Texas Penal Code


The Texas Penal Code is the principal criminal code of the State of Texas. The Code was originally enacted in 1856 and underwent substantial revision in 1973, with the passage of the Revised Penal Code, in large part based on the American Law Institute's Model Penal Code.

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, 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 consolidate, simplify, and clarify the substantive law of crimes; modernize a Penal Code designed for the preindustrialized, rural, and underpopulated Texas society of a century ago; identify and proscribe, with as much precision as possible, all significantly harmful criminal conduct; rationally grade offenses, according to the harm they cause or threaten, and sensibly apportion the sentencing authority between the judiciary and correctional system; codify the general principles of the penal law; and 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 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:
  1. : Introductory Provisions
  2. #:*Declares that all persons are presumed innocent unless proven guilty beyond a reasonable doubt.
  3. #. Multiple Prosecutions
  4. . General Principles of Criminal Responsibility
  5. #. Culpability Generally
  6. #:*Covers concepts such as mens rea and actus reus.
  7. #. Criminal Responsibility for Conduct of Another
  8. #:* Covers complicity and corporate liability.
  9. #. General Defenses to Criminal Responsibility
  10. #:*Covers the insanity defense, mistake of fact, mistake of law, intoxication, duress, entrapment, and the responsibility and capacity of minors, including minors with mental illness.
  11. #. Justification Excluding Criminal Responsibility
  12. #:*Covers self defense, defense of others, public duty, necessity, suicide prevention, defense of property, lawful arrest, and child discipline.
  13. Title 3. Punishments
  14. #. Punishments
  15. #:* Prescribes available punishment according to classification of the offense along with aggravating circumstances.
  16. Title 4. Inchoate Offenses
  17. #. Preparatory Offenses
  18. #:*Covers criminal attempt, criminal conspiracy, and criminal solicitation.
  19. #. Criminal Instruments, Interception of Wire or Oral Communication, and Installation of Tracking Device
  20. #:*Covers wiretapping, unauthorized computer network penetration, etc.
  21. Title 5. Offenses Against the Person
  22. #. Criminal Homicide
  23. #:* Covers murder, capital murder, manslaughter, and criminally negligent homicide.
  24. #. Kidnapping, Unlawful Restraint, and Smuggling of Persons
  25. #:* Covers false arrest, kidnapping, ransom, and human trafficking.
  26. #. Sexual Offenses
  27. #:*Covers child sexual abuse, homosexual conduct, public lewdness, indecent exposure, bestiality, indecency with a child, sexual relationships between students and teachers, secret photography, unlawful disclosure or promotion of intimate visual material, voyeurism, and sexual coercion.
  28. #. Assaultive Offenses
  29. #:* Covers assault, sexual assault, and aggravated assault
  30. Title 6. Offenses Against the Family
  31. #. Offenses Against the Family
  32. #:* Covers bigamy, incest, interference with child custody, criminal nonsupport, harboring a runaway child, domestic violence, trafficking of children, etc.).
  33. Title 7. Offenses Against Property
  34. #. Arson, Criminal Mischief, and Other Property Damage or Destruction
  35. #:*Also covers vandalism and graffiti.
  36. #. Robbery
  37. #. Burglary and Criminal Trespass
  38. #. Theft
  39. #:*Consolidates as simply "theft" distinct charges previously known as theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property. Also covers theft of trade secrets, vehicle theft, signal theft, EAS shielding and deactivation instruments, skimming, cargo theft, and petroleum theft.
  40. #. Fraud
  41. #:*Covers forgery, counterfeiting, carding, fraudulent loan applications, lottery scams and fake sweepstakes, essay mills, identity theft, etc.
  42. #. Computer Crimes
  43. #:*Covers hacking, phishing, online solicitation of a minor, denial-of-service attacks and other cyber-attacks, ransomware, computer viruses, cryptovirology, etc.
  44. #. Telecommunications Crime
  45. #:*Covers phone fraud, caller ID spoofing, etc.
  46. #. Money Laundering
  47. #. Insurance Fraud
  48. #. Medicaid Fraud
  49. Title 8. Offenses Against Public Administration
  50. #. Bribery and Corrupt Influence
  51. #. Perjury and Other Falsification
  52. #. Obstructing Governmental Operation
  53. #. Abuses of Office
  54. Title 9. Offenses Against Public Order and Decency
  55. #. Disorderly Conduct and Related Offenses
  56. #. Public Indecency
  57. Title 10. Offenses Against Public Health, Safety, and Morals
  58. #. Weapons
  59. #. Gambling
  60. #. Conduct Affecting Public Health
  61. #. Intoxication and Alcoholic Beverage Offenses
  62. #:* Covers driving, flying, and boating while intoxicated, vehicular manslaughter, etc.
  63. Title 11. Organized Crime
  64. #. Organized Crime
  65. #:*Covers mafias, street gangs, crime bosses, etc.