Texas Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

Texas grades felonies as capital felonies, felonies of the first, second and third degree, and state jail felonies. Capital felony: if the state seeks the death penalty, life imprisonment without parole or death; if not, life imprisonment for an offender younger than 18 at the time of the offense, or life without parole for an offender 18 or older. First degree: imprisonment for life or for any term of not more than 99 years or less than 5 years, plus an optional fine not to exceed $10,000. Second degree: not more than 20 years or less than 2 years, plus an optional fine not to exceed $10,000. Third degree: not more than 10 years or less than 2 years, plus an optional fine not to exceed $10,000. State jail felony: confinement in a state jail for not more than two years or less than 180 days, plus an optional fine not to exceed $10,000 (some state jail felonies are punished as third degree felonies in listed circumstances).

Class A misdemeanor: a fine not to exceed $4,000, confinement in jail for a term not to exceed one year, or both. Class B misdemeanor: a fine not to exceed $2,000, confinement in jail for a term not to exceed 180 days, or both. Class C misdemeanor: a fine not to exceed $500 (no jail).

Theft becomes a felony (state jail felony) at $2,500. Tiers: less than $100, Class C misdemeanor; $100 or more but less than $750, Class B misdemeanor (also less than $100 with a prior theft conviction, or a driver's license or ID card); $750 or more but less than $2,500, Class A misdemeanor; $2,500 or more but less than $30,000, state jail felony (also, regardless of value, property stolen from a person, a firearm, a human corpse or grave, an official ballot, and theft under $2,500 with two or more prior theft convictions, among other listed property); $30,000 or more but less than $150,000, felony of the third degree; $150,000 or more but less than $300,000, felony of the second degree (also an ATM or its contents or components under $300,000); $300,000 or more, felony of the first degree.

Stand your ground. A person who has a right to be present at the location where force is used, who has not provoked the person against whom force is used, and who is not engaged in criminal activity at the time force is used "is not required to retreat before using force," and the same applies before using deadly force. In determining whether the actor reasonably believed force or deadly force was immediately necessary, a finder of fact "may not consider whether the actor failed to retreat." Deadly force is justified when the actor reasonably believes it is immediately necessary to protect against the other's use or attempted use of unlawful deadly force, or to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

The actor's belief that force (or deadly force) was immediately necessary is presumed to be reasonable if the actor knew or had reason to believe that the person against whom force was used unlawfully and with force entered, or was attempting to enter, the actor's occupied habitation, vehicle, or place of business or employment; unlawfully and with force removed, or was attempting to remove, the actor from it; or was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery. The presumption also requires that the actor did not provoke the person and was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic. Civil immunity: a defendant who uses force or deadly force that is justified under Chapter 9 of the Penal Code is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force.

No limitation for murder and manslaughter and other listed offenses, including sexual assault in certain circumstances (such as when untested biological evidence was collected or DNA does not match the victim or another identified person), continuous sexual abuse of a young child or disabled individual, indecency with a child, leaving the scene of a collision resulting in death, certain human trafficking and compelling prostitution offenses, and tampering with evidence involving a human corpse. Ten years from commission: offenses such as arson, forgery, sexual assault (unless no limitation applies), theft by a fiduciary or public servant, and first degree injury to an elderly or disabled individual. Seven years: offenses including Chapter 32 fraud, money laundering, health care fraud, and child pornography. Five years: offenses including theft, robbery, most kidnapping and burglary, insurance fraud, family violence assault, and aggravated assault. Certain offenses against children run 20 years or 10 years from the victim's 18th birthday. All other felonies: three years from the date of the commission of the offense. Misdemeanors: two years from the date of the commission of the offense (three years for misdemeanor family-violence assault).

Prisoners are bailable by sufficient sureties unless for capital offenses when the proof is evident. Since an amendment adopted November 4, 2025, bail must be denied to a person accused of murder, capital murder, aggravated assault causing serious bodily injury or involving a firearm, club, knife or explosive, aggravated kidnapping, aggravated robbery, aggravated sexual assault, indecency with a child, trafficking of persons, or continuous trafficking of persons if the state shows after a hearing, by a preponderance of the evidence, that bail is insufficient to reasonably prevent willful nonappearance, or by clear and convincing evidence that bail is insufficient to reasonably ensure the safety of the community, law enforcement, and the victim; the accused is entitled to counsel at that hearing. Other constitutional provisions allow denial of bail for repeat felony offenders and for violations of release conditions or protective orders. A magistrate must make an individualized bail decision without unnecessary delay and not later than 48 hours after arrest, choosing a personal bond, a surety or cash bond, or denial of bail as permitted by law, and must impose the least restrictive conditions necessary. The amount and conditions of bail must be sufficient to give reasonable assurance of appearance but may not be used as an instrument of oppression; the magistrate considers the nature and circumstances of the offense (including violence), the defendant's ability to make bail, the future safety of the victim, law enforcement and the community, criminal history, and citizenship status. Bail schedules or standing orders inconsistent with these rules are not allowed, and a defendant charged with a Class B misdemeanor or higher who cannot post scheduled bail may file a sworn affidavit of financial inability. A public safety report must be ordered for Class B misdemeanors and higher. If the state is not ready for trial, a detained defendant must be released on personal bond or reduced bail after 90 days (felony), 30 days (misdemeanor punishable by more than 180 days), 15 days (misdemeanor punishable by 180 days or less), or 5 days (fine-only misdemeanor).

An indigent person is one who is not financially able to employ counsel. An indigent defendant is entitled to appointed counsel in any adversary judicial proceeding that may result in punishment by confinement. Once a request is made and adversarial proceedings have begun, the court must appoint counsel as soon as possible, but not later than the end of the third working day after receiving the request in a county with a population under 250,000, or the end of the first working day in a county with a population of 250,000 or more. To request counsel, the defendant completes a financial questionnaire under oath and/or answers the judge's or magistrate's questions under oath, and signs a statement that he or she is without means to employ counsel of his or her own choosing. The court may consider income and its source, assets and property, outstanding obligations and necessary expenses, the number and ages of dependents, and spousal income, but may not consider whether the defendant has posted or is capable of posting bail except as it reflects those circumstances. If the judge finds the defendant has financial resources to offset the cost of legal services, the judge may order the defendant to pay, up to the actual cost of the appointed attorney.

