Tex. Codes » Penal Code · TITLE 1. INTRODUCTORY PROVISIONS · CHAPTER 1. GENERAL PROVISIONS
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Tex. Penal Code § 1.03 (2026)

Effect Of Code

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 100 cases (8 in the last 5 years), 1983–2026 · leading case: State v. Colyandro, 233 S.W.3d 870 (Tex. Crim. App. 2007).
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State v. Colyandro, 233 S.W.3d 870 (Tex. Crim. App. 2007). · cites it 8× “TEX. PENAL CODE § 1.03, Practice Commentary.”
Allen v. State, 249 S.W.3d 680 (Tex. App. 2008). · cites it 4× “See Tex. Penal Code Ann. § 1.03 (b) (West 2003).”
Chase, Ryan Francis, 448 S.W.3d 6 (Tex. Crim. App. 2014). · cites it 2× “013(a) is construed as a defense to criminal liability, does Tex. Penal Code § 1.03(b), which permits the export of Penal Code general and affirmative defenses to extra-Penal Code offenses, contemporaneously bar the import of extra-Penal Code defenses to Penal Code offenses?” .”
Delay v. State, 465 S.W.3d 232 (Tex. Crim. App. 2014). · cites it 2× “002 (repealed by Acts 2011, 82nd Leg., ch. 1009, § 6(1), p.”
Oler v. State, 998 S.W.2d 363 (Tex. App. 1999). · cites it 4× “TEX. PEN.CODE ANN. § 1.07(10) (Vernon 1994).”
Delay, Thomas Dale, 443 S.W.3d 909 (Tex. Crim. App. 2014). · cites it 2× “Code § 253.002 (repealed by Acts 2011, 82nd Leg.”
Aguirre v. State, 22 S.W.3d 463 (Tex. Crim. App. 1999). · cites it 2× “See Tex. Penal Code, §§ 1.03 and 6.02. I am troubled, however, with the concept of creating criminal offenses through laws that are, at heart, regulations on the use of property, i.”
Celis, Mauricio Rodriguez, 416 S.W.3d 419 (Tex. Crim. App. 2013). “Tex Penal Code § 1.03(b) ("The provisions of Titles 1, 2, and 3 apply to offenses defined by other law.”
Burgett v. State, 865 S.W.2d 594 (Tex. App. 1993). · cites it 3× “Tex.Penal Code Ann. §§ 1.03(b), 12.41 and 12.”
Archie v. State, 181 S.W.3d 428 (Tex. App. 2006). · cites it 2× “" TEX. PEN.CODE ANN. § 1.03(a) (Vernon 2003).”
Travis Cnty. v. Colunga, 753 S.W.2d 716 (Tex. App. 1988). · cites it 2× “201 (criminal statutes pertaining to pesticides); see also Tex. Pen.Code Ann. §§ 1.03(a), 1.07(a)(20); Tex.”
Schultz v. State, 923 S.W.2d 1 (Tex. Crim. App. 1996). · cites it 2× “TEX.PENAL CODE § 1.03(a). In fact, culpability only attaches to the intentional abandonment of a child when the child is abandoned "under circumstances that expose the child to an unreasonable risk of harm.”
Show all 100 citing cases →
— Tex. Penal Code § 1.03(a) — 19 cases
Archie v. State, 181 S.W.3d 428 (Tex. App. 2006). “" TEX. PEN.CODE ANN. § 1.03(a) (Vernon 2003).”
Travis Cnty. v. Colunga, 753 S.W.2d 716 (Tex. App. 1988). “201 (criminal statutes pertaining to pesticides); see also Tex. Pen.Code Ann. §§ 1.03(a), 1.07(a)(20); Tex.”
Schultz v. State, 923 S.W.2d 1 (Tex. Crim. App. 1996). “TEX.PENAL CODE § 1.03(a). In fact, culpability only attaches to the intentional abandonment of a child when the child is abandoned "under circumstances that expose the child to an unreasonable risk of harm.”
Sanchez v. State, 182 S.W.3d 34 (Tex. App. 2005).
United States v. White, 258 F.3d 374 (5th Cir. 2001).
— Tex. Penal Code § 1.03(b) — 38 cases
State v. Colyandro, 233 S.W.3d 870 (Tex. Crim. App. 2007). “TEX. PENAL CODE § 1.03, Practice Commentary.”
Chase, Ryan Francis, 448 S.W.3d 6 (Tex. Crim. App. 2014). “013(a) is construed as a defense to criminal liability, does Tex. Penal Code § 1.03(b), which permits the export of Penal Code general and affirmative defenses to extra-Penal Code offenses, contemporaneously bar the import of extra-Penal Code defenses to Penal Code offenses?” .”
Delay v. State, 465 S.W.3d 232 (Tex. Crim. App. 2014). “002 (repealed by Acts 2011, 82nd Leg., ch. 1009, § 6(1), p.”
Delay, Thomas Dale, 443 S.W.3d 909 (Tex. Crim. App. 2014). “Code § 253.002 (repealed by Acts 2011, 82nd Leg.”
Celis, Mauricio Rodriguez, 416 S.W.3d 419 (Tex. Crim. App. 2013). “Tex Penal Code § 1.03(b) ("The provisions of Titles 1, 2, and 3 apply to offenses defined by other law.”
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