Penal Code · §22.05

Deadly Conduct

(a) Recklessly engages in conduct placing another in imminent danger of serious bodily injury — Class A misdemeanor. (b) Knowingly discharges a firearm at one or more individuals or at a habitation/building/vehicle reckless as to whether occupied — 3rd degree felony.

To prove this offense, the State must establish each of the following elements: (a) Recklessly engages in conduct placing another in imminent danger of SBI — Class A; (b) Knowingly discharges firearm at one or more individuals OR at a habitation/building/vehicle reckless as to whether occupied — 3rd degree felony.

The base classification is Class A misdemeanor / 3rd degree felony (firearm), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Elements you must prove

  • (a) Recklessly engages in conduct placing another in imminent danger of SBI — Class A
  • (b) Knowingly discharges firearm at one or more individuals OR at a habitation/building/vehicle reckless as to whether occupied — 3rd degree felony
Texas Law — Charge Details
Class A Misd. → 3rd Degree Felony
Offense
Deadly Conduct
Statute
Tex. Penal Code §22.05
Classification
Class A misdemeanor / 3rd degree felony (firearm)

(a) Recklessly engages in conduct placing another in imminent danger of serious bodily injury — Class A misdemeanor. (b) Knowingly discharges a firearm at one or more individuals or at a habitation/building/vehicle reckless as to whether occupied — 3rd degree felony.

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Worked examples

Worked example 1

Discharging a firearm at or in the direction of one or more individuals, or at a habitation/building/vehicle reckless as to whether occupied, is:

  1. Disorderly Conduct
  2. Aggravated Assault
  3. Deadly Conduct (§22.05) — 3rd degree felony Correct
  4. Unlawful Discharge — Class A misdemeanor
Why: §22.05(a) (recklessly placing another in imminent danger of SBI) is a Class A misdemeanor. §22.05(b) (knowingly discharging a firearm at/in the direction of one or more individuals or a habitation/building/vehicle reckless as to occupancy) is a 3rd degree felony.
Statute: Tex. Penal Code §22.05