17. For sexual assault, "child" means a person younger than 17 years of age. Close-in-age defense: it is an affirmative defense to prosecution for sexual assault of a child that the actor was not more than three years older than the victim and at the time of the offense the victim was a child of 14 years of age or older, provided the actor was not required to register for life as a sex offender and did not have a reportable conviction or adjudication, and the victim was not a person whom the actor was prohibited from marrying or with whom sexual intercourse was barred under Penal Code §§ 25.01 or 25.02. Sexual assault is a felony of the second degree, with listed exceptions.

Possession is a crime; adult-use marijuana is not legal. Possession of marihuana: two ounces or less, Class B misdemeanor; more than two ounces but four ounces or less, Class A misdemeanor; more than four ounces but five pounds or less, state jail felony; more than five pounds but 50 pounds or less, felony of the third degree; more than 50 pounds but 2,000 pounds or less, felony of the second degree; more than 2,000 pounds, punishable by imprisonment for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000.

Assault in Texas covers causing bodily injury to someone, threatening someone with imminent bodily injury, and offensive physical contact. Causing bodily injury is a Class A misdemeanor (up to one year in jail and a $4,000 fine); a threat or offensive contact alone is a Class C misdemeanor (fine up to $500). Assault becomes a third-degree felony (2 to 10 years) against certain victims such as an on-duty public servant, security officer, emergency services worker or a person the actor knows is pregnant, and a second-degree felony against a peace officer or judge. Aggravated assault, causing serious bodily injury or using or exhibiting a deadly weapon, is a second-degree felony (2 to 20 years), and a first-degree felony (5 to 99 years or life) in listed cases such as a deadly weapon causing serious injury to a family member or an assault on an on-duty public servant.

Texas has no separate battery crime; physical attacks are charged as assault. Intentionally or knowingly causing physical contact that the person knows or should reasonably believe the other will find offensive or provocative is a form of assault and a Class C misdemeanor (fine up to $500), raised to a Class A misdemeanor when committed against an elderly or disabled individual. Causing bodily injury is Class A misdemeanor assault.

Assault on a family member, household member or dating partner (as defined in the Family Code) is charged under the general assault law, usually a Class A misdemeanor (up to one year and $4,000). It becomes a third-degree felony (2 to 10 years) if the defendant has a prior conviction for an offense against such a person, or if the assault involved impeding normal breathing or blood circulation by pressing on the throat or neck or blocking the nose or mouth (choking or strangulation); choking with a prior conviction is a second-degree felony (2 to 20 years). Assaulting a family, household or dating victim two or more times within 12 months is continuous violence against the family, a third-degree felony. Aggravated assault with a deadly weapon that causes serious bodily injury to a family member is a first-degree felony.

Texas has no separate shoplifting crime; it is charged as theft, graded by value. Theft of property worth less than $100 is a Class C misdemeanor (fine up to $500); $100 to less than $750 is a Class B misdemeanor (up to 180 days and $2,000), as is theft under $100 by someone with a prior theft conviction; $750 to less than $2,500 is a Class A misdemeanor (up to one year and $4,000). Theft of less than $2,500 becomes a state jail felony when the defendant has two or more prior theft convictions of any grade. Under the Theft Liability Act, a person who commits theft is civilly liable for actual damages plus additional damages of up to $1,000, and the winning party is awarded court costs and reasonable attorney's fees. Stealing from a merchant in concert with others is the separate offense of organized retail theft.

Burglary is entering a home, or a building not then open to the public, without the owner's consent with intent to commit a felony, theft or assault (or hiding inside with that intent, or entering and committing one). Burglary of a building other than a home is a state jail felony (180 days to 2 years); burglary of a habitation is a second-degree felony (2 to 20 years), and a first-degree felony if the intended or committed crime is a felony other than felony theft. Breaking into a vehicle is a separate Class A misdemeanor (state jail felony with two prior convictions). Robbery is causing bodily injury, or threatening or placing someone in fear of imminent injury or death, while committing theft; it is a second-degree felony. Aggravated robbery, causing serious bodily injury, using or exhibiting a deadly weapon, or robbing someone 65 or older or disabled, is a first-degree felony (5 to 99 years or life).

Vandalism is called criminal mischief in Texas: damaging, destroying or tampering with someone else's property, or marking it, without consent. It is graded by the amount of loss: less than $100 is a Class C misdemeanor; $100 to less than $750 a Class B misdemeanor; $750 to less than $2,500 a Class A misdemeanor; $2,500 to less than $30,000 a state jail felony; $30,000 to less than $150,000 a third-degree felony; $150,000 to less than $300,000 a second-degree felony; and $300,000 or more a first-degree felony. Graffiti is a separate offense graded on the same dollar tiers.

Criminal trespass is entering or staying on or in another's property without consent after notice that entry was forbidden, or after being told to leave. It is generally a Class B misdemeanor (up to 180 days and $2,000). It is a Class C misdemeanor (fine only) on agricultural land within 100 feet of its boundary. It is a Class A misdemeanor (up to one year and $4,000) if committed in a home (habitation) or shelter center, on a Superfund site, or at a critical infrastructure facility, or if the person carries a deadly weapon.

Possessing a Penalty Group 1 or 1-B drug (such as cocaine, heroin, methamphetamine or fentanyl) without a valid prescription is a state jail felony if less than one gram (180 days to 2 years), a third-degree felony for one to less than four grams, and more serious above that; possessing less than one gram of a Penalty Group 2 drug is also a state jail felony. For a state jail felony conviction for possessing less than one gram, the judge must suspend the sentence and place the defendant on community supervision (probation), unless the defendant has a prior felony conviction or was previously on deferred adjudication for the offense. Possessing drug paraphernalia for personal use is a Class C misdemeanor (fine up to $500). A person who was the first to call for emergency help for an overdose, or was the overdose victim, has a defense to the less-than-one-gram possession charge.

A driver in a crash that injures or kills someone must stop at or as close to the scene as possible, check on and help the injured, and stay to exchange information. Leaving the scene of a crash that causes death is a second-degree felony; serious bodily injury, a third-degree felony; any other injury, up to five years in prison or up to one year in county jail, a fine up to $5,000, or both. Leaving after damaging only a vehicle (or failing to report hitting an unattended vehicle) is a Class C misdemeanor if total damage is less than $200 and a Class B misdemeanor if $200 or more.

