty Group 1 / 1-B (§ 481.115) — 4 g to less than 200 g
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Penalty Group 1 / 1-B (§ 481.115) — 200 g to less than 400 g
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$10,000
1st-degree felony.
Penalty Group 1 / 1-B (§ 481.115) — 400 g or more
- Imprisonment
- 10–99 years or life
- Fine
- Fine $0–$100,000
1st-degree felony, enhanced punishment.
Penalty Group 1-A (§ 481.1151) — fewer than 20 abuse units
- Imprisonment
- 180 days–2 years
- Fine
- Fine $0–$10,000
State jail felony.
Penalty Group 1-A (§ 481.1151) — 20 to fewer than 80 abuse units
- Imprisonment
- 2–10 years
- Fine
- Fine $0–$10,000
3rd-degree felony.
Penalty Group 1-A (§ 481.1151) — 80 to fewer than 4,000 abuse units
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Penalty Group 1-A (§ 481.1151) — 4,000 to fewer than 8,000 abuse units
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$10,000
1st-degree felony.
Penalty Group 1-A (§ 481.1151) — 8,000 or more abuse units
- Imprisonment
- 15–99 years or life
- Fine
- Fine $0–$250,000
1st-degree felony, enhanced punishment.
Penalty Group 2 (§ 481.116) — less than 1 g
- Imprisonment
- 180 days–2 years
- Fine
- Fine $0–$10,000
State jail felony.
Penalty Group 2 (§ 481.116) — 1 g to less than 4 g
- Imprisonment
- 2–10 years
- Fine
- Fine $0–$10,000
3rd-degree felony.
Penalty Group 2 (§ 481.116) — 4 g to less than 400 g
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Penalty Group 2 (§ 481.116) — 400 g or more
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$50,000
1st-degree felony, enhanced punishment.
Penalty Group 3 (§ 481.117) — less than 28 g
- Imprisonment
- 0–1 year
- Fine
- Fine $0–$4,000
Class A misdemeanour.
Penalty Group 3 (§ 481.117) — 28 g to less than 200 g
- Imprisonment
- 2–10 years
- Fine
- Fine $0–$10,000
3rd-degree felony.
Penalty Group 3 (§ 481.117) — 200 g to less than 400 g
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Penalty Group 3 (§ 481.117) — 400 g or more
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$50,000
1st-degree felony, enhanced punishment.
Penalty Group 4 (§ 481.118) — less than 28 g
- Imprisonment
- 0–180 days
- Fine
- Fine $0–$2,000
Class B misdemeanour.
Penalty Group 4 (§ 481.118) — 28 g to less than 200 g
- Imprisonment
- 2–10 years
- Fine
- Fine $0–$10,000
3rd-degree felony.
Penalty Group 4 (§ 481.118) — 200 g to less than 400 g
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Penalty Group 4 (§ 481.118) — 400 g or more
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$50,000
1st-degree felony, enhanced punishment.
Marihuana (§ 481.121) — 2 oz or less
- Imprisonment
- 0–180 days
- Fine
- Fine $0–$2,000
Class B misdemeanour; usable quantity.
Marihuana (§ 481.121) — more than 2 oz to 4 oz
- Imprisonment
- 0–1 year
- Fine
- Fine $0–$4,000
Class A misdemeanour.
Marihuana (§ 481.121) — more than 4 oz to 5 lb
- Imprisonment
- 180 days–2 years
- Fine
- Fine $0–$10,000
State jail felony.
Marihuana (§ 481.121) — more than 5 lb to 50 lb
- Imprisonment
- 2–10 years
- Fine
- Fine $0–$10,000
3rd-degree felony.
Marihuana (§ 481.121) — more than 50 lb to 2,000 lb
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Marihuana (§ 481.121) — more than 2,000 lb
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$50,000
1st-degree felony, enhanced punishment.
Class mapping: Class A misdemeanour = up to 1 year, fine up to $4,000; Class B = up to 180 days, fine up to $2,000; state jail felony = 180 days–2 years, fine up to $10,000; 3rd-degree = 2–10 years, fine up to $10,000; 2nd-degree = 2–20 years, fine up to $10,000; 1st-degree = 5–99 years or life, fine up to $10,000. Weights are aggregate weight including adulterants or dilutants.
Drug trafficking / sale Verified against official source
This range was checked against the official legal text.
Statutory range
Penalty Group 1 (§ 481.112) — less than 1 g
- Imprisonment
- 180 days–2 years
- Fine
- Fine $0–$10,000
State jail felony.
