Tex. Penal Code § 3.03 · Chapter 3. MULTIPLE PROSECUTIONS
SENTENCES FOR OFFENSES ARISING OUT OF SAME CRIMINAL EPISODE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) When the accused is found guilty of more than one offense arising out of the same criminal episode prosecuted in a single criminal action, a sentence for each offense for which the accused has been found guilty shall be pronounced. Except as otherwise provided by this section, the sentences shall run concurrently.
(b) If the accused is found guilty of more than one offense arising out of the same criminal episode, the sentences may run concurrently or consecutively if each sentence is for a conviction of:
(1) an offense:
(A) under Section 49.07 or 49.08, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of both sections;
(2) an offense:
(A) under Section 33.021 or an offense under Section 21.02, 21.11, 25.02, or 43.25 committed against a victim younger than 17 years of age at the time of the commission of the offense regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section; or
(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A) committed against a victim younger than 17 years of age at the time of the commission of the offense regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section;
(2-a) an offense:
(A) under Section 22.011 or 22.021, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section; or
(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section;
(3) an offense:
(A) under Section 21.15 or 43.26, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of both sections;
(4) an offense for which the judgment in the case contains an affirmative finding under Article 42.0197, Code of Criminal Procedure;
(5) an offense:
(A) under Section 20A.02, 20A.03, or 43.05, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section; or
(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section;
(6) an offense:
(A) under Section 22.04(a)(1) or (2) or Section 22.04(a-1)(1) or (2) that is punishable as a felony of the first degree, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section; or
(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A) and punishable as described by that paragraph, regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section;
(7) an offense under Section 43.235 or an offense for which a plea agreement was reached in a case in which the accused was charged with more than one offense under Section 43.235; or
(8) any combination of offenses listed in Subdivisions (1)-(7).
(b-1) Subsection (b)(4) does not apply to a defendant whose case was transferred to the court under Section 54.02, Family Code.
(c) If in a single criminal action the accused is found guilty of more than one offense under Section 22.02 that arises out of the same criminal episode, the sentences run consecutively if each sentence is for a conviction of an assault punishable as a felony of the first degree under Section 22.02(b)(4).
(d)(1) This subsection applies only to a single criminal action in which the accused is found guilty of:
(A) an offense under Section 20.05(a)(2) or an offense under Section 20.06 involving conduct constituting an offense under Section 20.05(a)(2); and
(B) an offense punishable under Section 22.01(b-4), 28.10, 30.02(c-2), 30.04(d)(3)(B), 30.05(d)(4), or 38.04(b-1) that arises out of the same criminal episode as the offense described by Paragraph (A).
(2) The sentence for an offense described by Subdivision (1)(A) may run consecutively with each sentence for an offense described by Subdivision (1)(B).
(3) If the accused is found guilty of more than one offense described by Subdivision (1)(A), the sentences for those offenses must run concurrently with each other.
(e) Except as otherwise provided by this subsection, if in a single criminal action the accused is found guilty of more than one offense arising out of the same criminal episode, the sentences may run consecutively if each sentence is for a conviction of an offense for which a plea agreement was reached in a case in which the accused was charged with an offense described by Subsection (d)(1)(A) and an offense described by Subsection (d)(1)(B). If the accused is found guilty of more than one offense described by Subsection (d)(1)(A), the sentences for those offenses must run concurrently with each other.
Notes and commentary — not statutory text
History
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 596, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 667, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 527 (H.B. 904), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.47, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 6, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 21, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 6.01, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 228 (H.B. 220), Sec. 1, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 1.01, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 249 (H.B. 1403), Sec. 1, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 467 (H.B. 165), Sec. 2, eff. September 1, 2023.
Acts 2023, 88th Leg., 3rd C.S., Ch. 2 (S.B. 4), Sec. 1, eff. February 6, 2024.
Acts 2025, 89th Leg., R.S., Ch. 557 (H.B. 1422), Sec. 12, eff. September 1, 2025.
Acts 2025, 89th Leg., R.S., Ch. 756 (S.B. 20), Sec. 2, 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.3.htm
- Text hash
- sha256 17b88ae24c7a5efff57ab9b23d3b5ab3ff5624f6cd8335ab3f1360e06205e4e2
- 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
Penal Code
- Tex. Penal Code § 20.05SMUGGLING OF PERSONS.Printed as Section 20.05(a)(2)
- Tex. Penal Code § 20.06CONTINUOUS SMUGGLING OF PERSONS.Printed as Section 20.06
- Tex. Penal Code § 20A.02TRAFFICKING OF PERSONS.Printed as Section 20A.02, 20A.03, or 43.05
- Tex. Penal Code § 20A.03CONTINUOUS TRAFFICKING OF PERSONS.Printed as Section 20A.02, 20A.03, or 43.05
- Tex. Penal Code § 21.02CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL.Printed as Section 21.02, 21.11, 25.02, or 43.25
- Tex. Penal Code § 21.11INDECENCY WITH A CHILD.Printed as Section 21.02, 21.11, 25.02, or 43.25
- Tex. Penal Code § 21.15INVASIVE VISUAL RECORDING.Printed as Section 21.15 or 43.26
- Tex. Penal Code § 22.01ASSAULT.Printed as Section 22.01
- Tex. Penal Code § 22.011SEXUAL ASSAULT.Printed as Section 22.011 or 22.021
- Tex. Penal Code § 22.02AGGRAVATED ASSAULT.Printed as Section 22.02 | Section 22.02(b)(4)
- Tex. Penal Code § 22.021AGGRAVATED SEXUAL ASSAULT.Printed as Section 22.011 or 22.021
- Tex. Penal Code § 22.04INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL.Printed as Section 22.04 | Section 22.04(a)(1)
- Tex. Penal Code § 25.02PROHIBITED SEXUAL CONDUCT.Printed as Section 21.02, 21.11, 25.02, or 43.25
- Tex. Penal Code § 33.021ONLINE SOLICITATION OF A MINOR.Printed as Section 33.021
- Tex. Penal Code § 43.05COMPELLING PROSTITUTION.Printed as Section 20A.02, 20A.03, or 43.05
- Tex. Penal Code § 43.235POSSESSION, PROMOTION, OR PRODUCTION OF CERTAIN VISUAL MATERIAL APPEARING TO DEPICT CHILD.Printed as Section 43.235
- Tex. Penal Code § 43.25SEXUAL PERFORMANCE BY A CHILD.Printed as Section 21.02, 21.11, 25.02, or 43.25
- Tex. Penal Code § 43.26POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY.Printed as Section 21.15 or 43.26
- Tex. Penal Code § 49.07INTOXICATION ASSAULT.Printed as Section 49.07 or 49.08
- Tex. Penal Code § 49.08INTOXICATION MANSLAUGHTER.Printed as Section 49.07 or 49.08
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