Reckless driving is driving a vehicle in wilful or wanton disregard for the safety of persons or property, on a highway or public place and also in business parking areas. It is a misdemeanor punishable by a fine not to exceed $200, confinement in county jail for not more than 30 days, or both.

Harassment covers acting with intent to harass, annoy, alarm, abuse, torment or embarrass someone by, for example, making obscene comments, threatening bodily injury or a felony, falsely reporting a death or serious injury, repeated or anonymous phone calls, repeated electronic messages, repeated online posts likely to cause distress, or tracking someone's property or vehicle without consent. It is a Class B misdemeanor (up to 180 days and $2,000), and a Class A misdemeanor with a prior harassment conviction or in certain other listed cases. Stalking, repeatedly following a pattern of conduct directed at one person that is harassing or threatening and causes the person to fear harm or feel harassed, is a third-degree felony (2 to 10 years), and a second-degree felony (2 to 20 years) with a prior stalking conviction.

Using force against a peace officer to prevent an arrest, search or transportation is resisting arrest, a Class A misdemeanor (up to one year and $4,000), and a third-degree felony if the person uses a deadly weapon. Intentionally fleeing from an officer lawfully trying to arrest or detain you is evading arrest, a Class A misdemeanor, and a state jail felony with a prior evading conviction. Fleeing in a vehicle is a felony; the code currently prints two versions of the grading (one makes it a state jail felony for a first offense, the other a third-degree felony). Evading is a third-degree felony if someone suffers serious bodily injury from the officer's attempt to catch the person, and a second-degree felony if someone dies.

Missing a court date after being released (with or without bail) on condition of appearing is called bail jumping and failure to appear in Texas. It is a Class A misdemeanor (up to one year in jail and/or a $4,000 fine) in most cases; a Class C misdemeanor (fine up to $500) if the charge you were due in court for is punishable by fine only; and a third-degree felony (2 to 10 years) if that charge is a felony. Having a reasonable excuse is a defense.

Probation is called community supervision in Texas. The judge may issue a warrant for a violation of any condition, and the arrested person must be brought before the judge (or a magistrate) within 48 hours; only the judge who ordered the arrest may set bail. After a hearing without a jury, the judge may continue, extend, modify, or revoke the community supervision. If the only alleged violation is failing to pay supervision fees or court costs, the state must prove by a preponderance of the evidence that the person was able to pay and did not.

Tampering with a witness (offering a benefit to, or coercing, a witness to lie, withhold evidence, avoid a subpoena, stay away, or drop a prosecution) is a third-degree felony; when the proceeding is a criminal case it is the same grade as the most serious offense charged, and a first-degree felony if that charge is a capital felony, with higher minimum grades in family-violence cases. Harming or threatening someone in retaliation for, or to prevent, their service as a public servant, witness or informant is called obstruction or retaliation, a third-degree felony (second degree in some cases, such as against a juror). Interfering with a peace officer or other public duties through criminal negligence is a Class B misdemeanor.

Perjury, making a false statement under oath (or a false unsworn declaration) with intent to deceive, is a Class A misdemeanor (up to one year in jail and/or a $4,000 fine). It becomes aggravated perjury, a third-degree felony (2 to 10 years), when the false statement is made in connection with an official proceeding and is material. Retracting the false statement before the testimony ends and before it becomes clear the lie will be exposed is a defense to aggravated perjury.

Public intoxication is a crime in Texas: appearing in a public place while intoxicated to the degree that you may endanger yourself or another. Bars and other premises licensed under the Alcoholic Beverage Code count as public places. It is a Class C misdemeanor (fine up to $500); a person under 21 is punished under the Alcoholic Beverage Code's minor-offense rules instead.

Disorderly conduct covers acts in public such as abusive or vulgar language or offensive gestures that tend to incite an immediate breach of the peace, threatening someone in an obviously offensive way, unreasonable noise, fighting, creating a noxious odor, reckless exposure, peeping into private areas for a lewd purpose, and certain firearm conduct. Most forms are a Class C misdemeanor (fine up to $500). Discharging a firearm in a public place (other than a public road or sport shooting range) or displaying a firearm or other deadly weapon in a manner calculated to alarm is a Class B misdemeanor (up to 180 days in jail and/or a $2,000 fine).

Indecent exposure (exposing the genitals or anus with intent to arouse or gratify sexual desire, while reckless about whether someone present will be offended or alarmed) is a Class B misdemeanor (up to 180 days in jail and/or a $2,000 fine). With one prior conviction it is a Class A misdemeanor, with two or more prior convictions it is a state jail felony, and it is a third-degree felony if the offender is civilly committed as a sexually violent predator. A second indecent-exposure violation is a reportable conviction for sex-offender registration, unless it results in deferred adjudication.

Selling sex (offering or agreeing to receive a fee for sexual conduct) is prostitution, a Class B misdemeanor; it becomes a Class A misdemeanor with one or two prior convictions and a state jail felony with three or more. Engaging in it because one was a victim of trafficking or compelled prostitution is a defense. Buying sex is a separate, more serious crime called solicitation of prostitution: a state jail felony (180 days to two years) for a first offense, a third-degree felony with a prior conviction, and a second-degree felony if the other person is (or is represented or believed to be) under 18; the punishment goes up one level on or near school premises or school events.

Betting on games, contests or elections, or playing cards, dice or other gambling devices for money, is the Class C misdemeanor of gambling (fine up to $500). It is a defense that the gambling was in a private place, nobody got an economic benefit other than personal winnings, and the odds were equal for all players except for skill or luck. Defenses also cover the state lottery, bingo and raffles permitted under the Occupations Code, and pari-mutuel racing under the Texas Racing Act. Running or profiting from gambling (gambling promotion) is a Class A misdemeanor.

Texas has no separate embezzlement crime: theft is a single offense that replaced the old offenses of embezzlement, extortion, swindling and others, so an employee who steals is charged with theft graded by value. Theft goes up one level if the thief was a public servant or government contractor who got the property through that position. A trustee, guardian, agent under a power of attorney, or other fiduciary who misuses property in a way that risks loss commits misapplication of fiduciary property, graded by value from a Class C misdemeanor (under $100) to a first-degree felony ($300,000 or more), and one level higher if the victim is elderly.

