FELONY
PUNISHMENTS
§ 12.31.
Capital Felony
(a)
An individual adjudged guilty of a capital felony in a case in which the state
seeks the death penalty shall be punished by imprisonment in the institutional
division for life or by death. An individual adjudged guilty of a capital felony
in a case in which the state does not seek the death penalty shall be punished
by imprisonment in the institutional division for life.
(b)
In a capital felony trial in which the state seeks the death penalty,
prospective jurors shall be informed that a sentence of life imprisonment or
death is mandatory on conviction of a capital felony. In a capital felony trial
in which the state does not seek the death penalty, prospective jurors shall be
informed that the state is not seeking the death penalty and that a sentence of
life imprisonment is mandatory on conviction of the capital felony.
§
12.32. First Degree Felony Punishment
(a)
An individual adjudged guilty of a felony of the first degree shall be punished
by imprisonment in the institutional division for life or for any term of not
more than 99 years or less than 5 years.
(b)
In addition to imprisonment, an individual adjudged guilty of a felony of the
first degree may be punished by a fine not to exceed $10,000.
§
12.33. Second Degree Felony Punishment
(a)
An individual adjudged guilty of a felony of the second degree shall be punished
by imprisonment in the institutional division for any term of not more than 20
years or less than 2 years.
(b)
In addition to imprisonment, an individual adjudged guilty of a felony of the
second degree may be punished by a fine not to exceed $10,000.
§
12.34. Third Degree Felony Punishment
(a)
An individual adjudged guilty of a felony of the third degree shall be punished
by imprisonment in the institutional division for any term of not more than 10
years or less than 2 years.
(b)
In addition to imprisonment, an individual adjudged guilty of a felony of the
third degree may be punished by a fine not to exceed $10,000.
§
12.35. State Jail Felony Punishment
(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)
listed in Section 3g(a)(1), Article 42.12, Code of Criminal Procedure; or
(B)
for which the judgment contains an affirmative finding under Section 3g(a)(2),
Article 42.12, Code of Criminal Procedure.