FastLaws: 2004 Texas Penal Code, Sec. 6.02. Requirement of Culpability.

FastLaws™ is produced by
Freelance Enterprises, Inc.

Please see the Terms of Use Policy
for information on copyright, disclaimer of warranties, and sources.

Please send your feedback, suggestions, and
other comments by using the contact page.
To tell others about this site, use the referral page.

A D V E R T I S E M E N T S

Baker's Legal Pages and FastLaws have no relationship with the advertisers whose ads appear below.

Baker's Texas Penal Code Handbook includes the full text of the Texas Penal Code as amended through the 79th Session of the Texas Legislature, and contains over 16,000 case notes from reported Texas court decisions, constituting a one-volume annotated Texas Penal Code. For more information visit the Baker's Texas Penal Code Handbook information page. The 2006 Edition of Baker's Texas Penal Code Handbook contains 219 case notes under this provision. Use our order form to place your order today.

From bills passed at the 79th Regular Session of the Texas Legislature (2005):

(see caveat and source notes at the 79th Regular Session page)

Penal Code Provision	Change	Bill	Sec.
Sec. 6.02	amended	HB 970	1

2004 Texas Penal Code

TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

CHAPTER 6. CULPABILITY GENERALLY

FastLaws™ Home
Penal Code Table of Contents
Chapter 6 Table of Contents
prior provision
next provision

Sec. 6.02. Requirement of Culpability.

(a) Except as provided in Subsection (b), a person does not commit an offense unless he intentionally, knowingly, recklessly, or with criminal negligence engages in conduct as the definition of the offense requires.

(b) If the definition of an offense does not prescribe a culpable mental state, a culpable mental state is nevertheless required unless the definition plainly dispenses with any mental element.

(c) If the definition of an offense does not prescribe a culpable mental state, but one is nevertheless required under Subsection (b), intent, knowledge, or recklessness suffices to establish criminal responsibility.

(d) Culpable mental states are classified according to relative degrees, from highest to lowest, as follows:

(1) intentional;

(2) knowing;

(3) reckless;

(4) criminal negligence.

(e) Proof of a higher degree of culpability than that charged constitutes proof of the culpability charged.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

A D V E R T I S E M E N T S

Baker's Legal Pages and FastLaws have no relationship with the advertisers whose ads appear below.