Identity theft is called fraudulent use or possession of identifying information: obtaining, possessing, transferring or using another person's identifying information without consent (or a deceased person's, or a child's) with intent to harm or defraud. It is always a felony, graded by the number of items: fewer than five, state jail felony; five to under 10, third degree; 10 to under 50, second degree; 50 or more, first degree. Credit card or debit card abuse (such as using a card without the owner's consent) is a state jail felony, or a third-degree felony if committed against an elderly person.

Forging a writing with intent to defraud or harm is a state jail felony; it is a third-degree felony for wills, deeds, mortgages, credit cards, checks, contracts and other commercial instruments, and a second-degree felony for money, securities, stamps and certain government records or instruments. When the forgery was used to get property or services, it is instead graded by value, from a Class B misdemeanor (under $100) to a first-degree felony ($150,000 or more), and one level higher against an elderly person. Writing a bad check (knowing there are insufficient funds) is a Class C misdemeanor, or Class B if the check was for court-ordered child support.

Texas has no separate blackmail or extortion crime; extortion was folded into theft, so getting property by coercion is charged as theft graded by value. 'Coercion' means a threat, however communicated, to commit an offense, to cause future bodily injury, to accuse someone of an offense, to expose someone to hatred, contempt or ridicule, to harm someone's credit or business reputation, or to take or withhold action as a public servant.

Texas uses 'capital murder' and 'murder' instead of degrees. Murder (intentionally or knowingly killing someone, intending serious injury and committing a clearly dangerous act that kills, felony murder, or delivering a fentanyl-type drug that kills) is a first-degree felony: 5 to 99 years or life, plus up to a $10,000 fine. If the defendant proves at sentencing that the killing happened in sudden passion from adequate cause, it drops to a second-degree felony (2 to 20 years). Capital murder (an intentional murder plus a listed factor, such as killing a police officer or firefighter, murder during kidnapping, burglary, robbery, sexual assault or arson, murder for hire, multiple murders, or a victim under 15) is a capital felony: death or life without parole for adults, or life for an offender under 18.

Texas has no 'voluntary manslaughter' (a sudden-passion killing is treated as second-degree murder). Manslaughter (recklessly causing a death) is a second-degree felony (2 to 20 years, up to $10,000 fine), or first degree if tied to an illegal motor vehicle race (Penal Code 28.09). Criminally negligent homicide is a state jail felony (180 days to 2 years). Intoxication manslaughter (causing a death by accident or mistake while intoxicated and driving, flying, boating or operating an amusement ride) is a second-degree felony, raised to first degree (5 to 99 years or life) if the victim was a firefighter, EMS worker, peace officer or judge on duty, or in other circumstances set by 2025 amendments.

Endangering a child (intentionally, knowingly, recklessly or with criminal negligence placing a child under 15 in imminent danger of death, injury or impairment, including through methamphetamine or fentanyl-type drugs) is a state jail felony (180 days to 2 years). Abandoning a child in one's care in a way that exposes the child to unreasonable risk is a state jail felony if the person meant to return, a third-degree felony (2 to 10 years) if not, and a second-degree felony (2 to 20 years) if a reasonable person would see imminent danger. Injury to a child is graded from a state jail felony (criminal negligence) up to a first-degree felony (intentionally or knowingly causing serious bodily injury).

Arson is starting a fire or causing an explosion intending to damage vegetation, a fence or structure on open-space land, or a building, home or vehicle (for example knowing it is insured, mortgaged, in a city, or belongs to someone else, or recklessly endangering life). It is a second-degree felony (2 to 20 years), and a first-degree felony (5 to 99 years or life) if someone is injured or killed or the target was a home or a place of assembly or worship. Recklessly causing a fire while making drugs is a state jail felony (third degree with injury or death), and intentionally starting a fire that recklessly damages another's building or injures someone is a state jail felony.

Cruelty to non-livestock animals: failing to provide necessary food, water, care or shelter, abandoning, cruelly transporting or confining, overworking, or injuring another's animal is a Class A misdemeanor (up to 1 year and $4,000), a state jail felony after two prior convictions. Torturing, cruelly killing or seriously injuring an animal, or killing or poisoning another's animal, is a third-degree felony (2 to 10 years), and second degree (2 to 20 years) with a prior conviction. Causing animals (other than dogs) to fight, or using live animals as lures, is a state jail felony. Livestock cruelty is a separate offense.

Yes. Unlawful disclosure of intimate visual material (sharing an image of another person's intimate parts or sexual conduct without consent, intending to harm them, when the image was meant to stay private, it causes harm and reveals the person's identity) is a state jail felony (180 days to 2 years, up to $10,000 fine). Threatening to share such material to get a benefit, and running a website that promotes it, are also covered. Victims may also sue for actual damages including mental anguish, court costs, attorney's fees and exemplary damages.

Harassment includes sending repeated electronic communications in a way reasonably likely to harass, annoy, alarm, abuse, torment, embarrass or offend; it is a Class B misdemeanor (up to 180 days and $2,000), and a Class A misdemeanor (up to 1 year and $4,000) if the electronic harassment targeted a child under 18 with intent that the child commit suicide or seriously harm himself or herself, or the actor violated a cyberbullying restraining order. Separately, 'David's Law' requires school districts to adopt bullying and cyberbullying policies; that school-policy statute itself does not carry a criminal penalty.

A minor (under 18) who electronically sends another minor a sexual image of a minor (including himself or herself), or possesses such an image produced by a minor, commits a Class C misdemeanor (fine up to $500), raised to Class B for harassing intent or a prior conviction and Class A for repeat offenses. It is a defense if the image showed only the two minors, who were dating (within two years of age) or married, and was shared only between them, or if the minor did not ask for it and destroyed it in a reasonable time. The law also covers AI-generated images of minors.

Money laundering (knowingly acquiring, concealing, transferring or investing proceeds of criminal activity, or financing criminal activity) is graded by value: $2,500 to under $30,000, state jail felony (180 days to 2 years); $30,000 to under $150,000, third-degree felony (2 to 10 years); $150,000 to under $300,000, second-degree felony (2 to 20 years); $300,000 or more, first-degree felony (5 to 99 years or life). Proceeds from one scheme may be added together.

