Texas Historical Statutes Project 1925 Penal Code of the State of Texas S as tat ex e T L L This project was made possible by the Texas State Law Library and a grant from the Litigation Section of the State Bar of Texas PENAL CODE OF THE STATE OF TEXAS ADOPTED AT THE REGULAR SESSION OF THE THIRTY-NINTH LEGISLATURE 1925 PUBLISHED BY AUTHORITY OF THE STATE OF TEXAS &.C. BALDWIN &SNNS STATE PRINTERS AUSTIN A BILL TO BE ENTITLED "AN ACT to Adopt and Establish a 'PENAL CODE' and a 'CODE OF CRIMINAL PROCEDURE' for the State of Texas." Be It Enacted by the Legislature of the State of Texas: SECTION 1. The following Titles, Chapters and Ar- ticles are hereby adopted and shall hereafter constitute and be known as the PENAL CODE of the State of Texas: THE PENAL CODE of the STATE OF TEXAS TITLE 1 GENERAL PROVISIONS. Chapter Chapter General objects, principles, Persons punishable, and cir- and rules of interpretation. 1 cumstances which excuse, Definitions ................ 2 extenuate or aggravate an offense ................. 3 CHAPTER ONE. GENERAL OBJECTS, PRINCIPLES, AND RULES OF INTERPRETATION. Article Article Design of the Code ............... 1 N'o offense against a law not in Object of punishment ............ 2 force ................ ......... 10 Penalties must be affixed by writ- When laws take effect............ 11 ten law....................... 3 Ignorance no excuse.............. 12 Common law rule of construction. 4 Modification by subsequent law. 13 Special provisions control general. 5 Effect of repeal .................. 14 Unintelligible law not operative.. 6 When new peralty is substituted. 15 General rules of construction..... 7 Change of definition ............. 16 Words, how understood ......... 8 Previous offense not affected by Innocence presumed .............. 9 this Code ....................... 17 No cumulative penalties.......... 18 Article 1. [1] Design of the Code.-The design of enacting this Code is to define in plain language every offense against the laws of this State, and affix to each offense its proper punish- ment. Art. 2. [2] Object of punishment.-The object of punish- ment is to suppress crime and reform the offender. Art. 3. [3] Penalties must be affixed by written law.-In order that the system of penal law in force in this State may be complete within itself, and that no system of foreign laws, writ- ten or unwritten, may be appealed to, it is declared that no per- son shall be punished for any act or omission, unless the same is made a penal offense, and a penalty is affixed thereto by the written law of this State. Art. 4. [4] Common law rule of construction.-The prin- ciples of the common law shall be the rule of construction when not in conflict with this Code or the Code of Criminal Procedure, or with some other written statute of this State. [Act Feb. 12, 1884.] Art. 5. [5] Special provisions control general.-Each gen- eral provision shall be controlled by a special provision on the same subject, if there be a conflict. Art. 6. r61 Unintelligible law not operative.-Whenever it appears that a provision of the penal law is so indefinitely framed or of such doubtful construction that it can not be under- 4 GENERAL PROVISIONS. stood, either from the language in which it is expressed, or from some other written law of the State, such penal law shall be re- garded as wholly inoperative. Art. 7. [9] General rule of construction.-This Code and every other law upon the subject of crime which may be enacted shall be construed according to the plain import of the lan- guage in which it is written, without regard to the distinction usually made between the construction of penal laws and laws upon other subjects; and no person shall be punished for an offense which is not made penal by the plain import of the words of a law. Art. 8. [10] Words, how understood.-Words which have their meaning specially defined shall be understood in that sense. though it be contrary to their usual meaning; and all words used in this Code, except where a word, term or phrase is specially defined, are to be taken and construed in the sense in which they are understood in common language, taking into consideration the context and subject matter relative to which they are employed. Art. 9. [11] Innocence presumed.-Every person accused of an offense shall be presumed to be innocent until his guilt is established by legal evidence beyond a reasonable doubt. Art. 10. [12] No offense against a law not in force.-No act or omission can be punished as an offense unless the law making it penal was in force at the time when such act or omission took place. Art. 11. [13] When laws take effect.-No law defining an offense, or affixing a penalty thereto, shall take effect until after the expiration of ninety days from the day of the ad- journment of the session at which such law was enacted, unless the Legislature shall otherwise determine. Art. 12. [14] Ignorance no excuse.