Texas § PE.12.35 - STATE JAIL FELONY PUNISHMENT
Full text of Texas The Texas Constitution § PE.12.35 — STATE JAIL FELONY PUNISHMENT, with citation guidance and answers to common questions.
§ PE.12.35. STATE JAIL FELONY PUNISHMENT
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) under Section 21.02 or 21.03 or listed in Article 42A.054 (a), Code of Criminal Procedure; or (B) for which the judgment contains an affirmative finding under Article 42A.054 (c) or (d), Code of Criminal Procedure. Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by: Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8 ), Sec. 3.48, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 122 (H.B. 3000 ), Sec. 13, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299 ), Sec. 2.81, eff. January 1, 2017. Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595 ), Sec. 17.001, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 557 (H.B. 1422 ), Sec. 13, eff. September 1, 2025. SUBCHAPTER D. EXCEPTIONAL SENTENCES
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § PE.12.35
What does The Texas Constitution § PE.12.35 cover?
Section PE.12.35 ("STATE JAIL FELONY PUNISHMENT") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § PE.12.35?
A common citation format is "The Texas Constitution § PE.12.35" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § PE.12.35 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.