Three Strikes and Habitual Offender Laws in Texas
How Texas law treats three strikes and habitual offender laws, from the state code and official state agencies.
Short answer: 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. Tex. Penal Code § 12.42(a)-(d)
| Three strikes and habitual offender laws | 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. Source: Tex. Penal Code § 12.42(a)-(d) |
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FAQ
Does Texas have a three strikes law?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.