{"data":{"id":"us-tx/tex.-penal-code-12.35","jurisdiction":"us-tx","citation":"Tex. Penal Code § 12.35","heading":"STATE JAIL FELONY PUNISHMENT.","body":"(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.\n(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.\n(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:\n(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\n(2) the individual has previously been finally convicted of any felony:\n(A) under Section 21.02 or 21.03 or listed in Article 42A.054(a), Code of Criminal Procedure; or\n(B) for which the judgment contains an affirmative finding under Article 42A.054(c) or (d), Code of Criminal Procedure.\nAdded by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.\nAmended by:\nActs 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.48, eff. September 1, 2007.\nActs 2011, 82nd Leg., R.S., Ch. 122 (H.B. 3000), Sec. 13, eff. September 1, 2011.\nActs 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.81, eff. January 1, 2017.\nActs 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 17.001, eff. September 1, 2023.\nActs 2025, 89th Leg., R.S., Ch. 557 (H.B. 1422), Sec. 13, eff. September 1, 2025.","path":["PENAL CODE","TITLE 3. PUNISHMENTS","CHAPTER 12. PUNISHMENTS","SUBCHAPTER C. ORDINARY FELONY PUNISHMENTS"],"source_url":"https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm#12.35","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:34Z","sha256":"c30b31b6f2b8e3828d1f149ff13ecf95553e110d8f81bb7faf551e8bb8e844df","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-penal-code-12.34","next":"us-tx/tex.-penal-code-12.41"},"notice":"GroundRules: Original legal text. Not legal advice."}