CHAPTER 19. CRIMINAL HOMICIDE - Texas Statutes

PENAL CODE

TITLE 5. OFFENSES AGAINST THE PERSON

CHAPTER 19. CRIMINAL HOMICIDE

Sec. 19.01. TYPES OF CRIMINAL HOMICIDE. (a) A person commits

criminal homicide if he intentionally, knowingly, recklessly, or

with criminal negligence causes the death of an individual.

(b) Criminal homicide is murder, capital murder, manslaughter,

or criminally negligent homicide.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec.

1, eff. Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,

eff. Sept. 1, 1994.

Sec. 19.02. MURDER. (a) In this section:

(1) "Adequate cause" means cause that would commonly produce a

degree of anger, rage, resentment, or terror in a person of

ordinary temper, sufficient to render the mind incapable of cool

reflection.

(2) "Sudden passion" means passion directly caused by and

arising out of provocation by the individual killed or another

acting with the person killed which passion arises at the time of

the offense and is not solely the result of former provocation.

(b) A person commits an offense if he:

(1) intentionally or knowingly causes the death of an

individual;

(2) intends to cause serious bodily injury and commits an act

clearly dangerous to human life that causes the death of an

individual; or

(3) commits or attempts to commit a felony, other than

manslaughter, and in the course of and in furtherance of the

commission or attempt, or in immediate flight from the commission

or attempt, he commits or attempts to commit an act clearly

dangerous to human life that causes the death of an individual.

(c) Except as provided by Subsection (d), an offense under this

section is a felony of the first degree.

(d) At the punishment stage of a trial, the defendant may raise

the issue as to whether he caused the death under the immediate

influence of sudden passion arising from an adequate cause. If

the defendant proves the issue in the affirmative by a

preponderance of the evidence, the offense is a felony of the

second degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec.

1, eff. Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,

eff. Sept. 1, 1994.

Sec. 19.03. CAPITAL MURDER. (a) A person commits an offense if

the person commits murder as defined under Section 19.02(b)(1)

and:

(1) the person murders a peace officer or fireman who is acting

in the lawful discharge of an official duty and who the person

knows is a peace officer or fireman;

(2) the person intentionally commits the murder in the course of

committing or attempting to commit kidnapping, burglary, robbery,

aggravated sexual assault, arson, obstruction or retaliation, or

terroristic threat under Section 22.07(a)(1), (3), (4), (5), or

(6);

(3) the person commits the murder for remuneration or the

promise of remuneration or employs another to commit the murder

for remuneration or the promise of remuneration;

(4) the person commits the murder while escaping or attempting

to escape from a penal institution;

(5) the person, while incarcerated in a penal institution,

murders another:

(A) who is employed in the operation of the penal institution;

or

(B) with the intent to establish, maintain, or participate in a

combination or in the profits of a combination;

(6) the person:

(A) while incarcerated for an offense under this section or

Section 19.02, murders another; or

(B) while serving a sentence of life imprisonment or a term of

99 years for an offense under Section 20.04, 22.021, or 29.03,

murders another;

(7) the person murders more than one person:

(A) during the same criminal transaction; or

(B) during different criminal transactions but the murders are

committed pursuant to the same scheme or course of conduct;

(8) the person murders an individual under six years of age; or

(9) the person murders another person in retaliation for or on

account of the service or status of the other person as a judge

or justice of the supreme court, the court of criminal appeals, a

court of appeals, a district court, a criminal district court, a

constitutional county court, a statutory county court, a justice

court, or a municipal court.

(b) An offense under this section is a capital felony.

(c) If the jury or, when authorized by law, the judge does not

find beyond a reasonable doubt that the defendant is guilty of an

offense under this section, he may be convicted of murder or of

any other lesser included offense.

Added by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1,

eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 5317, ch.

977, Sec. 6, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 44,

Sec. 1, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 652, Sec.

13, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 715, Sec. 1,

eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 887, Sec. 1, eff.

Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.

Sept. 1, 1994; Acts 2003, 78th Leg., ch. 388, Sec. 1, eff. Sept.

1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

428, Sec. 1, eff. September 1, 2005.

Sec. 19.04. MANSLAUGHTER. (a) A person commits an offense if

he recklessly causes the death of an individual.

(b) An offense under this section is a felony of the second

degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Renumbered from Penal Code Sec. 19.04 by Acts 1973, 63rd Leg., p.

1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974. Amended by Acts

1987, 70th Leg., ch. 307, Sec. 1, eff. Sept. 1, 1987. Renumbered

from Penal Code Sec. 19.05 and amended by Acts 1993, 73rd Leg.,

ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 19.05. CRIMINALLY NEGLIGENT HOMICIDE. (a) A person

commits an offense if he causes the death of an individual by

criminal negligence.

(b) An offense under this section is a state jail felony.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Renumbered from Penal Code Sec. 19.06 by Acts 1973, 63rd Leg., p.

1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974. Renumbered from

Penal Code Sec. 19.07 and amended by Acts 1993, 73rd Leg., ch.

900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 19.06. APPLICABILITY TO CERTAIN CONDUCT. This chapter does

not apply to the death of an unborn child if the conduct charged

is:

(1) conduct committed by the mother of the unborn child;

(2) a lawful medical procedure performed by a physician or other

licensed health care provider with the requisite consent, if the

death of the unborn child was the intended result of the

procedure;

(3) a lawful medical procedure performed by a physician or other

licensed health care provider with the requisite consent as part

of an assisted reproduction as defined by Section 160.102, Family

Code; or

(4) the dispensation of a drug in accordance with law or

administration of a drug prescribed in accordance with law.

Added by Acts 2003, 78th Leg., ch. 822, Sec. 2.02, eff. Sept. 1,

2003.