Tex. Penal Code § 12.35 · Subchapter C. ORDINARY FELONY PUNISHMENTS
STATE JAIL FELONY PUNISHMENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.
(b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.
(c) An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that:
(1) a deadly weapon as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the individual used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or
(2) the individual has previously been finally convicted of any felony:
(A) under Section 21.02 or 21.03 or listed in Article 42A.054(a), Code of Criminal Procedure; or
(B) for which the judgment contains an affirmative finding under Article 42A.054(c) or (d), Code of Criminal Procedure.
Notes and commentary — not statutory text
History
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.48, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 122 (H.B. 3000), Sec. 13, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.81, eff. January 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 17.001, eff. September 1, 2023.
Acts 2025, 89th Leg., R.S., Ch. 557 (H.B. 1422), Sec. 13, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm
- Text hash
- sha256 5ca312b53002f3dce8d6a205a187e8fec341ac4d088e2226b61caf01757a605e
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
Cited by 5 provisions
Provisions in this library whose text cites Tex. Penal Code § 12.35. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 42A.053JUDGE-ORDERED COMMUNITY SUPERVISION.Printed as Section 12.35, Penal Code
- Tex. Code Crim. Proc. art. 42A.515COMMUNITY SUPERVISION FOR CERTAIN PROSTITUTION OFFENSES.Printed as Section 12.35(a), Penal Code | Section 12.35, Penal Code
- Tex. Code Crim. Proc. art. 42A.551PLACEMENT ON COMMUNITY SUPERVISION; EXECUTION OF SENTENCE.Printed as Section 12.35(a), Penal Code
Penal Code
- Tex. Penal Code § 12.42PENALTIES FOR REPEAT AND HABITUAL FELONY OFFENDERS ON TRIAL FOR FIRST, SECOND, OR THIRD DEGREE FELONY.Printed as Section 12.35(a)
- Tex. Penal Code § 12.425PENALTIES FOR REPEAT AND HABITUAL FELONY OFFENDERS ON TRIAL FOR STATE JAIL FELONY.Printed as Section 12.35(a) | Section 12.35(c)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.