Texas Codes

Tex. Penal Code § 1.02 (2026)

Objectives Of Code

✓ current as of May 2026
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Sec. 1.02. OBJECTIVES OF CODE. The general purposes of this code are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate. To this end, the provisions of this code are intended, and shall be construed, to achieve the following objectives:

(1) to insure the public safety through:

(A) the deterrent influence of the penalties hereinafter provided;

(B) the rehabilitation of those convicted of violations of this code; and

(C) such punishment as may be necessary to prevent likely recurrence of criminal behavior;

(2) by definition and grading of offenses to give fair warning of what is prohibited and of the consequences of violation;

(3) to prescribe penalties that are proportionate to the seriousness of offenses and that permit recognition of differences in rehabilitation possibilities among individual offenders;

(4) to safeguard conduct that is without guilt from condemnation as criminal;

(5) to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of persons suspected, accused, or convicted of offenses; and

(6) to define the scope of state interest in law enforcement against specific offenses and to systematize the exercise of state criminal jurisdiction.

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.

Notes of Decisions
Cited in 131 cases (22 in the last 5 years), 1984–2025 · leading case: Leday v. State, 983 S.W.2d 713 (Tex. Crim. App. 1998).
Leday v. State, 983 S.W.2d 713 (Tex. Crim. App. 1998). · cites it 2× “" TEX. PENAL CODE § 1.02. [18] See TEX. PENAL CODE §§ 8.”
Ex Parte Carmona, 185 S.W.3d 492 (Tex. Crim. App. 2006). · cites it 2× “, TEX. PEN.CODE, § 1.02(4) (an objective of penal code is "to safeguard conduct that is without guilt from condemnation as criminal"); TEX.”
Fisk v. State, 574 S.W.3d 917 (Tex. Crim. App. 2019). · cites it 3× “" TEX. PENAL CODE § 1.02 (emphasis added). To serve those purposes, Section 1.”
Johnson v. State, 967 S.W.2d 848 (Tex. Crim. App. 1998). · cites it 4× “Tex. Penal Code Ann. § 6.02 (b). [3] *855 An offense without a prescribed culpable mental state creates strict criminal liability.”
Wilkerson v. State, 881 S.W.2d 321 (Tex. Crim. App. 1994). · cites it 2× “Compare, Tex.Penal Code Ann. § 1.02(1). In Atiyeh v.”
Coffin v. State, 885 S.W.2d 140 (Tex. Crim. App. 1994). · cites it 2× “See, Tex.Penal Code Ann. § 1.02. However, this in no way assumes that appellant had the same motive to question Walker.”
Ex Parte Anderer, 61 S.W.3d 398 (Tex. Crim. App. 2001). · cites it 2× “" Tex. Penal Code § 1.02. [1] It would seem feasible and possibly recommended by the State and the majority that any defendant convicted of a sexual offense be required to attend counseling as a bond condition in order to prevent his committing the same or similar crime while…”
Espinosa v. State, 194 S.W.3d 703 (Tex. App. 2006). · cites it 2× “TEX. PEN.CODE ANN. § 1.02(1)(C) (Vernon 2003); Rogers, 991 S.”
Celis, Mauricio Rodriguez, 416 S.W.3d 419 (Tex. Crim. App. 2013). “" Tex. Penal Code § 1.02(4). For example, the situation in Hill v.”
Lee C. Ritchie v. Ann Caldwell Rupe, as Tr. for the Dallas Gordon Rupe, III 1995 Fam. Trust, 443 S.W.3d 856 (Tex. 2014). “455 (auto dealer’s franchise agreement may be terminated considering, inter alia, “oppression, adhesion, and the parties’ relative bargaining power”); Tex. Penal Code § 1.02 (objective of Penal Code is to prevent "arbitrary or oppressive treatment of persons suspected, accused,…”
Foster v. State, 525 S.W.3d 898 (Tex. App. 2017). “As previously set out, the evidence in this case showed appellant anally assaulted a six-year-old boy who looked on him as a father and also forced the child to perform oral sex on him.”
McINTOSH v. State, 297 S.W.3d 536 (Tex. App. 2009). · cites it 2× “Tex. Penal Code Ann. § 1.02 (4) (Vernon 2003).”
— Tex. Penal Code § 1.02(1) — 16 cases
Wilkerson v. State, 881 S.W.2d 321 (Tex. Crim. App. 1994). “Compare, Tex.Penal Code Ann. § 1.02(1). In Atiyeh v.”
Strong v. State, 87 S.W.3d 206 (Tex. App. 2002).
Jarvis v. State, 315 S.W.3d 158 (Tex. App. 2010).
Bain v. State, 115 S.W.3d 47 (Tex. App. 2003).
Roderick Beham v. State, 476 S.W.3d 724 (Tex. App. 2015).
— Tex. Penal Code § 1.02(1)(A) — 8 cases
Chapman v. State, 838 S.W.2d 574 (Tex. App. 1992).
W.V. v. State, 669 S.W.2d 376 (Tex. App. 1984).
WV v. State, 669 S.W.2d 376 (Tex. App. 1984).
Paul Terry Williams v. State (Tex. App. 2021).
— Tex. Penal Code § 1.02(1)(B) — 7 cases
Najar v. State, 74 S.W.3d 82 (Tex. App. 2002).
Proctor v. State, 871 S.W.2d 225 (Tex. App. 1994).
Dustin Allen Lambert v. State (Tex. App. 2017).
— Tex. Penal Code § 1.02(1)(C) — 2 cases
Espinosa v. State, 194 S.W.3d 703 (Tex. App. 2006). “TEX. PEN.CODE ANN. § 1.02(1)(C) (Vernon 2003); Rogers, 991 S.”
Robles v. State, 141 S.W.3d 250 (Tex. App. 2004).
— Tex. Penal Code § 1.02(2) — 4 cases
Sanchez v. State, 182 S.W.3d 34 (Tex. App. 2005).
McCelvey v. State, 143 S.W.3d 522 (Tex. App. 2004).
State v. Antionieta Carmaco, 203 S.W.3d 596 (Tex. App. 2006).
Phillips v. State, 790 S.W.2d 664 (Tex. App. 1988).
— Tex. Penal Code § 1.02(3) — 3 cases
Fisk v. State, 574 S.W.3d 917 (Tex. Crim. App. 2019). “" TEX. PENAL CODE § 1.02 (emphasis added). To serve those purposes, Section 1.”
Chapman v. State, 838 S.W.2d 574 (Tex. App. 1992).
Lindley v. State, 24 S.W.3d 435 (Tex. App. 2000).
— Tex. Penal Code § 1.02(4) — 6 cases
Ex Parte Carmona, 185 S.W.3d 492 (Tex. Crim. App. 2006). “, TEX. PEN.CODE, § 1.02(4) (an objective of penal code is "to safeguard conduct that is without guilt from condemnation as criminal"); TEX.”
Celis, Mauricio Rodriguez, 416 S.W.3d 419 (Tex. Crim. App. 2013). “" Tex. Penal Code § 1.02(4). For example, the situation in Hill v.”
Delay v. State, 465 S.W.3d 232 (Tex. Crim. App. 2014).
Delay, Thomas Dale, 443 S.W.3d 909 (Tex. Crim. App. 2014).
McINTOSH v. State, 297 S.W.3d 536 (Tex. App. 2009). “Tex. Penal Code Ann. § 1.02 (4) (Vernon 2003).”
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