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Murder
A person commits murder if the person:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual;
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, the person commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual; or
(4) knowingly manufactures or delivers a controlled substance included in Penalty Group 1-B under Section 481.1022, Health and Safety Code, in violation of Section 481.1123, Health and Safety Code, and an individual dies as a result of injecting, ingesting, inhaling, or introducing into the individual’s body any amount of the controlled substance manufactured or delivered by the actor, regardless of whether the controlled substance was used by itself or with another substance, including a drug, adulterant, or dilutant.
An offense under this section is a felony of the first degree. A first degree felony offense is punishable from a minimum of 5 years and up to a maximum of 99 years or life in prison and a $10,000 fine.
Manslaughter
A person commits manslaughter if he recklessly causes the death of an individual.
An offense under this section is a felony of the second degree. A second degree felony offense and is punishable from a minimum of 2 years and up to a maximum of 20 years in prison and a $10,000 fine.
Manslaughter can also be charged as a first degree felony under certain circumstances.
Capital Murder
A person commits an offense if the person commits murder and:
(1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;
(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6) of the Texas Penal Code;
(3) the person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration;
(4) the person commits the murder while escaping or attempting to escape from a penal institution;
(5) the person, while incarcerated in a penal institution, murders another:
- (A) who is employed in the operation of the penal institution; or
- (B) with the intent to establish, maintain, or participate in a combination or in the profits of a combination;
(6) the person:
- (A) while incarcerated for an offense under this section or for murder, murders another; or
- (B) while serving a sentence of life imprisonment or a term of 99 years for Aggravated Kidnapping, Aggravated Sexual Assault, or Aggravated Robbery, murders another;
(7) the person murders more than one person:
- (A) during the same criminal transaction; or
- (B) during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct;
(8) the person murders an individual under 10 years of age;
(9) the person murders an individual 10 years of age or older but younger than 15 years of age; or
(10) the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court.
An offense under this section is a capital felony. A person found guilty in a case in which the state seeks the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for life without parole or by death. A person found guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for:
(1) life, if the individual committed the offense when younger than 18 years of age; or
(2) life without parole, if the individual committed the offense when 18 years of age or older.