Trafficking of persons (labor or sex) is generally a second-degree felony (2 to 20 years) and a first-degree felony (5 to 99 years or life) when it involves a child or disabled person in sex trafficking, causes serious injury or death, or involves a weapon or strangulation; a first-degree felony with a 25-year minimum applies when committed near schools, shelters and similar places. Continuous trafficking (two or more trafficking acts over 30 days or more) is a first-degree felony with a minimum of 25 years.

A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles; between adjacent signalized intersections pedestrians may cross only in a marked crosswalk, and diagonal crossing is allowed only where a traffic device permits. Pedestrians must use an available sidewalk and may not suddenly step into the path of a vehicle. A violation is a misdemeanor punishable by a fine of $1 to $200 (no jail).

Anyone (driver or passenger) who knowingly possesses an open container of alcohol in the passenger area of a vehicle on a public highway, whether moving, stopped or parked, commits a Class C misdemeanor (fine up to $500). Locked glove compartments, the trunk, or the area behind the last upright seat are not the passenger area, and passengers in buses, taxis, limousines and motor-home living quarters are exempt. Officers issue a citation instead of arresting.

A minor (under 21) who buys, possesses or consumes alcohol, or falsely claims to be 21 or shows a document saying so, commits a Class C misdemeanor (fine up to $500); possession and consumption are allowed in the visible presence of an adult parent, guardian or spouse. A minor 17 or older with two prior convictions faces a $250-$2,000 fine and up to 180 days in jail. The court must order 8-12 hours of alcohol-related community service (20-40 for a second) and a driver license suspension or denial of 30, 60 or 180 days for a first, second or third offense. Minors who call for medical help for an overdose, or report a sexual assault, are protected.

Driving while license invalid (suspended, revoked, cancelled, or barred by court order) is a Class C misdemeanor (fine up to $500) for a first offense. It is a Class B misdemeanor (up to 180 days and $2,000) with a prior conviction, if the person had no insurance, or if the earlier suspension was for DWI, and a Class A misdemeanor (up to 1 year and $4,000) if the uninsured driver caused a crash with serious injury or death.

No one may drive on a Texas highway without a driver license unless exempt, and drivers must carry the right class of license and show it on demand. Violating this is a misdemeanor with a fine up to $200; a third conviction within a year can bring $25-$500 and 72 hours to 6 months in jail, and causing a serious-injury crash while uninsured makes it a Class A misdemeanor. Producing in court a license that was valid at the time of the stop is a defense (the court may charge up to a $10 fee).

Texas no longer bans switchblades or other knife types; its weapons law focuses on 'location-restricted knives,' meaning a blade over 5.5 inches. A person under 18 who carries one away from home, his or her vehicle, or a parent's supervision commits a Class C misdemeanor. Carrying a location-restricted knife into listed places (such as polling places, courts, racetracks, airport secured areas, bars earning 51% from alcohol, sporting events, and prisons) is generally a Class C misdemeanor, but a third-degree felony on school or college premises.

Only fireworks meeting Consumer Product Safety Commission and state standards may be sold or used, and consumer (1.4G) fireworks only from permitted retail stands. Retail sales are allowed June 24 through July 4 and December 20 through January 1, plus county-approved periods (such as near the Mexican border for Cinco de Mayo and others a county may allow); sales to anyone under 16 or intoxicated are banned. Using fireworks within 600 feet of a church, hospital, school or child-care center without permission, near fuel or fireworks stores, or from or at a vehicle is prohibited; violations are generally Class B misdemeanors (Class C for minor violations with damage under $200). Counties in drought may restrict skyrockets with sticks and missiles with fins in unincorporated areas.

Unlawful restraint (intentionally or knowingly restraining someone) is a Class A misdemeanor (up to 1 year and $4,000), a state jail felony if the victim is under 17, a third-degree felony if the actor recklessly exposes the victim to substantial risk of serious bodily injury or restrains a public servant on duty, and a second-degree felony if the victim is a peace officer or judge on duty. Kidnapping (intentionally or knowingly abducting someone) is a third-degree felony (2 to 10 years). Aggravated kidnapping (abducting someone to hold for ransom, as a shield or hostage, to help commit a felony, to injure or sexually abuse, to terrorize, or to interfere with government, or using or showing a deadly weapon) is a first-degree felony (5 to 99 years or life), reduced to second degree (2 to 20 years) if the defendant proves at sentencing that the victim was voluntarily released in a safe place.

Texas calls this a terroristic threat: threatening to commit any violent offense against a person or property with intent to cause an emergency response, put someone in fear of imminent serious bodily injury, disrupt use of a building or public place, interrupt public services, put the public in fear, or influence government. Threatening a person with imminent serious injury is a Class B misdemeanor (up to 180 days and $2,000), a Class A misdemeanor if against a family or household member or a public servant, and a state jail felony if against a peace officer or judge. Disrupting a building or public place is a Class A misdemeanor, or a state jail felony if it causes $1,500 or more in loss; threats that interrupt public services, put the public in fear, or aim to influence government are third-degree felonies (2 to 10 years).

Stealing a car is theft, graded by the vehicle's value: for example $2,500 to under $30,000 is a state jail felony, $30,000 to under $150,000 a third-degree felony, $150,000 to under $300,000 a second-degree felony, and $300,000 or more a first-degree felony. Joyriding, called unauthorized use of a vehicle in Texas (intentionally or knowingly operating another person's boat, airplane or motor vehicle without the owner's effective consent), is a state jail felony (180 days to 2 years in a state jail and up to a $10,000 fine) regardless of value.

Texas folds receiving or concealing stolen property into its single theft offense: appropriating property is unlawful if the property is stolen and the person takes it knowing it was stolen by another. It is graded by value like other theft: under $100 a Class C misdemeanor; $100 to under $750 Class B; $750 to under $2,500 Class A; $2,500 to under $30,000 a state jail felony; $30,000 to under $150,000 third degree; $150,000 to under $300,000 second degree; $300,000 or more first degree. Pawnbrokers, secondhand dealers and salvage dealers are presumed to know property was stolen if they fail to keep required seller records.

Organized retail theft covers stealing merchandise or money from a merchant while acting with one or more others, stealing from merchants on two or more occasions within 180 days, knowingly benefiting from such thefts by others, or acting in a group to overwhelm a store's security or police. It is graded by the total value: under $100 a Class B misdemeanor; $100 to under $750 Class A; $750 to under $2,500 a state jail felony; $2,500 to under $30,000 third degree; $30,000 to under $150,000 second degree; and $150,000 or more first degree. Removing price tags or theft detectors or repackaging merchandise creates a presumption of intent to steal.