Penalty Group 1 (§ 481.112) — 1 g to less than 4 g
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Penalty Group 1 (§ 481.112) — 4 g to less than 200 g
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$10,000
1st-degree felony.
Penalty Group 1 (§ 481.112) — 200 g to less than 400 g
- Imprisonment
- 10–99 years or life
- Fine
- Fine $0–$100,000
1st-degree felony, enhanced punishment.
Penalty Group 1 (§ 481.112) — 400 g or more
- Imprisonment
- 15–99 years or life
- Fine
- Fine $0–$250,000
1st-degree felony, enhanced punishment.
Penalty Group 1-A (§ 481.1121) — fewer than 20 abuse units
- Imprisonment
- 180 days–2 years
- Fine
- Fine $0–$10,000
State jail felony.
Penalty Group 1-A (§ 481.1121) — 20 to fewer than 80 abuse units
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Penalty Group 1-A (§ 481.1121) — 80 to fewer than 4,000 abuse units
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$10,000
1st-degree felony.
Penalty Group 1-A (§ 481.1121) — 4,000 or more abuse units
- Imprisonment
- 15–99 years or life
- Fine
- Fine $0–$250,000
1st-degree felony, enhanced punishment.
Penalty Group 1-B (§ 481.1123) — less than 1 g
- Imprisonment
- 2–10 years
- Fine
- Fine $0–$10,000
3rd-degree felony.
Penalty Group 1-B (§ 481.1123) — 1 g to less than 4 g
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Penalty Group 1-B (§ 481.1123) — 4 g to less than 200 g
- Imprisonment
- 10–99 years or life
- Fine
- Fine $0–$20,000
1st-degree felony, enhanced punishment.
Penalty Group 1-B (§ 481.1123) — 200 g to less than 400 g
- Imprisonment
- 15–99 years or life
- Fine
- Fine $0–$200,000
1st-degree felony, enhanced punishment.
Penalty Group 1-B (§ 481.1123) — 400 g or more
- Imprisonment
- 20–99 years or life
- Fine
- Fine $0–$500,000
1st-degree felony, enhanced punishment.
Penalty Group 2 / 2-A (§ 481.113) — less than 1 g
- Imprisonment
- 180 days–2 years
- Fine
- Fine $0–$10,000
State jail felony.
Penalty Group 2 / 2-A (§ 481.113) — 1 g to less than 4 g
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Penalty Group 2 / 2-A (§ 481.113) — 4 g to less than 400 g
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$10,000
1st-degree felony.
Penalty Group 2 / 2-A (§ 481.113) — 400 g or more
- Imprisonment
- 10–99 years or life
- Fine
- Fine $0–$100,000
1st-degree felony, enhanced punishment.
Penalty Group 3 / 4 (§ 481.114) — less than 28 g
- Imprisonment
- 180 days–2 years
- Fine
- Fine $0–$10,000
State jail felony.
Penalty Group 3 / 4 (§ 481.114) — 28 g to less than 200 g
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Penalty Group 3 / 4 (§ 481.114) — 200 g to less than 400 g
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$10,000
1st-degree felony.
Penalty Group 3 / 4 (§ 481.114) — 400 g or more
- Imprisonment
- 10–99 years or life
- Fine
- Fine $0–$100,000
1st-degree felony, enhanced punishment.
Marihuana delivery (§ 481.120) — 1/4 oz or less, no remuneration
- Imprisonment
- 0–180 days
- Fine
- Fine $0–$2,000
Class B misdemeanour.
Marihuana delivery (§ 481.120) — 1/4 oz or less, with remuneration
- Imprisonment
- 0–1 year
- Fine
- Fine $0–$4,000
Class A misdemeanour.
Marihuana delivery (§ 481.120) — more than 1/4 oz to 5 lb
- Imprisonment
- 180 days–2 years
- Fine
- Fine $0–$10,000
State jail felony.
Marihuana delivery (§ 481.120) — more than 5 lb to 50 lb
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Marihuana delivery (§ 481.120) — more than 50 lb to 2,000 lb
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$10,000
1st-degree felony.
Marihuana delivery (§ 481.120) — more than 2,000 lb
- Imprisonment
- 10–99 years or life
- Fine
- Fine $0–$100,000
1st-degree felony, enhanced punishment.
Covers manufacture, delivery, and possession with intent to deliver. Weights are aggregate weight including adulterants or dilutants. Class mapping: Class A misdemeanour = up to 1 year, fine up to $4,000; Class B = up to 180 days, fine up to $2,000; state jail felony = 180 days–2 years, fine up to $10,000; 3rd-degree = 2–10 years, fine up to $10,000; 2nd-degree = 2–20 years, fine up to $10,000; 1st-degree = 5–99 years or life, fine up to $10,000.
