PENAL CODE

TITLE 1. INTRODUCTORY PROVISIONS

CHAPTER 1. GENERAL PROVISIONS

Sec. 1.01.  SHORT TITLE.  This code shall be known and may be cited as the Penal Code.

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.


Sec. 1.02.  OBJECTIVES OF CODE.  The general purposes of this code are to establish a system
of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and
inexcusably causes or threatens harm to those individual or public interests for which state
protection is appropriate. To this end, the provisions of this code are intended, and shall be
construed, to achieve the following objectives:
(1)  to insure the public safety through:
(A)  the deterrent influence of the penalties hereinafter provided;
(B)  the rehabilitation of those convicted of violations of this code; and
(C)  such punishment as may be necessary to prevent likely recurrence of criminal behavior;
(2)  by definition and grading of offenses to give fair warning of what is prohibited and of the
consequences of violation;
(3)  to prescribe penalties that are proportionate to the seriousness of offenses and that permit
recognition of differences in rehabilitation possibilities among individual offenders;
(4)  to safeguard conduct that is without guilt from condemnation as criminal;
(5)  to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or
oppressive treatment of persons suspected, accused, or convicted of offenses; and
(6)  to define the scope of state interest in law enforcement against specific offenses and to
systematize the exercise of state criminal jurisdiction.

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.


Sec. 1.03.  EFFECT OF CODE.  (a)  Conduct does not constitute an offense unless it is defined as
an offense by statute, municipal ordinance, order of a county commissioners court, or rule
authorized by and lawfully adopted under a statute.
(b)  The provisions of Titles 1, 2, and 3 apply to offenses defined by other laws, unless the statute
defining the offense provides otherwise; however, the punishment affixed to an offense defined
outside this code shall be applicable unless the punishment is classified in accordance with this
code.
(c)  This code does not bar, suspend, or otherwise affect a right or liability to damages, penalty,
forfeiture, or other remedy authorized by law to be recovered or enforced in a civil suit for conduct
this code defines as an offense, and the civil injury is not merged in the offense.

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.


Sec. 1.04.  TERRITORIAL JURISDICTION.  (a)  This state has jurisdiction over an offense that a
person commits by his own conduct or the conduct of another for which he is criminally
responsible if:
(1)  either the conduct or a result that is an element of the offense occurs inside this state;
(2)  the conduct outside this state constitutes an attempt to commit an offense inside this state;
(3)  the conduct outside this state constitutes a conspiracy to commit an offense inside this state,
and an act in furtherance of the conspiracy occurs inside this state; or
(4)  the conduct inside this state constitutes an attempt, solicitation, or conspiracy to commit, or
establishes criminal responsibility for the commission of, an offense in another jurisdiction that is
also an offense under the laws of this state.
(b)  If the offense is criminal homicide, a "result" is either the physical impact causing death or the
death itself. If the body of a criminal homicide victim is found in this state, it is presumed that the
death occurred in this state. If death alone is the basis for jurisdiction, it is a defense to the
exercise of jurisdiction by this state that the conduct that constitutes the offense is not made
criminal in the jurisdiction where the conduct occurred.
(c)  An offense based on an omission to perform a duty imposed on an actor by a statute of this
state is committed inside this state regardless of the location of the actor at the time of the offense.
(d)  This state includes the land and water and the air space above the land and water over which
this state has power to define offenses.

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.


Sec. 1.05.  CONSTRUCTION OF CODE.  (a)  The rule that a penal statute is to be strictly
construed does not apply to this code. The provisions of this code shall be construed according to
the fair import of their terms, to promote justice and effect the objectives of the code.
(b)  Unless a different construction is required by the context, Sections 311.011, 311.012, 311.014,
311.015, and 311.021 through 311.032 of Chapter 311, Government Code (Code Construction
Act), apply to the construction of this code.
(c)  In this code:
(1)  a reference to a title, chapter, or section without further identification is a reference to a title,
chapter, or section of this code; and
(2)  a reference to a subchapter, subsection, subdivision, paragraph, or other numbered or lettered
unit without further identification is a reference to a unit of the next-larger unit of this code in
which the reference appears.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1985, 69th
Leg., ch. 479, Sec. 69, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,
1994.


Sec. 1.06.  COMPUTATION OF AGE.  A person attains a specified age on the day of the
anniversary of his birthdate.

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.
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