Knowingly manufacturing, delivering, or possessing with intent to deliver a controlled substance is graded by penalty group and weight. For Penalty Group 1 drugs (such as cocaine, methamphetamine and heroin), less than 1 gram is a state jail felony, 1 to under 4 grams a second-degree felony, and 4 to under 200 grams a first-degree felony (5 to 99 years or life); 200 to under 400 grams is punishable by 10 to 99 years or life and up to $100,000, and 400 grams or more by 15 to 99 years or life and up to $250,000. Fentanyl-type drugs in Penalty Group 1-B and other groups have their own weight tables. Delivering marijuana ranges from a Class B misdemeanor (1/4 ounce or less, no payment) up to 10 to 99 years or life and a $100,000 fine for more than 2,000 pounds.

Obtaining or trying to obtain a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge, or with a fraudulent written, phoned-in or electronic prescription, is a second-degree felony (2 to 20 years) for Schedule I or II drugs, a third-degree felony for Schedule III or IV, and a Class A misdemeanor for Schedule V. 'Doctor shopping' (getting a controlled substance or prescription from a practitioner that is not medically necessary by misrepresentation or by hiding a material fact, such as an existing prescription) is graded the same way. Issuing a prescription with a forged or fictitious signature is covered by the same section.

Texas calls this intoxication assault: by accident or mistake causing serious bodily injury to another while operating a motor vehicle in a public place, an aircraft, a boat or an amusement ride while intoxicated (0.08 alcohol concentration, or loss of normal use of mental or physical faculties). It is a third-degree felony (2 to 10 years). It becomes a second-degree felony (2 to 20 years) if the victim is a firefighter or EMS worker on duty or suffers a traumatic brain injury resulting in a persistent vegetative state, and a first-degree felony if the victim is a peace officer or judge on duty.

Taking part in any way in a race, speed competition or contest, drag race or acceleration contest, or related exhibition of speed on a highway is a Class B misdemeanor (up to 180 days and $2,000). It is a Class A misdemeanor with one prior conviction or if the driver was intoxicated or had an open container, a state jail felony with two prior convictions, a third-degree felony if someone suffers bodily injury, and a second-degree felony if someone suffers serious bodily injury or dies. Police must have the vehicle towed and stored at the owner's cost, and a conviction automatically suspends the driver's license for one year (an occupational license may be available) and requires at least 10 hours of community service.

Texas calls this boating while intoxicated: operating a boat or other watercraft while intoxicated, meaning an alcohol concentration of 0.08 or more or not having normal use of mental or physical faculties because of alcohol or drugs. A first offense is a Class B misdemeanor with a minimum of 72 hours in jail (up to 180 days and $2,000). One prior intoxication conviction makes it a Class A misdemeanor with a 30-day minimum, and two prior convictions (or one prior intoxication manslaughter) make it a third-degree felony (2 to 10 years). Boating while intoxicated with a passenger younger than 15 is a state jail felony.

Insurance fraud is preparing or presenting a statement to an insurer that the person knows contains false or misleading material information, with intent to defraud or deceive, in support of a claim (or paying or receiving kickbacks tied to a claim). It is graded by the claim's value: under $100 a Class C misdemeanor; $100 to under $750 Class B; $750 to under $2,500 Class A; $2,500 to under $30,000 a state jail felony; $30,000 to under $150,000 third degree; $150,000 to under $300,000 second degree; and $300,000 or more, or conduct that puts someone at risk of death or serious injury, first degree. Lying on an insurance application is a state jail felony, and the court must order restitution to the insurer.

Knowingly using, altering or transferring a SNAP (food stamp) EBT card in an unauthorized way, or possessing a card or redeeming benefits without authorization, is a Class A misdemeanor if the value is under $200 and a third-degree felony (2 to 10 years) at $200 or more; amounts taken in one scheme can be added together. Medicaid and other health care program fraud (false statements or hiding information to get benefits or payments one is not entitled to) is graded by value from a Class C misdemeanor (under $100) up to a first-degree felony ($300,000 or more).

Bribery (intentionally or knowingly offering, giving, asking for or accepting any benefit in exchange for a public servant's, party official's or voter's decision, vote or other official discretion, or for violating a legal duty) is a second-degree felony (2 to 20 years and up to $10,000). Political contributions are excluded unless given under an express agreement to take or withhold a specific official act. Commercial bribery (an employee, agent, trustee, lawyer, corporate officer or other fiduciary accepting a benefit to influence their conduct without the beneficiary's consent, or someone offering it) is a state jail felony.

Texas has no state personal income tax; criminal tax penalties mainly concern sales and other business taxes. Intentionally or knowingly failing to send the comptroller sales tax that a business collected is graded by the amount: under $50 a Class C misdemeanor; $50 to under $500 Class B; $500 to under $1,500 Class A; $1,500 to under $20,000 a state jail felony; $20,000 to under $100,000 third degree; $100,000 to under $200,000 second degree; and $200,000 or more first degree, with amounts from one scheme added together. Simply filing or paying late carries civil penalties (5% plus 5% after 30 days, and a $50 late-report fee).

Texas uses 'sexual assault' and 'aggravated sexual assault' instead of rape. Sexual assault (intentionally or knowingly causing sexual penetration without consent, including where the victim is unconscious, impaired, threatened, or exploited by a clergy member, health care provider, coach, caregiver or similar person) is a second-degree felony: 2 to 20 years and up to a $10,000 fine. It is a first-degree felony (5 to 99 years or life) if the victim is someone the actor could not legally marry or have sex with under the bigamy or incest laws. Aggravated sexual assault (sexual assault plus serious injury, an attempt to kill, threats of death, kidnapping or trafficking, a deadly weapon, acting with others, drugging the victim, or a victim who is elderly or disabled) is a first-degree felony. Sex with a child under 17 is also sexual assault; see the age-of-consent page.

Aggravated sexual assault of a child (sexual penetration or contact of the sexual organs with a child under 14) is a first-degree felony (5 to 99 years or life), with a 25-year minimum if the child is under 10, or under 14 and the offense involved serious injury, threats, a weapon or similar aggravating factors. Continuous sexual abuse of a young child (two or more acts of sexual abuse over 30 or more days by someone 17 or older against a child under 14) is a first-degree felony punishable by 25 to 99 years or life. Indecency with a child under 17 is a second-degree felony (2 to 20 years) for sexual contact and a third-degree felony (2 to 10 years) for indecent exposure to the child.

