Texas Penal Code

§ 12.35 — STATE JAIL FELONY PUNISHMENT

PE § 12.35Title 3. PUNISHMENTS · Ch. 12. PUNISHMENTS · Art. C. ORDINARY FELONY PUNISHMENTS

Statute text

(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

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Legislative history

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.