Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for life without parole or by death. An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for:
(1) life, if the individual committed the offense when younger than 18 years of age; or
(2) life without parole, if the individual committed the offense when 18 years of age or older.
(b) In a capital felony trial in which the state seeks the death penalty, prospective jurors shall be informed that a sentence of life imprisonment without parole or death is mandatory on conviction of a capital felony. In a capital felony trial in which the state does not seek the death penalty, prospective jurors shall be informed that the state is not seeking the death penalty and that:
(1) a sentence of life imprisonment is mandatory on conviction of the capital felony, if the individual committed the offense when younger than 18 years of age; or
(2) a sentence of life imprisonment without parole is mandatory on conviction of the capital felony, if the individual committed the offense when 18 years of age or older.
Added by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, Sec. 2, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 652, Sec. 12, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 838, Sec. 4, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2005, 79th Leg., Ch. 787 (S.B. 60), Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.145, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 765 (S.B. 839), Sec. 1, eff. September 1, 2009.
Acts 2013, 83rd Leg., 2nd C.S., Ch. 2, Sec. 1, eff. July 22, 2013.
Notes of Decisions
Cited in
487
cases (
82 in the last 5 years), 1979–2026 · leading case:
Meadoux v. State, 325 S.W.3d 189 (Tex. Crim. App. 2010).
Meadoux v. State, 325 S.W.3d 189 (Tex. Crim. App. 2010).
· cites it 12× “[3] Meadoux argued, in effect, that Texas Penal Code § 12.31(a), as it was then written, was unconstitutional as applied to juveniles.”
Adams v. Texas, 448 U.S. 38 (1980).
· cites it 8× “[1] During voir dire examination of individual prospective jurors, the prosecutor, and sometimes the trial judge, intensively inquired as to whether *42 their attitudes about the death penalty permitted them to take the oath set forth in Tex. Penal Code Ann. § 12.31 (b) (1974).…”
Guzman v. State, 539 S.W.3d 394 (Tex. App. 2017).
· cites it 9× “The comparison is inapposite; if the minimum required sentences of identical offenses are compared for adult and juvenile offenders, then the sentences imposed on adult offenders are either the same or longer than the commensurate juvenile sentences.”
Maxwell, Ex Parte Terrell, 424 S.W.3d 66 (Tex. Crim. App. 2014).
· cites it 9× “TEX. PENAL CODE § 12.31(a) (2003). From 2005 to 2009, such an individual was punished by life without parole.”
Miller v. Alabama, 132 S. Ct. 2455 (2012).
· cites it 2× “2011); Tex. Penal Code Ann. §12.31 (a) (West 2011).”
Nolley, Erron Keith, 428 S.W.3d 860 (Tex. Crim. App. 2014).
· cites it 6× “2 Tex. Penal Code Ann. § 12.31 (a) (2008) (“An individual *862 adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the institutional division for life without parole.”
Sosa v. Alvarez-Machain, 542 U.S. 692 (2004).
· cites it 2× “, Tex. Penal Code Ann. § 12.31 (West 2003), could be judicially nullified because of the disapproving views of foreigners.”
Damian Lamon Murkledove v. State, 437 S.W.3d 17 (Tex. App. 2014).
· cites it 5× “See Tex. Penal Code Ann. § 12.31 (b). And in jury- formation issues, the substantial right at issue is the ability to empanel only those jurors who are qualified to serve.”
Collins v. State, 516 S.W.3d 504 (Tex. App. 2017).
· cites it 5× “See Tex. Penal Code Ann. § 12.31 (a) (West Supp.”
Narjes Modarresi v. State, 488 S.W.3d 455 (Tex. App. 2016).
· cites it 5× “See Tex. Penal Code Ann. § 12.31 (a)(2) (West Supp.”
Rummel v. Estelle, 445 U.S. 263 (1980).
· cites it 2× “Tex. Penal Code §§ 12.31, 19.03 (1974). A person who commits a first-degree felony, including murder, aggravated kidnaping, or aggravated rape, may be imprisoned from 5 to 99 years.”
— Tex. Penal Code § 12.31(a) — 102 cases
Meadoux v. State, 325 S.W.3d 189 (Tex. Crim. App. 2010).
“[3] Meadoux argued, in effect, that Texas Penal Code § 12.31(a), as it was then written, was unconstitutional as applied to juveniles.”
Maxwell, Ex Parte Terrell, 424 S.W.3d 66 (Tex. Crim. App. 2014).
“TEX. PENAL CODE § 12.31(a) (2003). From 2005 to 2009, such an individual was punished by life without parole.”
Nolley, Erron Keith, 428 S.W.3d 860 (Tex. Crim. App. 2014).
“2 Tex. Penal Code Ann. § 12.31 (a) (2008) (“An individual *862 adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the institutional division for life without parole.”
— Tex. Penal Code § 12.31(a)(1) — 21 cases
Guzman v. State, 539 S.W.3d 394 (Tex. App. 2017).
“The comparison is inapposite; if the minimum required sentences of identical offenses are compared for adult and juvenile offenders, then the sentences imposed on adult offenders are either the same or longer than the commensurate juvenile sentences.”
— Tex. Penal Code § 12.31(a)(1)(2013) — 1 case
— Tex. Penal Code § 12.31(a)(2) — 82 cases
— Tex. Penal Code § 12.31(a)(2007) — 4 cases
— Tex. Penal Code § 12.31(b) — 29 cases
— Tex. Penal Code § 12.31(b)(2) — 3 cases
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