Knowingly possessing or accessing with intent to view material showing a child under 18 in sexual conduct is a third-degree felony (2 to 10 years); a second-degree felony (2 to 20 years) with 10 to 49 images or one prior conviction; a first-degree felony (5 to 99 years or life) with 50 or more images, depictions of child sexual assault, or two priors; and a first-degree felony with a 25-year minimum for child-care or youth-facility employees or for displaying it in a school library. Images of a child under 10 raise the grade. Promoting (distributing) it or possessing it with intent to promote is a second- or first-degree felony depending on which 2025 version applies (see note), with a 15-year minimum in listed cases such as 50 or more images. Inducing a child under 18 to engage in a sexual performance is a second-degree felony (first degree if the child is under 14). Since September 1, 2025, Texas also separately punishes AI-generated or computer-generated images that look like a real child (starting as a state jail felony for possession).

Yes. Online solicitation of a minor (over the internet, text or another electronic service, knowingly asking someone under 17, or someone believed to be under 17, to meet for sexual activity) is a second-degree felony (2 to 20 years), and it is no defense that the meeting never happened. A person 17 or older who sends sexually explicit messages or material to a minor, intending to commit a listed sex offense, commits a third-degree felony (2 to 10 years), or second degree if the minor is (or is believed to be) under 14. Each is raised one grade if committed during school hours against a student the actor knew or should have known was enrolled.

People with a reportable conviction or adjudication for a listed sex offense (including deferred adjudication and juvenile adjudications) must register with local police within 7 days of arriving in a city or county where they will live more than 7 days. Registration is for life for sexually violent offenses, child pornography, sex trafficking, and certain repeat offenses; most other registrants are on the list until 10 years after release, discharge from supervision or dismissal of the case. Failing to comply is a state jail felony for 10-year registrants (180 days to 2 years), a third-degree felony for lifetime registrants who verify yearly (2 to 10 years), and a second-degree felony for lifetime registrants who must verify every 90 days (2 to 20 years), raised one grade for a prior failure-to-register conviction.

A person convicted of a felony may not possess a firearm anywhere until the fifth anniversary of release from prison or from community supervision, parole or mandatory supervision, whichever is later; after that, possession is allowed only at the person's home. Violating this is a third-degree felony (2 to 10 years). A person convicted of misdemeanor family-violence assault may not possess a firearm for five years after release from jail or community supervision (Class A misdemeanor). The section does not set a separate rights-restoration procedure.

Breach of computer security (knowingly accessing a computer, network or system without the owner's consent) is a Class B misdemeanor (up to 180 days and a $2,000 fine), or a state jail felony for a government or critical-infrastructure system or a third conviction. Accessing a computer to defraud, harm or damage property is graded by the amount involved, from a Class C misdemeanor (under $100) to a first-degree felony ($300,000 or more, or obtaining others' identifying information from more than one system). Introducing ransomware or altering data in transit through deception (electronic data tampering) is a Class C misdemeanor, graded up to a first-degree felony by the amount or harm involved, and intentionally interrupting access to a computer system is a third-degree felony.

One-party consent. It is a defense to the interception crime that the person recording is a party to the phone call or in-person conversation, or that one party gave prior consent, unless the recording is made to commit an unlawful act. Unlawfully intercepting a wire, oral or electronic communication is a second-degree felony (2 to 20 years).

Knowingly making a false statement, with intent to deceive, that is material to a criminal investigation, to a police officer, authorized law enforcement employee, corrections officer or jailer is a Class B misdemeanor (up to 180 days and a $2,000 fine). Knowingly making a false report of a bombing, fire, crime or other emergency that would ordinarily cause an emergency response, fear or evacuation is a Class A misdemeanor, or a state jail felony if it involves a school, college or public service. Swatting (a false report that causes an emergency response, made recklessly as to whether someone could be hurt) is a Class A misdemeanor, a state jail felony after two prior convictions, and a third-degree felony if someone is seriously injured or killed as a result of the response.

Yes. If the judge or jury finds beyond a reasonable doubt that the defendant intentionally chose the victim or property because of bias or prejudice against a group identified by race, color, disability, religion, national origin or ancestry, age, gender, or sexual preference, or by status as a peace officer or judge, the judge enters a hate-crime finding. The offense is then punished at the next higher grade (for a Class A misdemeanor, the minimum jail term becomes 180 days); it does not apply to first-degree felonies. The judge may also order a tolerance education program.

Texas has parole and mandatory supervision, decided by the Board of Pardons and Paroles. A person accused of violating release conditions is entitled to a hearing before a parole panel or a board hearing officer, generally within 41 days of the warrant for administrative (technical) violations or 91 days for an alleged new offense not yet charged. After the hearing, a parole panel may continue, modify or revoke release; modifications can include 60 to 180 days in county jail or transfer to an intermediate sanction facility. On revocation the person may have to serve the rest of the sentence, and in many cases loses credit for time spent on parole.

Violating a protective order or bond condition in a family violence, sexual assault, stalking or trafficking case (for example by committing family violence or communicating with the protected person in a way the order prohibits) is a Class A misdemeanor (up to 1 year and a $4,000 fine). It is a state jail felony (180 days to 2 years) if committed while possessing a deadly weapon or in violation of a post-conviction order, and a third-degree felony (2 to 10 years) if the person has two prior convictions or commits an assault or stalking in the violation. Two or more violations within 12 months is a separate third-degree felony (second degree in some cases).

In Texas, 17-year-olds are charged as adults; the juvenile system covers ages 10 through 16. After a full investigation, diagnostic study and a hearing without a jury, a juvenile court may waive jurisdiction and transfer a child to adult court if the child was 14 or older for a capital felony, first-degree felony or aggravated drug felony, or 15 or older for a second- or third-degree or state jail felony, and the court finds probable cause and that the seriousness of the offense or the child's background requires criminal proceedings. The court weighs whether the offense was against a person, the child's maturity, record, and public safety versus rehabilitation. There is no direct file by prosecutors; transfer is mandatory only for a child previously transferred, with exceptions.

