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Texas Penal Code Sec. 1.03

Section 1.03 describes the effects of the Texas Code of Criminal Procedure.  The first subsection states that conduct does not constitute an offense unless there is a penal statute.  This dispenses with any common law crimes and restricts the imposition of jail sentences or imprisonment only to defined crimes which are outlined.  There are other codes which create crimes but there are no crimes that are not created by statutes or codes.  The most likely other code to be charged is the Traffic Code or the Controlled Substances act chapter 481 of the Texas Health and Safety Code. 

The final subsection of Section 1.03 covers the idea that you may sue someone in civil court independent of the criminal case.  

Sec. 1.03.  EFFECT OF CODE.  

(a)  Conduct does not constitute an offense unless it is defined as an offense by statute, municipal ordinance, order of a county commissioners court, or rule authorized by and lawfully adopted under a statute.

(b)  The provisions of Titles 1, 2, and 3 apply to offenses defined by other laws, unless the statute defining the offense provides otherwise;  however, the punishment affixed to an offense defined outside this code shall be applicable unless the punishment is classified in accordance with this code.

(c)  This code does not bar, suspend, or otherwise affect a right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil suit for conduct this code defines as an offense, and the civil injury is not merged in the offense.

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.


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