Weapons
Weapons offences Verified against official source
This range was checked against the official legal text.
Statutory range
Unlawful carrying of weapons (§ 46.02) — base offence
- Imprisonment
- 0–1 year
- Fine
- Fine $0–$4,000
Class A misdemeanour.
Unlawful carrying — location-restricted knife carried by a person under 18 (§ 46.02(a-4))
- Imprisonment
- None
- Fine
- Fine $0–$500
Class C misdemeanour.
Carrying a handgun while prohibited from possessing a firearm, prohibition under § 46.04(a) (§ 46.02(a-7))
- Imprisonment
- 5–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony with a 5-year minimum term.
Carrying a handgun while prohibited from possessing a firearm, prohibition under § 46.04(b) or (c) (§ 46.02(a-7))
- Imprisonment
- 2–10 years
- Fine
- Fine $0–$10,000
3rd-degree felony.
Unlawful possession of a firearm — felon (§ 46.04(a))
- Imprisonment
- 2–10 years
- Fine
- Fine $0–$10,000
3rd-degree felony.
Unlawful possession of a firearm — criminal-street-gang member carrying a handgun in a vehicle / watercraft (§ 46.04(a-1)); family-violence possession (§ 46.04(b)); possession under a protective order (§ 46.04(c))
- Imprisonment
- 0–1 year
- Fine
- Fine $0–$4,000
Class A misdemeanour.
Prohibited weapons (§ 46.05) — explosive weapon, machine gun (if unregistered), armour-piercing ammunition, chemical dispensing device, zip gun, improvised explosive device
- Imprisonment
- 2–10 years
- Fine
- Fine $0–$10,000
3rd-degree felony.
Prohibited weapons (§ 46.05) — tire deflation device
- Imprisonment
- 180 days–2 years
- Fine
- Fine $0–$10,000
State jail felony.
Class mapping: Class C = fine up to $500, no jail; Class A = up to 1 year, fine up to $4,000; state jail felony = 180 days–2 years, fine up to $10,000; 3rd-degree = 2–10 years, fine up to $10,000; 2nd-degree = 2–20 years, fine up to $10,000.
Against the state
Organized crime Verified against official source
This range was checked against the official legal text.
Statutory range
Engaging in organized criminal activity (§ 71.02) — most serious predicate is a Class A misdemeanour
- Imprisonment
- 180 days–2 years
- Fine
- Fine $0–$10,000
Offence is a state jail felony under § 71.02(b).
Engaging in organized criminal activity (§ 71.02) — most serious predicate is a state jail felony
- Imprisonment
- 2–10 years
- Fine
- Fine $0–$10,000
One category higher: 3rd-degree felony under § 71.02(b).
Engaging in organized criminal activity (§ 71.02) — most serious predicate is a 3rd-degree felony
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
One category higher: 2nd-degree felony under § 71.02(b).
Engaging in organized criminal activity (§ 71.02) — most serious predicate is a 2nd-degree felony
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$10,000
One category higher: 1st-degree felony under § 71.02(b), at the ordinary 1st-degree range (§ 12.32).
Engaging in organized criminal activity (§ 71.02) — most serious predicate is a 1st-degree felony (ordinary)
- Imprisonment
- 15–99 years or life
- Fine
- Fine $0–$10,000
§ 71.02(b)(3): 1st-degree felony punishable by life or 15–99 years. Fine is the general 1st-degree cap under § 12.32(b).
Engaging in organized criminal activity (§ 71.02) — most serious predicate is a § 20.06 offence punishable under § 20.06(g)
- Imprisonment
- 30–99 years or life
- Fine
- Fine $0–$10,000
§ 71.02(b)(2): 1st-degree felony punishable by life or 30–99 years. Fine is the general 1st-degree cap under § 12.32(b).
Engaging in organized criminal activity (§ 71.02) — most serious predicate is aggravated sexual assault, defendant 18 or older, and victim under 6; or victim under 14 with § 22.021(a)(2)(A) manner; or victim under 17 with serious bodily injury
- Imprisonment
- Life without parole
- Fine
- No fine stated in § 71.02(b)(1)
§ 71.02(b)(1): 1st-degree felony punishable by life without parole. The subsection states imprisonment only.
Conspiracy to commit a § 71.02 offence (§ 71.02(c))
- Imprisonment
- Same range as the completed § 71.02 offence (see tiers above)
- Fine
- Same fine as the completed § 71.02 offence
Notwithstanding § 15.02(d), conspiracy under § 71.02 is punished in the same manner as the completed offence.