Texas has the death penalty. A person found guilty of a capital felony in a case where the state seeks death is punished by life without parole or death; if the state does not seek death, the sentence is life without parole (life, if the offender was younger than 18). Capital murder is murder with a listed aggravating circumstance, such as killing a peace officer or firefighter on duty, murder during a kidnapping, burglary, robbery, aggravated sexual assault or arson, murder for hire, killing more than one person, or killing a child younger than 15. Executions are carried out by intravenous injection of a substance or substances in a lethal quantity, supervised by the Texas Department of Criminal Justice.

People with felony convictions cannot vote in Texas while serving any part of the sentence. A person convicted of a felony becomes a qualified voter again once they have fully discharged the sentence, including any term of incarceration, parole or supervision, or completed a period of probation, or have been pardoned or otherwise released from the disability to vote. Rights return automatically at that point, but the person must register to vote. A deferred adjudication without a finding of guilt is not a final conviction for this purpose.

Voting returns automatically once a felony sentence is fully discharged (including parole, supervision or probation). Serving on a jury and holding public elective office are different: a person with a felony conviction is disqualified from jury service, and may not hold elective office unless pardoned or otherwise released from the resulting disabilities. Pardons are granted by the Governor on the written recommendation of the Board of Pardons and Paroles. People with certain non-violent, non-drug, non-firearm federal or foreign convictions may apply to the Board for restoration of civil rights after completing the sentence and a waiting period (three years for a federal offense). Firearm possession is barred until five years after release from confinement or supervision, and then allowed only at the person's home.

Texas's habitual offender law: if a person on trial for a felony (other than a state jail felony punished under § 12.35(a)) has two prior felony convictions, and the second prior offense happened after the first conviction became final, the punishment is life or 25 to 99 years in prison. With one prior felony conviction the offense is punished one degree higher (a third-degree felony as second degree, a second-degree felony as first degree), and a first-degree felony carries life or 15 to 99 years. Life is mandatory for certain repeat sex offenses, such as a second conviction for aggravated sexual assault or sexual assault after a listed prior sex-offense conviction.

Consumable hemp products are legal in Texas if they contain no more than 0.3 percent delta-9 THC, but delta-8 THC is not: the Department of State Health Services (DSHS) says the Texas Supreme Court confirmed in Texas Department of State Health Services v. Sky Marketing Corp. that delta-8 THC is a controlled substance, with only naturally occurring trace amounts from the hemp plant exempt, and a Texas schedule affecting delta-8 THC took effect July 31, 2026. Products labeled as containing delta-8 or containing more than trace amounts of THC may be detained and referred to law enforcement. Since emergency rules adopted October 2, 2025, licensed and registered sellers may not sell consumable hemp products to anyone under 21 and must check government-issued ID; permanent rules took effect March 31, 2026. Manufacturers need a DSHS license and retailers a DSHS registration, products must be tested and labeled, and manufacturing hemp products for smoking in Texas is prohibited.

Psilocybin and psilocin ('magic mushrooms') are in Penalty Group 2 of the Texas Controlled Substances Act. Possessing less than one gram is a state jail felony (180 days to 2 years); 1 to 4 grams, a third-degree felony (2 to 10 years); 4 to 400 grams, a second-degree felony (2 to 20 years); and 400 grams or more, life or 5 to 99 years and a fine up to $50,000. Weight includes adulterants and dilutants.

Kratom is legal for adults in Texas and regulated as a food product. Selling, distributing or exposing a kratom product for sale to someone younger than 18 is a Class C misdemeanor (fine up to $500). Kratom products must carry use directions and a serving size, and may not be adulterated or contaminated, contain synthetic alkaloids (including synthetic 7-hydroxymitragynine), or contain 7-hydroxymitragynine above two percent of the product's overall alkaloid composition. Violations also carry civil penalties of $250 for a first violation, $500 for a second and $1,000 for each later one.

Hemp CBD products (oils, gummies, food and drinks, cosmetics) are legal in Texas as 'consumable hemp products' if they contain no more than 0.3 percent delta-9 THC. Each product must be tested and labeled, including a certification of the THC concentration; makers need a DSHS manufacturer license, and stores selling CBD products must register each location with DSHS. Since October 2, 2025, DSHS rules bar licensed and registered sellers from selling consumable hemp products to anyone under 21. Selling a cannabinoid oil falsely claimed to comply with these rules is a deceptive trade practice.

The minimum age to buy cigarettes, e-cigarettes and tobacco products in Texas is 21, except that a person 18 or older with a valid U.S. or state military ID may buy them. Selling or giving these products to someone under 21 is a Class C misdemeanor. A person under 21 who possesses, buys, uses or accepts them, or uses false ID to get them, commits an offense punishable by a fine of up to $100; the court must suspend the sentence and order an e-cigarette and tobacco awareness program (or 8 to 12 hours of community service), and a first offender who completes it has the case dismissed.

Texas protects an 'elderly individual' (65 or older) and disabled individuals under the injury statute: intentionally or knowingly causing serious bodily injury or serious mental injury is a first-degree felony (5 to 99 years or life), or second degree if reckless; causing bodily injury is a third-degree felony if intentional or knowing and a state jail felony if reckless; and criminal negligence is a state jail felony. The same applies to caregivers and facility staff whose omissions cause the harm. Financial abuse of an elderly individual is graded by value, from a Class B misdemeanor (under $100) to a first-degree felony ($150,000 or more).

Voyeurism (watching someone, including remotely, for sexual gratification without consent while they are in a dwelling or structure where they have a reasonable expectation of privacy) is a Class A misdemeanor (up to one year and $4,000). It is a state jail felony for a repeat offense, a victim under 18, or an offense on a college campus, and a third-degree felony for a repeat offense against a child. Invasive visual recording (secretly photographing or recording intimate areas, or recording someone in a bathroom, bedroom or changing room, without consent, or promoting such images) is a state jail felony (180 days to 2 years).

Assault causing bodily injury is normally a Class A misdemeanor in Texas, but it is a second-degree felony (2 to 20 years) against a person the actor knows is a peace officer or judge performing official duties or in retaliation for them, and a third-degree felony (2 to 10 years) against other public servants, security officers, emergency services personnel, hospital personnel, process servers and utility workers on duty. Aggravated assault (serious bodily injury or a deadly weapon) against a public servant on duty is a first-degree felony (5 to 99 years or life).