Penal Code · §19.02
Murder
Elements
- A person
- Intentionally or knowingly causes the death of an individual; OR
- Intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; OR
- Commits or attempts to commit a felony (other than manslaughter), and in the course of and in furtherance of the commission, commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual
Penalty
First-degree felony — 5 to 99 years or life TDCJ + up to $10,000 fine (§12.32). At the punishment stage the defendant may raise sudden passion arising from adequate cause; if proved by a preponderance, the offense is reduced to a second-degree felony — 2 to 20 years TDCJ + up to $10,000 fine (§12.33).
Enhancements
Becomes Capital Murder under §19.03 if any aggravating circumstance applies (e.g., victim is a peace officer or firefighter on duty, murder for remuneration, mass shooting, victim under 10, etc.).