Renunciation proved (§ 71.02(d))
- Imprisonment
- Same category as the most serious predicate offence (no one-category increase)
- Fine
- Same category fine cap as the most serious predicate offence
Defendant must prove by a preponderance: voluntary and complete renunciation, withdrawal from the combination before commission of a § 71.02(a) offence, and substantial effort to prevent it. § 71.05 renunciation defence / mitigation also applies.
Deadly weapon used or exhibited (§ 71.02(e))
- Imprisonment
- One category above the § 71.02(b) category, where the (b) punishment is a 2nd-degree felony or lower
- Fine
- Fine $0–$10,000
§ 71.02(e) does not raise an offence already at 1st-degree under (b). If renunciation leaves the offence at Class A misdemeanour level, the offence is a state jail felony under § 71.02(e).
Violation of court order enjoining organized criminal activity (§ 71.021)
- Imprisonment
- 0–1 year
- Fine
- Fine $0–$4,000
Knowingly violating a temporary or permanent order issued under Tex. Civ. Prac. & Rem. Code § 125.065(a) or (b). Class A misdemeanour.
Coercing, inducing, or soliciting membership in a criminal street gang or foreign terrorist organization (§ 71.022)
- Imprisonment
- 2–10 years
- Fine
- Fine $0–$10,000
3rd-degree felony. Covers knowingly causing, enabling, encouraging, recruiting, or soliciting membership where membership requires commission of a Class A misdemeanour or felony, and coercing, inducing, or soliciting a child (under 17) to actively participate by threat of, or causing, bodily injury.
Coercing, inducing, or soliciting membership — second or subsequent offence (§ 71.022(c))
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Directing activities of criminal street gangs or foreign terrorist organizations (§ 71.023)
- Imprisonment
- 25–99 years or life
- Fine
- Fine $0–$10,000
1st-degree felony. Applies to a person in the identifiable leadership who knowingly finances, directs, or supervises the commission of, or a conspiracy to commit, listed offences by members: Art. 42A.054(a) felonies, deadly-weapon felonies, and listed Health & Safety Code drug offences (§§ 481.112(e)/(f), 481.1121(b)(4), 481.1123(d)/(e)/(f), 481.115(f), 481.120(b)(6)). Fine is the general 1st-degree cap under § 12.32(b).
Gang-free zone (§ 71.028) — § 71.02(a)(1), (4), or (7) offence (other than burglary, theft, burglary of a motor vehicle, unauthorized use of a motor vehicle) committed by an actor 17 or older
- Imprisonment
- One category above the underlying offence category
- Fine
- Fine cap of the resulting category
Applies in, on, or within 1,000 feet of school property, higher-education premises, a public or private youth center, a playground, or a residential treatment center (general residential operation), within 300 feet of a shopping mall, movie theater, public swimming pool, or video arcade facility, or on a school bus. No increase if the offence is punishable under § 71.02 as a 1st-degree felony (§ 71.028(d)).
§ 71.02(b) rule: except as provided in subsections (c), (d) and (e), an offence under § 71.02 is ONE CATEGORY HIGHER than the most serious § 71.02(a) predicate offence committed (if the most serious predicate is a Class A misdemeanour, the offence is a state jail felony). Conspiracy to commit a § 71.02 offence is punished the same as the completed offence (§ 71.02(c), notwithstanding § 15.02(d)). Renunciation: if the defendant proves by a preponderance that in voluntary and complete renunciation he withdrew from the combination before commission of a § 71.02(a) offence and made substantial effort to prevent it, the offence is the same category as the most serious predicate (§ 71.02(d)); § 71.05 makes renunciation an affirmative defence and, on a mitigation finding, lowers punishment one grade. Deadly weapon: an offence punishable as a 2nd-degree felony or lower under § 71.02(b) is one additional category higher if the person used or exhibited a deadly weapon during one or more § 71.02(a) offences; if renunciation leaves the offence at Class A misdemeanour level, it becomes a state jail felony (§ 71.02(e)). § 71.02(a) was reenacted and amended twice in 2025 (SB 1646, eff. May 30, 2025; SB 20, eff. Sept. 1, 2025); the two versions print different predicate lists — the SB 1646 version includes possession-with-intent predicates (5-b)/(5-c) and § 28.03(b)(4)(E) or (l) and § 31.21(d) or § 31.22(e), while the SB 20 version omits (5-b)/(5-c), adds § 43.235, and limits the § 28.03 and § 31.21 predicates — so the applicable list depends on the offence date; the penalty subsections (b)–(e) are the same. Fine figures for the § 71.02(b) 1st-degree tiers are the general 1st-degree cap under § 12.32(b), which § 71.02 displaces only as to imprisonment; § 71.02(b)(1) (life without parole) states no fine. Cross-reference only: federal RICO is not this entry.