-After a law has taken effect, no person shall be excused for its violation upon the ground that he was ignorant of its provisions. Art. 13. [15] Effect of modification by subsequent law.- When the penalty for an offense is prescribed by one law and altered by a subseauent law, the penalty of such second law shall not be inflicted for an offense committed before the second shall have taken effect. In every case the accused shall be tried under the law in force when the offense was committed, and if convicted punished under that law; except that when by the provisions of the second law the punishment is ameliorated he shall be punished under the second unless he elect to receive the penalty prescribed by the law in force when the offense was committed. Art. 14. [16] Repeal, effect of.-The repeal of a law where the repealing statute substitutes no other penalty will exempt from punishment all persons who may have violated such repealed law, unless it be otherwise declared in the repeal- ing statute. Art. 15. [17] When new penalty is substituted.-When by the provisions of a repealing statute a new penalty is substi- GENERAL OBJECTS, ETC. 5 tuted for an offense punishable under the law repealed, such repealing statute shall not exempt from punishment a person who has offended against the repealing law while it was in force, but in such case the rule prescribed in article 13 shall govern. Art. 16. [18] Change of definition.-If an offense be de- fined by one law and by a subsequent law the definition of the offense is changed, no such change shall take effect as to the offenses already committed; but one accused of violating the first law shall be tried under that law. Art. 17. [19] Previous offenses not affected.-No offense committed and no fine, forfeiture or penalty incurred under existing laws previous to the time when this Code takes effect shall be effected by the repeal herein of any such laws, but the punishment of such offense and the recovery of such fines and forfeitures shall take place as if the law repealed had remained in force, except that when any penalty, forfeiture or punish- ment shall have been mitigated by any provision of this Code, such provision shall control any judgment to be pronounced after this Code shall take effect for any offense committed be- fore that time, unless the defendant elect to be punished under the repeal law. Art. 18. [20] No cumulative penalties.-No penalty af- fixed to an offense by one law shall be cumulative of penalties under a former law, and where a new penalty is prescribed for an offense, the penalty of the first law shall be considered as repealed, unless the contrary be expressly provided in the law last enacted. CHAPTER TWO. DEFINITIONS. Article Article Definition of terms ............... 19 "Criminal action" ................. 4 Masculine includes feminine...... 20 "Convict". ...................... 25 Singular includes plural .......... 21 "Criminal process" .............. 26 Person includes corporation...... 22 "Writing" and "Oath". ........... 27 "Accused" and "Defendant" ...... 23 "Signature" .................... 28 Art. 19. [21] Definition of terms. -The terms "whoever", "anv Derson" "any one", and the pronouns "he" and "they" as referring to these terms, include females as well as males, unless there is some express declaration to the contrary. The word "man" imports a male person of any age, and "woman" a female person of any age. Art. 20. [22] Masculine includes feminine.-The use of any word expressive of relationship, state, condition, office or trust of any person, as of "parent", "child", "ascendant", "de- scendant", "minor", "infant", "ward", "guardian", or the like, or of the pronouns "he" or "they" in reference thereto, includes both males and females. Words used in the masculine gender include the feminine also, unless it appears that such was not the intent. Art. 21. [23] Singular includes plural.-The use of the singular number includes the plural and the plural the singular. Art. 22. [24] "Person".--Whenever any property or in- 6 GENERAL PROVISIONS. terest is intended to be protected by this Code, and the term "person" or any other general term is used to designate the party whose property it is intended to protect, the protection given shall extend to the property of the State, and of all public or private corporations. Art. 23. [25] "Accused" and "Defendant".-The word "ac- cused" is intended to refer to any person who, in a legal manner, is held to answer for an offense, at any stage of the proceeding, or against whom complaint in a lawful manner is made charging an offense, including all proceedings from the order for arrest to the final execution of the law.