Tex. Penal Code § 15.01 · Chapter 15. PREPARATORY OFFENSES
CRIMINAL ATTEMPT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.
(b) If a person attempts an offense that may be aggravated, his conduct constitutes an attempt to commit the aggravated offense if an element that aggravates the offense accompanies the attempt.
(c) It is no defense to prosecution for criminal attempt that the offense attempted was actually committed.
(d) Except as provided by Subsection (e), an offense under this section is one category lower than the offense attempted, and if the offense attempted is a state jail felony, the offense is a Class A misdemeanor.
(e) If the offense attempted is capital murder of a peace officer under Section 19.03(a)(1), the offense is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 25 years.
Notes and commentary — not statutory text
History
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 478, ch. 203, Sec. 4, eff. Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 570 (H.B. 1871), Sec. 1, 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.15.htm
- Text hash
- sha256 34f4c5816d8ae0feca620b369c8cda9e069708b85b1fdd070be0d3b95486429e
- 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.
Cited by 9 provisions
Provisions in this library whose text cites Tex. Penal Code § 15.01. Each shows the citation as that text prints it.
Education Code
Family Code
Government Code
Occupations Code
Penal Code
- Tex. Penal Code § 15.04RENUNCIATION DEFENSE.Printed as Section 15.01
- Tex. Penal Code § 33.05TAMPERING WITH DIRECT RECORDING ELECTRONIC VOTING MACHINE.Printed as Section 15.01(a) | Section 15.01(d)
- Tex. Penal Code § 38.11PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL OR CIVIL COMMITMENT FACILITY.Printed as Section 15.01 | Section 15.01(d)
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.