Traffic & transport
DUI / drink driving Verified against official source
This range was checked against the official legal text.
Statutory range
DWI — first offence (§ 49.04)
- Imprisonment
- 72 hours–180 days
- Fine
- Fine $0–$2,000
Class B misdemeanour; 72-hour minimum confinement.
DWI — first offence, open container in immediate possession
- Imprisonment
- 6 days–180 days
- Fine
- Fine $0–$2,000
Class B misdemeanour; 6-day minimum confinement.
DWI — alcohol concentration 0.15 or more
- Imprisonment
- 0–1 year
- Fine
- Fine $0–$4,000
Class A misdemeanour.
DWI — operating in a school crossing zone during reduced-speed hours
- Imprisonment
- 180 days–2 years
- Fine
- Fine $0–$10,000
State jail felony.
DWI with child passenger under 15 (§ 49.045)
- Imprisonment
- 180 days–2 years
- Fine
- Fine $0–$10,000
State jail felony.
DWI — 1 prior intoxication-operating conviction (§ 49.09)
- Imprisonment
- 30 days–1 year
- Fine
- Fine $0–$4,000
Class A misdemeanour; 30-day minimum confinement.
DWI — 2 priors, or 1 prior § 49.08 intoxication manslaughter (§ 49.09)
- Imprisonment
- 2–10 years
- Fine
- Fine $0–$10,000
3rd-degree felony.
Intoxicated = loss of the normal use of mental or physical faculties, or alcohol concentration of 0.08 or more. Class mapping: Class B = up to 180 days, fine up to $2,000; Class A = up to 1 year, fine up to $4,000; state jail felony = 180 days–2 years, fine up to $10,000; 3rd-degree = 2–10 years, fine up to $10,000.
Cyber & digital
Cybercrime / hacking Verified against official source
This range was checked against the official legal text.
Statutory range
Bare unauthorised access — § 33.02(b)
- Imprisonment
- 0–180 days
- Fine
- Fine $0–$2,000
Class B misdemeanour.
Unauthorised access — 2+ prior ch. 33 convictions, or computer / network / system owned by a government or critical infrastructure facility
- Imprisonment
- 180 days–2 years
- Fine
- Fine $0–$10,000
State jail felony.
Access with intent to defraud / harm or to alter / damage / delete property, aggregate amount less than $100
- Imprisonment
- None
- Fine
- Fine $0–$500
Class C misdemeanour — § 33.02(b-1)/(b-2).
Access with intent to defraud / harm or to alter / damage / delete property, aggregate amount $100 to less than $750
- Imprisonment
- 0–180 days
- Fine
- Fine $0–$2,000
Class B misdemeanour.
Access with intent to defraud / harm or to alter / damage / delete property, aggregate amount $750 to less than $2,500
- Imprisonment
- 0–1 year
- Fine
- Fine $0–$4,000
Class A misdemeanour.
Access with intent to defraud / harm or to alter / damage / delete property, aggregate amount $2,500 to less than $30,000
- Imprisonment
- 180 days–2 years
- Fine
- Fine $0–$10,000
State jail felony.
Access with intent to defraud / harm or to alter / damage / delete property, aggregate amount $30,000 to less than $150,000
- Imprisonment
- 2–10 years
- Fine
- Fine $0–$10,000
3rd-degree felony.
Access with intent to defraud / harm or to alter / damage / delete property, aggregate amount $150,000 to less than $300,000; or any amount under $300,000 where the system is owned by a government / critical infrastructure; or obtaining another's identifying information via one computer / network / system
- Imprisonment
- 2–20 years
- Fine
- Fine $0–$10,000
2nd-degree felony.
Access with intent to defraud / harm or to alter / damage / delete property, aggregate amount $300,000 or more; or obtaining another's identifying information via more than one computer / network / system
- Imprisonment
- 5–99 years or life
- Fine
- Fine $0–$10,000
1st-degree felony.
Class mapping: Class C = fine up to $500, no jail; Class B = up to 180 days, fine up to $2,000; Class A = up to 1 year, fine up to $4,000; state jail felony = 180 days–2 years, fine up to $10,000; 3rd-degree = 2–10 years, fine up to $10,000; 2nd-degree = 2–20 years, fine up to $10,000; 1st-degree = 5–99 years or life, fine up to $10,000.